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

Vol. 146 WASHINGTON, TUESDAY, SEPTEMBER 26, 2000 No. 116 House of Representatives The House met at 9 a.m. Mr. BLUMENAUER. Mr. Speaker, my Mr. Speaker, I share this painful f goal in Congress has been to make the memory not because we should dwell Federal Government a better partner, on these losses, but because they MESSAGE FROM THE SENATE working with people back home to should inspire us to take steps to pro- A message from the Senate by Mr. make our communities more livable, tect families in the future. Lundregan, one of its clerks, an- our families safer, healthier, and more About the time that Bob lost his life, nounced that the Senate has passed economically secure. An important America declared war on drunk driving with an amendment in which the con- step towards that goal would be to re- and death on our highways. Our battle currence of the House is requested, a duce the threat of gun violence in our for highway safety was enormously bill of the House of the following title: communities. successful. We have cut the fatality In no developed country in the world rate in half by a series of simple com- H.R. 4864. An act to amend title 38, United are families at greater risk of gun vio- States Code, to reaffirm and clarify the duty mon sense reforms. So too, we can of the Secretary of Veterans Affairs to assist lence than in the United States. Why is launch a similar effort to protect claimants for benefits under laws adminis- this? I think that one of the problems Americans against gun violence. We tered by the Secretary, and for other pur- is that the sheer magnitude and ter- can take simple, common sense steps, poses. rible frequency of gun violence has keeping guns out of the hands of more The message also announced that the numbed the American public. It is hard people with a pattern of reckless and Senate has passed a bill of the fol- to grasp the enormity of more than 12 dangerous behavior, treating the gun lowing title in which the concurrence children a day killed, the equivalent of like the dangerous product that it is, of the House is requested: a Columbine High School massacre just making it harder for children to obtain scattered around the country. and use them, cutting down on illegal S. 2796. An act to provide for the conserva- Part of our task must be to put a tion and development of water and related human face on those tragedies and sales and distribution. resources, to authorize the Secretary of the Sadly, this Congress has been para- then to propose simple, common sense Army to construct various projects for im- lyzed by extremists on the issue of gun steps to reduce gun violence. provements to rivers and harbors of the violence, and the Republican leader- United States, and for other purposes. My first experience with this tragedy involved a high school friend. Bob ship has refused to even allow the con- f Boothman was one of five kids. He was ference committee on the Juvenile Jus- MORNING HOUR DEBATES sandwiched between two older twin sis- tice bill to meet for 14 months to con- sider the Senate-approved gun amend- The SPEAKER. Pursuant to the ters and two younger twins, a brother and a sister, a couple of years younger. ments. They have not met since Au- order of the House of January 19, 1999, The Boothman family was a place gust of last year. the Chair will now recognize Members where people gravitated. It was warm Luckily, in my State of Oregon, in from lists submitted by the majority and loving, lots of activity, friendly, November, we can vote for Measure 5, and minority leaders for morning hour full of life. which would close the gun show loop- debates. The Chair will alternate rec- Then, one night in the fall of 1969, as hole, a small, but significant step to ognition between the parties, with each Bob was driving home, things were make sure that all gun purchasers are party limited to not to exceed 25 min- turned upside down for that family. subjected to background checks, to utes, and each Member except the ma- Someone in a car driving in the other maybe help break the log jam here in jority leader, the minority leader or direction fired a random shot that Congress. the minority whip limited to not to ex- killed Bob. Bob, the student body offi- Mr. Speaker, Bob Boothman died on ceed 5 minutes, but in no event shall cer, the boyfriend, the son, the brother, a cold November night in 1969. Since continue beyond 9:50 a.m. the trusted employee. then, over 1 million Americans have f Life did go on for the Boothman fam- lost their lives to gun violence, more ily, their children, and today, their than all of the Americans who have CONTROLLING GUN VIOLENCE IN grandchildren. Yet, nothing quite filled been killed in gun violence in war from OUR COMMUNITIES the void of having lost this terrific the Civil War to this date. We as a Na- The SPEAKER. Under the Speaker’s young man. It was not just Bob that tion have celebrated the sacrifice of announced policy of January 19, 1999, was the victim, but his parents, sisters, those million war dead; and we have the gentleman from Oregon (Mr. brother, friends. They were all victims worked to minimize, to prevent future BLUMENAUER) is recognized during of that violence, changing their lives conflicts and loss of life. So too, we morning hour debates for 5 minutes. forever. need to memorialize the victims of gun

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.

H8063

. H8064 CONGRESSIONAL RECORD — HOUSE September 26, 2000 violence, to make sure that their lives A recent World Health Organization ters and Services, and we have had a 40 were not lost in vain, so that all of study in India found that in areas percent increase in the National Do- America’s families can be safer, where effective tuberculosis treatment mestic Violence Hotline as far as fund- healthier, and more economically se- was implemented, the TB death rate ing is concerned since 1998. cure. fell 85 percent. India has undertaken an I was an original cosponsor of f aggressive campaign to control tuber- FVPSA in 1984, and I have a long his- culosis, and they need the world’s help. tory of support for the programs. The THREAT OF TUBERCULOSIS TB experts estimate it will cost an ad- programs are already funded for next SPREADING RAPIDLY WORLDWIDE ditional $1 billion each year worldwide year in the appropriation process as it The SPEAKER pro tempore (Mr. to control this disease. In the Foreign goes through the different Chambers, BALLENGER). Under the Speaker’s an- Operations appropriations bill, inter- well above the amount that they are nounced policy of January 19, 1999, the national tuberculosis control efforts funded for this year. So again, these gentleman from Ohio (Mr. BROWN) is have been allocated bipartisanly, $60 programs will continue, these pro- recognized during morning hour de- million towards that $1 billion world grams will continue at a higher ex- bates for 5 minutes. effort. This is a significant improve- penditure than they have in the past; Mr. BROWN of Ohio. Mr. Speaker, ment from last year where TB control and, as I indicated, I am very proud the threat of tuberculosis is spreading received $35 million, and 3 years ago, that we have had a 24 percent and a 40 rapidly throughout the developing when there was no money provided to percent increase in two of those pro- world. TB is the greatest infectious TB at all. grams since 1998. killer of adults worldwide, and it is the Gro Bruntland, the general director The sky is not falling on the Violence biggest killer of young women. More of the World Health Organization, said Against Women Act. The sky is even people died from tuberculosis last year tuberculosis is not a medical issue, it is going higher and clearer without the around the world than any year in his- a political issue. Getting Americans necessity to do anything else at this tory. It kills 2 million people per year, engaged in an international medical particular time. one person every 15 seconds. issue like tuberculosis, even when ad- f Not surprisingly, the statistics on ac- dressing that issue serves our inter- CAMPAIGN FINANCE REFORM cess to TB treatment worldwide are national humanitarian interests and pretty grim. Fewer than one in five of our domestic practical interests, is an The SPEAKER pro tempore. Under those with tuberculosis are receiving uphill battle. We have an opportunity the Speaker’s announced policy of Jan- appropriate treatment, something in this country and in this Chamber to uary 19, 1999, the gentleman from called Directly Observed Treatment, save millions of lives now and prevent Texas (Mr. DOGGETT) is recognized dur- Short Course. Based on World Bank es- millions of needless deaths in the fu- ing morning hour debates for 5 min- timates, DOTS treatment is one of the ture. utes. most cost-effective health interven- f Mr. DOGGETT. Mr. Speaker, in June tions available, costing as little as $20 this Congress approved the first sub- in developing countries to save a life VIOLENCE AGAINST WOMEN ACT stantive reform of our campaign fi- and producing cure rates of up to 90 to The SPEAKER pro tempore. Under nance laws since 1979. The bipartisan 95 percent, even in the poorest coun- the Speaker’s announced policy of Jan- vote for approval followed months of tries. uary 19, 1999, the gentleman from discussion of the perverse impact on We have a very small window of op- Pennsylvania (Mr. GOODLING) is recog- our democracy of clandestine political portunity during which stopping TB nized during morning hour debates for organizations organized under section would be very cost effective. If we wait, 5 minutes. 527 of the Internal Revenue Code. if we go too slowly, more strains of Mr. GOODLING. Mr. Speaker, I take While this was a small victory among multidrug-resistant tuberculosis, so- this time because today, we may have many defeats on the campaign finance called MDR–TB, will emerge. It will 40 minutes of a lot of to-do about noth- reform front, it was nevertheless sig- cost billions to control with no guar- ing, because there are those who be- nificant. The path to progress, how- antee of success. Multidrug-resistant lieve that the sky is falling on the Vio- ever, was a twisted path. Final ap- TB has been identified on every con- lence Against Women’s Act. I want to proval followed repeated rejection of tinent. According to the World Health read into the RECORD a letter that I bipartisan reform proposals in the Organization, MDR–TB ultimately sent to the Washington Post after one House Committee on Ways and Means. threatens to return TB control to the of their articles. Finally, after months of delay, the pre-antibiotic era, which older people DEAR EDITOR: It would be inaccurate for House Republican leadership reversed in this country are familiar with, your readers to conclude that the Committee course and brought up a 527 bill for our where no cure for TB was available. In on Education and the Workforce is holding consideration here in the House, late at the U.S., TB treatment, normally up reauthorization of the Violence Against night, with no amendments permitted about $2,000 per patient, skyrockets to Women Act. There are three committees and very truncated debate. $200,000 to $250,000 per patient when with jurisdiction; one of those is the Com- During previous Committee on Ways that patient is infected with MDR–TB, mittee on Education and the Workforce. We and Means consideration on this mat- have jurisdiction over several components of and treatment then may not even be VAWA, one of which we just reauthorized ter, the gentleman from Pennsylvania successful. last year, Runaway and Homeless Youth, (Mr. COYNE) and I had offered a more The Prime Minister of India visited which was signed into law on October 12, comprehensive alternative. Unfortu- the United States recently and spoke 1999. There is no need to deal with a program nately, the provisions of this alter- in this Chamber. During his trip, he reauthorized that recently, since there has native were omitted from the final bill and I discussed the growing threat of hardly been enough time to determine if fur- during the belated scrambling for im- tuberculosis and other infectious dis- ther changes in the program are needed. mediate floor consideration. Now, eases in South Asia. India has more TB We also have jurisdiction over the Family many State and local officials are pay- Violence Prevention and Services Act, an- cases than anywhere else in the world. other component of VAWA, as well as the ing the price for this mistake with un- Each day, 1,200 Indians die of tuber- Child Abuse Prevention and Treatment Act, necessary time and effort in com- culosis. The disease has become a very which my committee plans to reauthorize to- pleting unnecessary filings here in major barrier to social and economic gether next year, as we always have. This Washington that duplicate those they development, costing the Indian econ- tandem reauthorization has occurred ever were already making on the State omy an estimated $2 billion a year. Mr. since 1988. level. Speaker, 300,000 children are forced to Mr. Speaker, we have grants that go Mr. Speaker, I have just introduced leave school each year because their to battered women’s shelters and serv- legislation with a number of our col- parents have tuberculosis. More than ices and the National Domestic Vio- leagues to correct this error. This new 100,000 women with TB are rejected by lence Hotline. I want to make it very bill will address the concerns of the their families, due to the social stigma clear that we have had increases of 24 State and local officials and organiza- attached to it. percent in the Battered Women’s Shel- tions, it will apply the gift tax as an September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8065 added element of deterrence for undis- status. Within the last few days, The THE JOURNAL closed contributions as we previously Washington Post has reported that The SPEAKER pro tempore. The proposed, and it will make other nec- ‘‘Political groups that want to keep Chair has examined the Journal of the essary technical corrections of errors their finances secret are changing their last day’s proceedings and announces that were committed in the course of tax status in order to avoid having to to the House his approval thereof. rushing the previous bill to the floor reveal their donors and spending, mak- Pursuant to clause 1, rule I, the Jour- late one night. ing an end-run around a new law in- nal stands approved. Mr. Speaker, while the problem of tended to crack down on anonymous Mr. PASCRELL. Mr. Speaker, pursu- having the State and local committees political activity.’’ ant to clause 1, rule I, I demand a vote make duplicative filings certainly did Among the worst of these is a group on agreeing to the Speaker’s approval not have a bipartisan origin, it does de- called ‘‘Citizens for Better Medicare’’ of the Journal. mand a bipartisan solution. As with that is determined to block our efforts The SPEAKER pro tempore. The the original 527 bill that I first pre- to end price discrimination against question is on the Chair’s approval of sented in March, I seek support of both seniors. This is discrimination by the Journal. Republican and Democratic colleagues which our seniors in America are lit- The question was taken; and the to correct what one group has called erally treated worse than dogs, having Speaker pro tempore announced that ‘‘the senseless duplication of efforts on to pay the highest prices, not only the ayes appeared to have it. the part of many State and local’’ or- more than animals in the United Mr. PASCRELL. Mr. Speaker, I ob- ganizations forced to fill out forms and States, but more than people anywhere ject to the vote on the ground that a send them to the Internal Revenue around the globe. This group has ex- quorum is not present and make the Service, even if they have already pended so much in political advertising point of order that a quorum is not made substantially the same public on television that one commentator re- present. disclosure to State regulatory agen- cently suggested it has practically be- The SPEAKER pro tempore. Pursu- cies. come a third political party along with ant to clause 8, rule XX, further pro- Mr. Speaker, this bill will provide an the Democrats and the Republicans. exemption for those State and local ceedings on this question will be post- Mr. Speaker, I hope that next year poned. groups that are meeting substantially we can have comprehensive reform to the same public disclosure require- The point of no quorum is considered address this problem we had antici- withdrawn. ments as now apply to Federal 527 or- pated and which could have been large- ganizations. Simply, exempting the ly avoided had the alternative we ad- f committees without requiring them to vanced in the Committee on Ways and PLEDGE OF ALLEGIANCE be ‘‘substantially similar’’ could create Means been adopted. But today, I ask an unwise loophole in the modest bill my colleagues to join us in a modest The SPEAKER pro tempore. Will the that Congress has approved, but doing change that can help our State and gentleman from Nebraska (Mr. BAR- it as we propose and as we proposed in local committees and public officials RETT) come forward and lead the House our previous legislation in the Com- and improve the reform legislation in the Pledge of Allegiance. mittee on Ways and Means will reduce adopted in June. Mr. BARRETT of Nebraska led the Pledge of Allegiance as follows: the burden on the Internal Revenue f Service; and, more importantly, it I pledge allegiance to the Flag of the would reduce the burden on many local RECESS United States of America, and to the Repub- and State organizations. Additionally, lic for which it stands, one nation under God, The SPEAKER pro tempore. Pursu- indivisible, with liberty and justice for all. this bill removes the requirement that ant to clause 12 of rule I, the Chair de- electronic filings be duplicated in writ- clares the House in recess until 10 a.m. f ing, thereby reducing paperwork for Accordingly (at 9 o’clock and 20 min- WELCOMING THE REVEREND both the filer and the IRS. utes a.m.), the House stood in recess JERRY PRUITT, NEW ARK CHRIS- As with most bills that get rushed until 10 a.m. through the House, there are other am- TIAN CENTER, BELOIT, WIS- f biguities that require technical correc- CONSIN tions. To prevent a misinterpretation b 1000 (Mr. RYAN of Wisconsin asked and that would weaken enforcement, this was given permission to address the AFTER RECESS new bill will clarify, as did our old House for 1 minute and to revise and committee alternative, that all of the The recess having expired, the House extend his remarks.) 527s’ income, whether segregated or was called to order by the Speaker pro Mr. RYAN of Wisconsin. Mr. Speaker, not, is to be considered taxable income tempore (Mr. HANSEN) at 10 a.m. I rise today to thank the Pastor, Jerry in case of failure to file the required f Pruitt, from the newly renamed Faith notice. Further, the bill will clear up Builders International in Beloit, Wis- an ambiguity as to whether the failure PRAYER consin, formerly known as New Ark to file penalty is to be treated as a tax The Reverend Jerry Pruitt, New Ark Christian. liability or a civil penalty, which could Christian Center, Beloit, Wisconsin, of- Mr. Speaker, I have come to know otherwise delay enforcement and col- fered the following prayer: Pastor Jerry Pruitt as a personal lection. Through this change, the State Our Heavenly Father, You alone rule friend and a counselor, a man who has and local groups, which may have filed in the hearts of men and women. It is give guidance not only to myself, but late because of a lack of notice about because of You that our great Nation to countless numbers of people the new law could be afforded the same stands as a beacon of hope to the rest throughout Northern Illinois and ‘‘reasonable cause’’ arguments avail- of the world. Southern Wisconsin. able to every other taxpayer under the We thank You God that You also rule Jerry Pruitt is a man who has built a civil penalty section. Finally, the bill in the affairs of young people. church from the ground up, literally, will add back the omitted companion We ask for Your presence to be here to one where it is a beacon of hope, of penalties that we proposed for fraudu- as this very important session of Con- religious pride, of Christian values, lent filings for violations of the new 527 gress opens today. We know that we that is spreading throughout Southern law and the gift tax penalty for undis- need Your wisdom here today. These Wisconsin, and now going inter- closed contributions. servants to the American people want national. This legislation is narrowly drawn to to do what is right and just. We com- Mr. Speaker, it is a privilege to be secure approval now in the waning mit this time to You as they bring here today to have Pastor Jerry Pruitt days of this Congress. But much more peace and justice to our country and open today’s proceedings with a prayer. comprehensive additional reform is the world. We are very proud of him at home in needed. Already, there are groups that Thank You God for answering these Wisconsin. Now we are very proud of are shifting from 527s to different tax requests. In Your name we pray. Amen. him here in the Nation. H8066 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Thank you very much, Mr. Speaker, funds, and paying down the national TRIBUTE TO TAMMY NELSON, for allowing the opportunity to have debt. Unfortunately, this administra- NEBRASKA’S ANGEL IN ADOPTION such a wonderful man, who has brought tion and our colleagues on the other (Mr. BARRETT of Nebraska asked so much to so many people’s lives, be side of the aisle have rejected our pro- and was given permission to address with us today. posals each and every time. the House for 1 minute and to revise f Now is the time, Mr. Speaker, to and extend his remarks.) meet the needs of the American people. Mr. BARRETT of Nebraska. Mr. 100 YEAR ANNIVERSARY OF LEES- Nevada is pioneering a plan for pre- Speaker, I rise today to honor every MCRAE COLLEGE, BANNER ELK, scription drug coverage for our seniors, family who has welcomed an adoptive NORTH CAROLINA and this Congress should look seriously or foster child into their home, but I (Mr. BALLENGER asked and was at providing similar coverage to all want to express my special apprecia- given permission to address the House needy American seniors as well. But, tion to Nebraska’s ‘‘Angel in Adop- for 1 minute and to revise and extend like most Nevadans, we are tired of tion,’’ Tammy Nelson. The award is his remarks.) waiting for the Democrats to enact So- sponsored by the Congressional Coali- Mr. BALLENGER. Mr. Speaker, cial Security and Medicare lockbox tion on Adoption. today, Lees-McRae College in Banner acts, and they are tired of waiting for Tammy and her husband, Jeff, pro- Elk, North Carolina, celebrates its cen- a real commitment by the Democrats vide a home for two adopted sons, three tennial. It is altogether fitting that we to pay down our national debt. foster sons, two guardianship sons, one pause to honor the vision and accom- This Republican Congress has acted extended family son, and a biological plishments of its founder, the Reverend on these priorities; and now, we too are son. That is nine boys, and they also Edgar Tufts, on this celebrated day. tired of waiting. It is time for this ad- have a grown daughter. For 100 years, Lees-McRae College ministration and the House Democrats Tammy’s busy schedule includes has provided a quality, student-cen- sign into law legislation which has teaching adoption classes. She is also tered, values-based education. From its passed this House and meets the needs an assistant to a youth group in her humble beginning in Edgar Tuft’s of the American people. church, and she even coaches a girls study, Lees-McRae has grown into a I yield back the inaction of the Clin- wrestling team. I have no idea how she fully accredited baccalaureate institu- ton-Gore Administration and the gets it all done. tion. House Democrats, who are more con- Obviously, Tammy has a strong com- In addition, Lees-McRae is com- cerned with political rhetoric than mitment to her family and community. mitted to being an integral part of the serving the American people. She makes a big difference in the lives larger community, as witnessed by its f of her children and children across the outreach projects, cooperative pro- State. As a grandfather of two adoptive grams with area schools, and humani- IMPENDING ENERGY PRICE CRISIS children, I can well understand how tarian service activities. (Mr. PASCRELL asked and was given much love and dedication it takes to Lees-McRae College is an institution permission to address the House for 1 welcome adoptive children into a fam- of which the entire Nation should be minute and to revise and extend his re- ily. proud, and we wish it well as it enters marks.) I want to thank Tammy and Jeff, and its second century. Mr. PASCRELL. Mr. Speaker, we everyone who is involved in providing f find ourselves facing impending cold safe, loving homes for our Nation’s weather and a looming energy crisis. children. AMERICAN JOBS BEING SHIPPED Oil prices and high energy costs must f OVERSEAS be an issue on the Nation’s agenda. (Mr. TRAFICANT asked and was The rising cost of home heating oil BRINGING ABDUCTED CHILDREN given permission to address the House will have a devastating economic im- HOME for 1 minute and to revise and extend pact on 36 percent of the households in (Mr. LAMPSON asked and was given his remarks.) the Northeast. We in Congress cannot permission to address the House for 1 Mr. TRAFICANT. Mr. Speaker, the ignore this. minute and to revise and extend his re- Pentagon wants to buy combat ships Currently, home heating oil inven- marks.) from foreign shipbuilders. Now, if that tories are down. In fact, stocks of crude Mr. LAMPSON. Mr. Speaker, I rise is not enough to sink your rubber oil, gasoline and heating oil in the today in my continued effort to bring ducky, check this out: we give billions United States have not been at levels to this House’s attention my deepest to Russia and billions to China in tax this low since the middle 1970s, when concern for the American families de- breaks, and, even though the American our economy was thrown into turmoil. stroyed by cases of international child worker builds the best ships in the The demand for fuel is predicted to abduction. Today, I will share with my world, the Pentagon now wants to buy increase significantly this winter. We colleagues the story of Gabrielle, Eliza- ships from Russia and China. need to do a few things. A home heat- beth and Ashley Millares, who were Beam me up. Who is running the Pen- ing oil reserve in the Northeast with an taken by their non-custodial father, tagon, Monte Hall? I think it is time to effective trigger is critical to the sta- Mr. Arle Millares, on December 25, 1996. tell the Pentagon that we can hire gen- bility and well-being of all of our con- A felony warrant for child conceal- erals and admirals a hell of a lot cheap- stituents. ment was issued in January of 1997. Mr. er from Korea too. I am pleased that the President has Millares and the children are believed I yield back the fact that American heeded the bipartisan call of many in to be in the Philippines, his place of jobs are literally being shipped over- Congress to use the Strategic Petro- birth. He does not have American citi- seas. leum Reserve to help lower the price of zenship, nor has he ever had a Social f oil and satisfy some of the demand. Security number. Only a small percentage of the released Mr. Millares and his children were SERVE THE AMERICAN PEOPLE oil will be used for home heating oil, featured in the December 1997 issue of (Mr. GIBBONS asked and was given but the message the President has the Front Line newsletter, a publica- permission to address the House for 1 given is clear: the Low Income Home tion of the National Center for Missing minute and to revise and extend his re- Energy Assistance Program and its and Exploited Children. Mrs. Jennifer marks.) funding and weatherization assistance Murphy, the custodial mother, has not Mr. GIBBONS. Mr. Speaker, this Re- is also essential for low-income fami- seen nor heard from her children in publican Congress is working hard to lies. over 6 years. pass legislation that meets the needs of We must continue to take steps to Mr. Speaker, I come to the floor for Americans, such as providing prescrip- ensure that low-income families and these daily one minutes because I care tion drug coverage, protecting the seniors do not have to make the choice about families and reuniting children Medicare and Social Security trust between staying warm or buying food. with parents. I urge my colleagues to September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8067 join me in spreading the message and AMERICANS WANT A DEBT-FREE XX, the pending business is the ques- taking a responsible role in bringing AND RESPONSIBLE GOVERNMENT tion of the Speaker’s approval of the our children home. (Mr. SAM JOHNSON of Texas asked Journal of the last day’s proceedings. f and was given permission to address The question is on the Speaker’s ap- proval of the Journal. SEPTEMBER 26, A NATIONAL DAY the House for 1 minute and to revise The question was taken; and the OF PRAYER AND THANKSGIVING and extend his remarks.) Mr. SAM JOHNSON of Texas. Mr. Speaker pro tempore announced that (Mr. PITTS asked and was given per- Speaker, do you know what? AL GORE the ayes appeared to have it. mission to address the House for 1 is a spender. He wants to spend $1.4 Mr. LAMPSON. Mr. Speaker, I object minute and to revise and extend his re- trillion of our surplus on new govern- to the vote on the ground that a marks.) ment programs, eliminating any hope quorum is not present and make a Mr. PITTS. Mr. Speaker, on this day, that Americans will get needed tax re- point of order that a quorum is not September 26, 1780, 220 years ago, the lief and stopping our efforts to elimi- present. treason attempt of American General nate our national debt. The SPEAKER pro tempore. Evi- Benedict Arnold was discovered. Gen- Republicans have already success- dently a quorum is not present. eral Washington reported to Congress, fully eliminated $350 billion of public The Sergeant at Arms will notify ab- ‘‘Treason of the blackest dye was yes- debt and have dedicated 90 percent of sent Members. terday discovered. General Arnold, who the next year’s surplus solely to debt The vote was taken by electronic de- commanded at West Point, was about reduction. Republicans will eliminate vice, and there were—yeas 332, nays 47, to deliver up that important post into another $240 billion in debt in the next answered ‘‘present’’ 1, not voting 53, as the hands of the enemy. Such an event year alone. follows: must have given the American cause a The choice is easy: Do you want to [Roll No. 488] deadly wound if not a fatal stab. Hap- spend $1.4 trillion in new government pily, the treason has been timely dis- spending or have a debt-free America? YEAS—332 covered to prevent the fatal misfor- Mr. GORE needs to rip up his govern- Abercrombie Cunningham Houghton tune. The providential train of cir- ment credit card and join the Repub- Ackerman Davis (FL) Hoyer Aderholt Davis (IL) Hunter cumstances which led to it affords the licans in eliminating our national debt. Allen Davis (VA) Hutchinson most convincing proof that the lib- Americans want, need, and deserve a Andrews Deal Inslee erties of America are the object of Di- responsible government and a debt-free Armey DeGette Isakson Baca Delahunt Istook vine protection.’’ America. Bachus DeLauro Jackson (IL) As a result, Congress called for a na- f Baker DeLay Jackson-Lee tional day of prayer and thanksgiving, Baldacci DeMint (TX) b declaring in the resolution, ‘‘It hath 1015 Baldwin Deutsch Jenkins Ballenger Diaz-Balart John pleased Almighty God, the Father of AMERICA NEEDS NATIONAL Barcia Dicks Johnson (CT) all mercies, to rescue the person of our POLICY ON ENERGY Barr Dixon Johnson, E.B. Commander-in-Chief and the army (Mr. FOLEY asked and was given per- Barrett (NE) Doggett Johnson, Sam from imminent dangers at the moment Barrett (WI) Dooley Jones (NC) mission to address the House for 1 Bartlett Doolittle Kanjorski when treason was ripened for execu- minute and to revise and extend his re- Barton Doyle Kaptur tion. It is therefore recommended to marks.) Bass Dreier Kasich the several States a day of public Mr. FOLEY. Mr. Speaker, this past Becerra Duncan Kelly thanksgiving and prayer.’’ Bentsen Dunn Kennedy week the administration announced Bereuter Edwards Kildee On this day, 220 years ago, Congress that we were releasing fuel from our Berkley Ehlers Kind (WI) called on the people of the United Strategic Reserve, and it had nothing Berman Ehrlich King (NY) States to openly thank God for pro- to do with politics or the upcoming Berry Eshoo Kingston tecting America, a lesson we should Biggert Etheridge Kleczka election. Bilirakis Evans Knollenberg still remember today. And I thought, April Fools Day only Bishop Everett Kolbe f came once a year. Blagojevich Ewing Kuykendall This administration has proven that Bliley Farr LaFalce THE MEDIA SHOULD GIVE US THE Blumenauer Fletcher LaHood it has no energy policy, unless that FACTS Boehlert Foley Lampson means stealing secrets from Los Ala- Boehner Forbes Lantos (Mr. SMITH of Texas asked and was mos, then they are quite inept. The ad- Bonilla Fowler Largent given permission to address the House ministration goes after Microsoft, a do- Bonior Frank (MA) Larson for 1 minute and to revise and extend Bono Frelinghuysen Latham mestic company with great entre- Boswell Frost LaTourette his remarks.) preneurs, and leaves OPEC, the Organi- Boucher Gallegly Leach Mr. SMITH of Texas. Mr. Speaker, zation of Petroleum States, untouched. Boyd Ganske Lee the media, newspapers, radio and TV We need in this country to create a Brady (TX) Gejdenson Levin stations, have a huge impact on our Brown (FL) Gekas Lewis (CA) national policy on energy. We need to Brown (OH) Gephardt Lewis (GA) lives. They influence how we think and look for alternative fuel sources and Bryant Gilchrest Lewis (KY) act. not be so reliant and so dependent on Burr Gilman Linder Protected by the constitutional right outside influences to take care of our Buyer Gonzalez Lipinski to free speech, the media have few re- Callahan Goode Lofgren oil. The recent announcement that we Calvert Goodlatte Lowey straints on what they can say and do. would release 30 million barrels of oil, Camp Goodling Lucas (KY) They enjoy a ‘‘public trust’’ not to as Tim Russert said on Meet the Press Canady Gordon Lucas (OK) abuse their power. But I wonder how Cannon Goss Luther this week, will only last America 36 Capps Graham Maloney (CT) objective Washington political writers hours. Cardin Granger Maloney (NY) can be, when 89 percent acknowledged Mr. Speaker, we need a policy, not Carson Green (TX) Manzullo in a survey that they voted for Bill politics. We need help for American Castle Green (WI) Martinez Chabot Greenwood Mascara Clinton and AL GORE. families, not quick sound bite solu- Chambliss Hall (TX) Matsui What concerns me is that we all need tions. We need new direction and new Clayton Hansen McCarthy (MO) accurate and objective information if leadership, not the old standby rhet- Clement Hastings (WA) McCarthy (NY) we are to reach informed opinions oric of saving America by using our Clyburn Hayes McGovern Coble Hayworth McHugh about national issues. most precious reserves for a political Combest Herger McInnis The media needs to treat their read- play rather than for helping American Conyers Hill (IN) McIntyre ers, listeners and viewers with respect, consumers. Cook Hinojosa McKeon respect for their intelligence to make Cooksey Hobson McKinney f Cox Hoeffel Meehan the right decisions for themselves and Coyne Hoekstra Meek (FL) for our country. News stories should THE JOURNAL Cramer Holden Meeks (NY) give us the unvarnished facts and then The SPEAKER pro tempore (Mr. Cubin Hooley Menendez let us draw our own conclusions. HANSEN). Pursuant to clause 8, rule Cummings Hostettler Metcalf H8068 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Mica Reyes Snyder ANNOUNCEMENT BY THE SPEAKER as of the first taxable year of the taxpayer Miller (FL) Reynolds Souder PRO TEMPORE beginning after the calendar year in which Miller, George Riley Spence there is a determination that the child is Minge Rivers Spratt The SPEAKER pro tempore (Mr. Moakley Rodriguez Stearns dead (or, if earlier, in which the child would HANSEN). Pursuant to clause 8 of rule Mollohan Roemer Strickland have attained age 18).’’ Moore Rogan Stump XX, the Chair announces that he will (b) EFFECTIVE DATE.—The amendment Moran (VA) Rogers Sununu postpone further proceedings today on made by this section shall apply to taxable Morella Rohrabacher Sweeney each motion to suspend the rules on years ending after the date of the enactment Murtha Ros-Lehtinen Tanner of this Act. Myrick Rothman Tauscher which a recorded vote or the yeas and Napolitano Roukema Tauzin nays are ordered, or on which the vote The SPEAKER pro tempore. Pursu- Neal Roybal-Allard Terry is objected to under clause 6 of rule ant to the rule, the gentleman from Nethercutt Rush Thomas XX. Minnesota (Mr. RAMSTAD) and the gen- Ney Ryan (WI) Thornberry OYNE Northup Ryun (KS) Thune Recorded votes on postponed ques- tleman from Pennsylvania (Mr. C ) Norwood Salmon Thurman tions may be taken in several groups. each will control 20 minutes. Nussle Sanchez Tiahrt f The Chair recognizes the gentleman Obey Sanford Tierney from Minnesota (Mr. RAMSTAD). Olver Sawyer Toomey MISSING CHILDREN TAX FAIRNESS GENERAL LEAVE Ortiz Saxton Towns ACT OF 2000 Ose Scarborough Traficant Mr. RAMSTAD. Mr. Speaker, I ask Owens Schakowsky Turner Mr. RAMSTAD. Mr. Speaker, I move unanimous consent that all Members Oxley Scott Upton to suspend the rules and pass the bill Packard Sensenbrenner Velazquez may have 5 legislative days within Pallone Serrano Walden (H.R. 5117) to amend the Internal Rev- which to revise and extend their re- Pastor Sessions Walsh enue Code of 1986 to clarify the allow- marks and include extraneous material Payne Shadegg Waters ance of the child credit, the deduction on H.R. 5117, as amended. Pease Shaw Watkins Peterson (PA) Shays Watt (NC) for personal exemptions, and the The SPEAKER pro tempore. Is there Petri Sherman Watts (OK) earned income credit for missing chil- objection to the request of the gen- Phelps Sherwood Waxman dren, and for other purposes, as amend- tleman from Minnesota? Pickering Shimkus Weiner ed. There was no objection. Pitts Shows Weldon (FL) Pombo Shuster Whitfield The Clerk read as follows: Mr. RAMSTAD. Mr. Speaker, I yield Pomeroy Simpson Wicker H.R. 5117 myself such time as I may consume. Porter Sisisky Wilson Be it enacted by the Senate and House of Rep- Mr. Speaker, I want to first thank Portman Skeen Wolf resentatives of the United States of America in the gentleman from Texas (Chairman Quinn Skelton Woolsey Radanovich Smith (NJ) Wu Congress assembled, ARCHER) of the Committee on Ways Rangel Smith (TX) Wynn SECTION 1. SHORT TITLE. and Means for clearing this bill for the Regula Smith (WA) Young (FL) This Act may be cited as the ‘‘Missing suspension calendar and to the major- NAYS—47 Children Tax Fairness Act of 2000’’. ity leader, the gentleman from Texas SEC. 2. TREATMENT OF MISSING CHILDREN WITH (Mr. ARMEY), the gentleman from Illi- Baird Hefley Ramstad RESPECT TO CERTAIN TAX BENE- ASTERT Bilbray Hill (MT) Sabo FITS. nois (Speaker H ) for putting Borski Hilleary Schaffer (a) IN GENERAL.—Subsection (c) of section this important legislation on a fast Brady (PA) Hilliard Slaughter track bringing it up today. Capuano Holt Stark 151 of the Internal Revenue Code of 1986 (re- Condit Hulshof Stenholm lating to additional exemption for depend- Mr. Speaker, imagine the horror of Crane Kucinich Stupak ents) is amended by adding at the end the learning that a stranger has kidnapped Crowley LoBiondo Taylor (MS) following new paragraph: your child. Then imagine the courage DeFazio Markey Thompson (CA) ‘‘(6) TREATMENT OF MISSING CHILDREN.— Dickey McDermott Thompson (MS) needed to keep alive the hope of your ‘‘(A) IN GENERAL.—Solely for the purposes English McNulty Udall (CO) child’s recovery and safe return. Imag- referred to in subparagraph (B), a child of Filner Moran (KS) Udall (NM) ine the costs, the financial costs, in- the taxpayer— Gutierrez Oberstar Visclosky curred by heartbroken parents spend- Gutknecht Pascrell Wamp ‘‘(i) who is presumed by law enforcement Hall (OH) Peterson (MN) Weller authorities to have been kidnapped by some- ing every last penny searching for their Hastings (FL) Pickett one who is not a member of the family of abducted child. Mr. Speaker, imagine an agency of ANSWERED ‘‘PRESENT’’—1 such child or the taxpayer, and ‘‘(ii) who was (without regard to this para- the Federal Government that steals Tancredo graph) the dependent of the taxpayer for the your hope, that tells you your child is NOT VOTING—53 taxable year in which the kidnapping oc- no longer part of your household. It curred, Archer Gillmor Pelosi does not get any worse from out-of- Blunt Hinchey Price (NC) shall be treated as a dependent of the tax- touch Washington bureaucrats than to Burton Horn Pryce (OH) payer for all taxable years ending during the deny the family of a kidnapped child Campbell Hyde Rahall period that the child is kidnapped. the dependency exemption, even Chenoweth-Hage Jefferson Royce ‘‘(B) PURPOSES.—Subparagraph (A) shall Clay Jones (OH) Sanders apply solely for purposes of determining— though the family continues to spend Coburn Kilpatrick Sandlin thousands of dollars searching for their Collins Klink Smith (MI) ‘‘(i) the deduction under this section, Costello Lazio Stabenow ‘‘(ii) the credit under section 24 (relating to child and maintains the child’s bed- Danner McCollum Talent child tax credit), and room. Dingell McCrery Taylor (NC) ‘‘(iii) whether an individual is a surviving Unbelievable, but true. This is ex- Emerson McIntosh Vento spouse or a head of a household (such terms actly what the Internal Revenue Serv- Engel Millender- Vitter are defined in section 2). Fattah McDonald Weldon (PA) ice has been doing to families of miss- ‘‘(C) COMPARABLE TREATMENT FOR EARNED Ford Miller, Gary Wexler ing and abducted children. INCOME CREDIT.—For purposes of section 32, Fossella Mink Weygand Beside me right here, Mr. Speaker, is Franks (NJ) Nadler Wise an individual— Gibbons Paul Young (AK) ‘‘(i) who is presumed by law enforcement a picture of a young boy who was sto- authorities to have been kidnapped by some- len from his family in 1989 in Min- b one who is not a member of the family of nesota. His name is Jacob Wetterling, 1038 such individual or the taxpayer, and and his story has touched countless Mr. RYAN of Wisconsin changed his ‘‘(ii) who had, for the taxable year in which lives throughout Minnesota and our vote from ‘‘nay’’ to ‘‘yea.’’ the kidnapping occurred, the same principal Nation. Jacob was abducted from the So the Journal was approved. place of abode as the taxpayer for more than small community of St. Joseph, Min- The result of the vote was announced one-half of the portion of such year before the date of the kidnapping, nesota when he was 11 years old. A as above recorded. masked gunman took Jacob from his Stated for: shall be treated as meeting the requirement of section 32(c)(3)(A)(ii) with respect to a bicycle while his brother and his friend Mr. TAYLOR of North Carolina. Mr. Speak- taxpayer for all taxable years ending during watched helplessly. er, on rollcall No. 488, I was unavoidably de- the period that the individual is kidnapped. His family has not heard from Jacob tained due to flight delays. Had I been ‘‘(D) TERMINATION OF TREATMENT.—Sub- since that day, but we all hope and present, I would have voted ``yea.'' paragraphs (A) and (C) shall cease to apply pray with them for his safe return, and September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8069 Jacob’s family has turned his tragedy abducted children. A family whose Mr. Speaker, I reserve the balance of into a national effort that has helped child was stolen by a stranger asked my time. hundreds and hundreds of missing chil- the IRS whether they could continue Mr. COYNE. Mr. Speaker, I yield my- dren in this country. taking the dependency exemption. self such time as I may consume. Jacob’s parents, Patty and Jerry They were spending thousands of dol- Mr. Speaker, this bill before us today Wetterling, founded the Jacob lars searching for their child, main- would codify the Internal Revenue Wetterling Foundation, an organiza- taining the child’s room and so forth. Service’s current position to allow a tion that helps prevent and respond to The IRS answered in August. Do my dependent exemption to the family of a child abductions. Patty Wetterling, as colleagues know what their answer missing child in the years after the most of my colleagues remember, is a was. No. Not in the years after one’s child’s abduction. This bill would also tireless advocate for children traveling child was abducted, even if one main- extend this fair approach to families around the country, educating commu- tains the child’s room and spends with missing children for purposes of nities about child safety. money searching for the missing child. the child credit and earned income tax That is why I and a number of Mem- credit. b 1045 bers on both sides of the aisle intro- I support this bill, as does a broad bi- It was Patty’s work that inspired me duced the bill before us today, H.R. partisan group of people in this Cham- to introduce the Jacob Wetterling bill 5117, the Missing Children Tax Fairness ber and the administration. I want to several years ago. Those of my col- Act. This bill will clarify that families applaud the cosponsors of this bill for leagues who are here remember Patty’s whose children are abducted by strang- bringing this to the attention of the effective lobbying efforts to pass that ers can continue to take the depend- committee on Ways and Means and bill, walking the halls of Congress, ency exemption. It also clarifies other particularly the gentleman from Min- coming to my colleagues’ offices, testi- areas of the law so these families will nesota (Mr. RAMSTAD). The gentleman fying before the Committee on the Ju- be held harmless with respect to the from Minnesota (Mr. RAMSTAD) is the diciary, working tirelessly on that im- child tax credit, earned income tax leading sponsor of the bill; and the gen- portant legislation, which is now the credit, and filing status. The bottom tlewoman from Florida (Mrs. THUR- law of the land, requiring people who line is this, Mr. Speaker, no families’ MAN), the gentleman from New Jersey are convicted of crimes against chil- taxes will increase simply because a (Mr. MENENDEZ), and the gentleman dren to register with law enforcement stranger abducts their child. from Tennessee (Mr. GORDON) are co- whenever they move into a commu- Mr. Speaker, just last week, officials sponsors of the legislation. They de- nity. at the IRS were informed that this leg- serve our thanks for highlighting this The Jacob Wetterling law is working islation would be considered by the problem and the area that it consumes thanks to Patty Wetterling and others House today. Then on Friday, just this in the tax laws of the country. who fought for that bill that protects last Friday, the IRS suddenly and dra- H.R. 5117, the Missing Children Tax American children from predators. matically reversed itself and issued an- Fairness Act of 2000, was introduced in This picture, Mr. Speaker, shows other advice memorandum saying that response to an ill-advised IRS chief Jacob as he looked at the time he was these parents may be able to claim a counsel and the advice in a memo- kidnapped in 1989, this first picture on dependency exemption after all. This is randum that he presented which has, my colleagues’ left. The picture beside a welcome change of heart by the IRS, by the way, since been reversed. it shows how Jacob might look today. but this legislation is still needed. On August 31, 2000, the New York That has been age enhanced. First, the IRS advice memorandum Times reported that in April of this Mr. Speaker, if anyone, anyone has does not establish legal precedent. As year, a taxpayer asked an IRS cus- any information about Jacob, they we all know, the IRS could very well tomer service representative if he should call 1–800–THELOST, 1–800–T-H- flip-flop again. We also need to clarify could claim a dependent exemption for other areas of the Tax Code dealing E-L-O-S-T. his kidnapped child for the 1999 tax with children so these families will no My thanks go to the National Center year. The taxpayer also asked if the de- longer face the possibility of a tax for Missing and Exploited Children, to pendent exemption could be claimed in hike. Ernie Allen, and all those people there future years if the child’s room was who work so hard with their help with It is my understanding that a few years ago, another family whose child being maintained and money was being this graphic and for all they do to help was abducted asked the IRS about the spent on such a search. bring America’s missing children dependency exemption. The IRS told The IRS customer service representa- home. them flatly, quote from the IRS offi- tive contacted the IRS national office Mr. Speaker, the families of missing cial, ‘‘We presume your child is dead.’’ for a technical response. The IRS chief children fight countless battles. Fight- Mr. Speaker, it is time to put an end to counsel’s office replied that the allow- ing the IRS should not be one of them. that callous kind of response. ance was legitimate in the year of the In 1990, the year after Jacob was kid- As Patty Wetterling put it best, ‘‘I kidnapping but that in subsequent napped, listen to this, Mr. Speaker, the always felt it was awfully cold for the years no exemption could be claimed. year after this young boy was kid- IRS to profit from our great loss.’’ This is not the first time, as the gen- napped, his parents, the Wetterlings, Patty also said, and I am quoting, ‘‘I tleman from Minnesota (Mr. RAMSTAD) were informed they could no longer hope Congress will reverse the IRS and pointed out, that this issue has arisen. take the dependency exemption for provide a huge emotional and financial The press has reported a similar case Jacob on their tax return, this in spite relief for parents of missing and ab- involving 12-year-old Johnny Gosch of the fact the Wetterlings continued ducted children.’’ who was kidnapped by a stranger in to spend a fortune looking for Jacob, Mr. Speaker, I am grateful to my col- front of five witnesses in Des Moines, making long distance phone calls, or- leagues for the bipartisan outpouring Iowa in 1982. His mother has said that ganizing searchers, printing fliers, of support for H.R. 5117. Again, I want the family’s tax return was audited mailing them throughout the Nation. to express my gratitude to the gen- then in 1996 and the exemption that At the time, the Wetterlings did not tleman from Texas (Chairman ARCHER) they claimed was denied the family. fight the IRS. As Patty Wetterling for clearing this bill for the Suspension Fortunately, the IRS has resolved said, one has to pick one’s battles, and Calendar and to our House leadership this matter in the correct way and de- she was too exhausted from the other for putting it on a fast track. cided in favor of the family and simi- battles to fight the IRS. Finally, Mr. Speaker, I urge my col- larly situated families. The IRS should Mr. Speaker, these families should leagues to listen to parents of abducted be commended for acting in a timely not have to fight this battle. Congress children, parents like Patty and Jerry fashion to resolve this particular sen- needs to fight the battle for them and Wetterling. Support basic tax fairness sitive matter. The bill is narrowly tar- win it for families of abducted chil- and hope for families of missing and geted and applies only when a child is dren. abducted children. abducted by a nonfamily member. This year, the IRS had a chance to I urge, in the name of tax fairness A study by the National Center for clarify the dependency exemption for and hope, passage of H.R. 5117. Juvenile Justice, a private research H8070 CONGRESSIONAL RECORD — HOUSE September 26, 2000 group in Pittsburgh, Pennsylvania, Now comes the welcome news, as the They have made a lot of progress. But found that only 24 percent of the ab- gentleman from Minnesota reports, and as this legislation points out, there is ductions were carried out by strangers. as the gentleman from Pennsylvania still more progress that we need to With bipartisan support and the sup- (Mr. COYNE) from the other side of the make collectively, in partnership, be- port of the administration, it is appro- aisle confirms, that now the Internal tween the IRS and the legislative priate that this bill be enacted into Revenue Service has reconsidered. branch of government. law. Without question, we should all Small wonder, Mr. Speaker, that Jus- The IRS has conceded the point in support this bill and see its passage tice Brandeis called sunlight the best this bill, but the gentleman from Min- today. disinfectant. But as our attention nesota (Mr. RAMSTAD) is correct, it is Mr. Speaker, I reserve the balance of turns to other matters, the temptation important that we pass this legislation my time. for that callous group-think to over- because it is our responsibility to clar- Mr. RAMSTAD. Mr. Speaker, I yield take the Internal Revenue Service, ify the law. If there is any ambiguity myself such time as I may consume. again, I believe will be rife. on this point, we should speak very Mr. Speaker, let me thank the gen- Mr. Speaker, I need not remind my clearly for the taxpayer, because the tleman from Pennsylvania (Mr. COYNE) colleagues that we have a constitu- taxpayer is correct in this situation, for his kind words, the gentlewoman tional mandate and responsibility to understanding that the IRS is respon- from Florida (Mrs. THURMAN) and the enact law, that that law is formulated sible to interpret our laws. four other Members from his side of the in this Chamber, and signed into law at Let me make one additional point, if aisle. I want to also thank the 22 Mem- the other end of Pennsylvania Avenue I might, Mr. Speaker, and that is, as I bers from this side of the aisle who are by our Chief Executive. pointed out, there is joint responsi- co-sponsors of this bill. Let us not leave this to bureaucratic bility here between the executive and I think we prove with this legislation women or, to be charitable, to mis- the legislative branch. We assumed and that Congress can actually work in a interpretation. The stakes are too high clarified that in the IRS Restructuring bipartisan common sense way to right for families ravaged by the trauma of Act. We are now debating in conference a wrong, to pass an important legisla- losing a child. the appropriation bill that includes the tion. b 1100 IRS. And let me just make the point Mr. Speaker, may I ask how much that the IRS needs our continued sup- time is remaining. Mr. Speaker, we should put ourselves port, which includes adequate tools to The SPEAKER pro tempore (Mr. in the place of those parents, the hor- do the work we expect them to do, so HANSEN). The gentleman from Min- ror of the event, the uncertainty of the that we have less of the types of emo- nesota (Mr. RAMSTAD) has 10 minutes child’s fate, and walking down a dark- tional exchanges that occurred in this remaining. The gentleman from Penn- ened hallway past an empty room; the case. sylvania (Mr. COYNE) has 16 minutes re- daily fear and trauma that is as close There will always be problems, we maining. literally as their own home. And to know that; but let us provide the tools Mr. RAMSTAD. Mr. Speaker, I yield have this vast bureaucracy, in the that we said we would to the IRS. Let 6 minutes to the gentleman from Ari- name of compassion, take away from us make sure the appropriation bill zona (Mr. HAYWORTH), an important the treasure of that family and impose that is brought out of conference ade- member of the Committee on Ways and a penalty on that family for what can quately finances the IRS and that we Means and a cosponsor of this legisla- only be described as a horrible crime continue our oversight function. And I tion. and a horrible curse, is deplorable. want to thank the gentleman from New Mr. HAYWORTH. Mr. Speaker, I My colleagues, we have a chance York (Mr. HOUGHTON) and the gen- thank the gentleman from Minnesota today to right that wrong. The press tleman from Pennsylvania (Mr. COYNE) for yielding to me. may not write about it, the for the work they do on the Ways and Mr. Speaker, the glare of the camera punditocracy may leave it alone, but Means in oversight of the IRS. They lights is not present here. The press here is an opportunity to stand to- are doing a tremendous service to this gallery is virtually empty. Yet, today, gether to put people before politics and Nation. Mr. Speaker, with this legislation we help parents in the most horrible of sit- This legislation should pass, but we will send a signal across America that uations. Stand with us, regardless of should continue our commitment to I hope many in this town will heed. Be- partisan stripe, in the name of true support with adequate resources the cause today, with passage of this legis- compassion and common sense, and re- IRS. lation, we will reaffirm that there are ject the heartless group-think of a bu- Mr. COYNE. Mr. Speaker, I yield members of both major parties here reaucracy out of touch with the Amer- such time as she may consume to the who are willing to put people before ican public. Reaffirm our constitu- gentlewoman from New York (Mrs. politics. tional responsibilities. Mr. Speaker, we MALONEY). The gentleman from Minnesota (Mr. need to right this wrong. Mrs. MALONEY of New York. Mr. RAMSTAD) recounted it well. It is Mr. COYNE. Mr. Speaker, I yield 3 Speaker, I rise in strong support of this chilling, really, to think about the con- minutes to the gentleman from Mary- bill and congratulate the leadership on versation that occurred between the land (Mr. CARDIN), a member of the both sides of the aisle for bringing it to mother of a missing child and an em- Committee on Ways and Means. the floor for a vote today. ployee of the Federal Government, one Mr. CARDIN. Mr. Speaker, I thank The IRS made a terrible decision for charged presumably with the mission the gentleman from Pennsylvania (Mr. an aggrieved American family, and I of service to our citizenry. In asking if COYNE) for yielding me this time, and I believe every mother and father can the deduction for a dependent was still also want to thank the gentleman from identify with the sorrow that the fam- in effect, this Washington bureaucrat Minnesota (Mr. RAMSTAD) for bringing ily felt when they lost their child said, ‘‘No, we presume your child to be forward this legislation. I want to asso- through kidnapping. The child was kid- dead.’’ ciate myself with the gentleman’s en- napped and the IRS said the family Mr. Speaker, is there anyone in this tire statement, and I think each Mem- could not take a child dependent tax Chamber, no matter partisan label or ber of this body concurs in the passion benefit due to a legal interpretation of political philosophy, who believes that the gentleman has brought to this leg- support. The family merely asked if was the right thing to do? Is there any- islation. I expect and hope that it will the dependent exemption could be one who could condone that heartless receive unanimous support in this claimed in future years if the child’s act? body. room was kept intact and money was Our Founders warned us of placing Mr. Speaker, let me point out that being spent on the search for the child. overwhelming powers in the hands of a the IRS has made tremendous progress I am glad that the IRS reversed Federal bureaucracy. Individual free- over the last several years, thanks in themselves yesterday. Their first re- doms are threatened; but, more impor- large measure to the attention of this sponse was callous, to say the least. tantly, common sense is often aban- body and the leadership of Commis- The IRS should not profit or benefit doned. sioner Rossotti in leading the IRS. from a child that is missing or one that September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8071 has been abducted. But as my col- spite the fact that VAWA funding authoriza- parents to search for their children, leagues have pointed out on both sides tion expires on September 30, 2000. In rec- and to keep the hope alive that exists of the aisle, it is important that we ognition of this fact, the Senate last week when a child is missing and they do not hotlined the Biden-Hatch version of VAWA, take steps for the future so that this is S. 2787. know where that young person might not a sorrow or a problem that other H.R. 1248 reauthorizes programs created by be. families confront. the Violence Against Women Act of 1994 for This change in the form of an advi- I do not believe that there is any op- five years beyond 2000. It continues funding sory opinion means that any parent position to this bill. Everyone I know for VAWA programs such as law enforcement whose child is abducted by a person has spoken to me of their strong sup- and prosecution grants to combat violence outside the family may take the same port for it. But I would like to mention against women, the National Domestic Vio- deduction as any other parent with a a bill that will be coming up for which lence Hotline, battered women’s shelters and dependent child: $2,800. People whose services, education and training for judges there may be some opposition, and I and court personnel, pro-arrest policies, children are abducted suffer enough, believe it is the most important bill be- rural domestic violence and child abuse en- and they should not have to have the fore Congress, which has the bipartisan forcement, stalker reduction, and others. As IRS compound their suffering with support of the Women’s Caucus, and passed by the Judiciary Committee, the bill more emotional or financial burden. that is the Violence Against Women’s also authorizes funding for new programs This bill will help many parents who Act. such as civil legal assistance, transitional continue to maintain their children’s Enacted in 1994, VAWA has already housing, and a pilot program for supervised room, and maintain hope, more impor- child visitation centers. tantly, that their children will be provided crucial judicial and law en- VAWA programs have made a crucial dif- forcement training on violence against ference in the lives of domestic violence vic- found; people like C.H. and Suzy Caine, women, shelters for abused women, a tims and their families. Since the passage of whose daughter Jessica was taken national hot line that logs over 13,000 VAWA, intimate partner violence is down al- away a little over 2 years ago and they calls a month, and child abuse preven- most ten percent. Nevertheless, domestic vi- still have no clue as to where she is. tion programs that run across this olence is still too common, and each year They spend hundreds of thousands of country. about 850,000 violent crimes are committed dollars searching for their children and Two weeks ago, the Democratic lead- against women by their current or former then find themselves hit with the fact ership raised this issue directly with husbands or boyfriends. We must continue that their child cannot be claimed as a the commitment Congress made in 1994 to the President and the Republican lead- combat this violence. deduction after the first year. They are ership and sent a letter to Speaker We hope you will agree that VAWA reau- already living with a tragedy. HASTERT demanding a vote on this bill. thorization is an urgent priority, and will I ask that we support this bill and I quote from the minority leader, the therefore encourage expedited Committee re- thank the gentleman for introducing gentleman from Missouri (Mr. GEP- view and consideration by the full House as it. HARDT), in part. He said, ‘‘This is an soon as possible. Mr. COYNE. Mr. Speaker, we have no epidemic problem in this country and Sincerely, further requests for time, and I yield Richard A. Gephardt, Democratic Lead- back the balance of my time. we need to put the Federal Government er; John Conyers, Jr., Ranking Mem- behind it.’’ ber, Committee on the Judiciary; Wil- Mr. RAMSTAD. Mr. Speaker, I yield I will put his letter in the RECORD liam Clay, Ranking Member, Com- myself the balance of my time. and also mention that this is the first mittee on Education and the Work- The SPEAKER pro tempore (Mr. time that I have seen the Democratic force; John D. Dingell, Ranking Mem- HANSEN). The gentleman from Min- leadership take a women’s abuse issue ber, Committee on Commerce. nesota (Mr. RAMSTAD) has 4 minutes re- and make it a top priority for the Mr. COYNE. Mr. Speaker, I yield 2 maining. Democratic caucus. I congratulate the minutes to the gentleman from Texas Mr. RAMSTAD. Mr. Speaker, I thank leadership and the many women in this (Mr. LAMPSON), chairman of the Miss- the gentleman from Pennsylvania (Mr. body who have worked for years on this ing and Exploited Children’s Caucus in COYNE) and my friends on the other issue; my good friend, the gentlewoman the Congress. side of the aisle for their kind sup- from Maryland (Mrs. MORELLA), the Mr. LAMPSON. Mr. Speaker, I thank portive, kind comments this morning. I gentlewoman from Illinois (Mrs. the gentleman for yielding me this appreciate them. BIGGERT), and others. time, and I want to particularly start Mr. Speaker, we have a chance today Mr. Speaker, I call upon my col- out by thanking the gentleman from to prove that Congress can work in a leagues to have the same support for Minnesota (Mr. RAMSTAD) for intro- bipartisan, or as my governor, Gov- the Violence Against Women Act that ducing the Missing Children’s Fairness ernor Jesse Ventura, constantly re- we have for this correction for the Act. This is a piece of legislation that minds me, in a tripartisan timely way child deduction and the IRS. And is indeed greatly needed. to right a wrong, to respond to a hor- again, I congratulate the leadership on I was informed this morning, as the rible, horrible antifamily, cruel and both sides of the aisle on this impor- gentleman from Minnesota had stated, heartless ruling by the IRS. tant bill. that under pressure from lawmakers Now, as Mr. CARDIN stated, and I join Mr. Speaker, I include the letter I the Internal Revenue Service has re- in his remarks, this is not a blanket just referred to for the RECORD: versed a decision disqualifying parents condemnation of the IRS or all the CONGRESS OF THE UNITED STATES, from taking tax deductions for kid- good people who work there, and there Washington, DC, September 12, 2000. napped children. While I am happy to are many good people who work there. Hon. J. DENNIS HASTERT, hear that the IRS is reversing its deci- This is aimed at this particular ruling, Speaker, U.S. House of Representatives, Wash- sion, I am disheartened that it took which can only bring more pain and ington, DC. the threat of legislation passing to go devastation than the family of a miss- DEAR SPEAKER HASTERT: We write to re- this route. ing abducted child can bear. We need to quest that you bring H.R. 1248, the Violence I come from a part of Texas where right this wrong. And we have a Against Women Act of 2000 (‘‘VAWA’’) intro- there have been a significant number of chance, with an overwhelming yes vote duced by Representative Connie Morella, be- fore the full House for consideration as soon stranger abductions and deaths, par- on H.R. 5117, to bring relief to these as possible. H.R. 1248 has 224 bipartisan co- ticularly of young girls. We have had 27 families who have already suffered so sponsors and the support of domestic vio- in the last 12 years. I know the pain much. lence and sexual assault groups nationwide. and suffering that these families go I want to finally, Mr. Speaker, thank H.R. 1248 was referred to the Committee on through, and to have this other kind of again Patty Wetterling and the Jacob the Judiciary, the Committee on Education hardship tossed on them through a Wetterling Foundation for their work and the Workforce, and the Committee on thoughtless act, in my opinion, just on this legislation and all their work Commerce. The Committee on the Judiciary further complicates the effort that we throughout the year, every single day, favorably approved H.R. 1248 by a voice vote on June 27, 2000, but unfortunately, the Com- are trying our best to make here in the to help families of missing children. I mittee on Education and Workforce and the United States House of Representatives want to thank Ernie Allen, of the Cen- Committee on Commerce have failed to con- by bringing the bond of a parent and a ter for Missing and Exploited Children, sider this legislation. H.R. 1248 is stalled de- child closer, by making it easier for for the work they do. I also want to H8072 CONGRESSIONAL RECORD — HOUSE September 26, 2000 thank the gentleman from Texas (Mr. (1), the Administrator shall provide to the have been or may be committed against ARCHER), and the Speaker, the gen- parents or guardians a written notification if property under the charge and control of the tleman from Illinois (Mr. HASTERT), as any new Federal tenant is scheduled to take Administrator or against persons on such well as the majority leader, the gen- occupancy in the public building. property. ‘‘(b) NOTIFICATION OF SERIOUS THREATS TO ‘‘(3) APPROVAL OF REGULATIONS BY ATTOR- RMEY tleman from Texas (Mr. A ), for SAFETY OR SECURITY.—As soon as practicable NEY GENERAL.—The additional powers grant- putting this important legislation on a after being informed of a serious threat, as ed to police officers under paragraph (2) shall fast track. determined by the Administrator, that could become effective only after the Commis- I would also like to thank the tax affect the safety and security of children en- sioner of the Federal Protective Service staff of the Committee on Ways and rolled in a childcare facility in a public issues regulations implementing paragraph Means, particularly Chris Smith, who building under the control of the Adminis- (2) and the Attorney General of the United has worked hard on this legislation; trator, the Administrator shall provide no- States approves such regulations. my staff, particularly Dean Peterson tice of the threat to the parents or guardians ‘‘(4) AUTHORITY OUTSIDE FEDERAL PROP- of each child in the facility. ERTY.—The Administrator may enter into and Karin Hope, my tax counsel on the ‘‘(c) REPORT TO CONGRESS.— agreements with State and local govern- Committee on Ways and Means, who ‘‘(1) IN GENERAL.—Not later than 1 year ments to obtain authority for police officers have worked late nights getting this after the date of enactment of this section, appointed under this section to exercise, con- bill ready for today. the Administrator shall transmit to Con- currently with State and local law enforce- This has been a team effort. Again, gress a comprehensive report on childcare fa- ment authorities, the powers granted to such we have proven that we can work to- cilities in public buildings under the control officers under this section in areas adjacent gether and join hands for an important of the Administrator. to property owned or occupied by the United bill on behalf of the American people. ‘‘(2) CONTENTS.—The report to be trans- States and under the charge and control of mitted under paragraph (1) shall include— the Administrator.’’; and Mr. Speaker, I have no further re- ‘‘(A) an identification and description of (2) by moving the left margin of paragraph quests for time, and I yield back the each childcare facility located in a public (1) (as designated by section 202(4) of this balance of my time. building under the control of the Adminis- Act) so as to appropriately align with para- The SPEAKER pro tempore. The trator; and graphs (2), (3), and (4) (as added by paragraph question is on the motion offered by ‘‘(B) an assessment of the level of safety (1) of this subsection). the gentleman from Minnesota (Mr. and security of children enrolled in the SEC. 204. PENALTIES. RAMSTAD) that the House suspend the childcare facility and recommendations on Section 4(a) of the Act of June 1, 1948 (40 rules and pass the bill, H.R. 5117, as methods for enhancing that safety and secu- U.S.C. 318c(a)), is amended to read as follows: rity. amended. ‘‘(a) IN GENERAL.—Except as provided in ‘‘(3) WINDOWS AND INTERIOR FURNISHINGS.— The question was taken. subsection (b), whoever violates any rule or In conducting an assessment of a childcare regulation promulgated pursuant to section Mr. RAMSTAD. Mr. Speaker, on that facility under paragraph (2)(B), the Adminis- 2 shall be fined or imprisoned, or both, in an I demand the yeas and nays. trator shall examine the windows and inte- amount not to exceed the maximum amount The yeas and nays were ordered. rior furnishings of the facility to determine provided for a Class C misdemeanor under The SPEAKER pro tempore. Pursu- whether adequate protective measures have sections 3571 and 3581 of title 18, United ant to clause 8 of rule XX and the been implemented to protect children in the States Code.’’. Chair’s prior announcement, further facility against the dangers associated with SEC. 205. SPECIAL AGENTS. proceedings on this motion will be windows and interior furnishings in the Section 5 of the Act of June 1, 1948 (40 event of a natural disaster or terrorist at- postponed. U.S.C. 318d), is amended— tack, including the deadly effect of flying (1) by striking ‘‘nonuniformed special po- f glass.’’. licemen’’ each place it appears and inserting BAYLEE’S LAW TITLE II—FEDERAL PROTECTIVE SERVICE ‘‘special agents’’; REFORM (2) by striking ‘‘special policeman’’ and in- Mr. LATOURETTE. Mr. Speaker, I serting ‘‘special agent’’; and move to suspend the rules and pass the SEC. 201. SHORT TITLE. This title may be cited as the ‘‘Federal (3) by adding at the end the following: bill (4519) to amend the Public Build- Protective Service Reform Act of 2000’’. ‘‘Any such special agent while on duty shall ings Act of 1959 concerning the safety have the same authority outside Federal SEC. 202. DESIGNATION OF POLICE OFFICERS. property as police officers have under sec- and security of children enrolled in The Act of June 1, 1948 (40 U.S.C. 318–318d), tion 1(b)(4).’’. childcare facilities located in public is amended— buildings under the control of the Gen- (1) in section 1 by striking the section SEC. 206. ESTABLISHMENT OF FEDERAL PROTEC- TIVE SERVICE. eral Services Administration, as heading and inserting the following: (a) IN GENERAL.—The Act of June 1, 1948 (40 amended. ‘‘SECTION 1. POLICE OFFICERS.’’; U.S.C. 318–318d), is amended by adding at the The Clerk read as follows: (2) in sections 1 and 3 by striking ‘‘special end the following: H.R. 4519 policemen’’ each place it appears and insert- ‘‘SEC. 6. ESTABLISHMENT OF FEDERAL PROTEC- ing ‘‘police officers’’; Be it enacted by the Senate and House of Rep- TIVE SERVICE. (3) in section 1(a) by striking ‘‘uniformed resentatives of the United States of America in ‘‘(a) IN GENERAL.—The Administrator of guards’’ and inserting ‘‘certain employees’’; Congress assembled, General Services shall establish the Federal and TITLE I—BAYLEE’S LAW Protective Service as a separate operating (4) in section 1(b) by striking ‘‘Special po- service of the General Services Administra- SEC. 101. SHORT TITLE. licemen’’ and inserting the following: tion. This title may be cited as ‘‘Baylee’s Law’’. ‘‘(1) IN GENERAL.—Police officers’’. ‘‘(b) APPOINTMENT OF COMMISSIONER.— SEC. 102. SAFETY AND SECURITY OF CHILDREN SEC. 203. POWERS. ‘‘(1) IN GENERAL.—The Federal Protective IN CHILDCARE FACILITIES. Section 1(b) of the Act of June 1, 1948 (40 Service shall be headed by a Commissioner The Public Buildings Act of 1959 (40 U.S.C. U.S.C. 318(b)), is further amended— who shall be appointed by and report di- 601 et seq.) is amended by adding at the end (1) by adding at the end the following: rectly to the Administrator. the following: ‘‘(2) ADDITIONAL POWERS.—Subject to para- ‘‘(2) QUALIFICATIONS.—The Commissioner ‘‘SEC. 22. SAFETY AND SECURITY OF CHILDREN graph (3), a police officer appointed under shall be appointed from among individuals IN CHILDCARE FACILITIES. this section is authorized while on duty— who have at least 5 years of professional law ‘‘(a) WRITTEN NOTICE TO PARENTS OR ‘‘(A) to carry firearms in any State, the enforcement experience in a command or su- GUARDIANS.— District of Columbia, the Commonwealth of pervisory position. ‘‘(1) INITIAL NOTIFICATION.—Before the en- Puerto Rico, or any territory or possession ‘‘(c) DUTIES OF THE COMMISSIONER.—The rollment of any child in a childcare facility of the United States; Commissioner shall— located in a public building under the con- ‘‘(B) to petition Federal courts for arrest ‘‘(1) assist the Administrator in carrying trol of the Administrator, the Administrator and search warrants and to execute such out the duties of the Administrator under shall provide to the parents or guardians of warrants; this Act; the child a written notification containing— ‘‘(C) to arrest an individual without a war- ‘‘(2) except as otherwise provided by law, ‘‘(A) an identification of the current ten- rant if the individual commits a crime in the serve as the law enforcement officer and se- ants in the public building; and officer’s presence or if the officer has prob- curity official of the United States with re- ‘‘(B) the designation of the level of secu- able cause to believe that the individual has spect to the protection of Federal officers rity of the public building. committed a crime or is committing a crime; and employees in buildings and areas that ‘‘(2) NOTIFICATION OF NEW TENANTS.—After and are owned or occupied by the United States providing a written notification to the par- ‘‘(D) to conduct investigations, on and off and under the charge and control of the Ad- ents or guardians of a child under paragraph the property in question, of offenses that ministrator (other than buildings and areas September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8073 that are secured by the United States Secret Administrative Services Act of 1949 (40 I support this important measure, Service); U.S.C. 490(f)) such sums as may be necessary Mr. Speaker, and urge my colleagues to ‘‘(3) render necessary assistance, as deter- to carry out this Act.’’. support it. mined by the Administrator, to other Fed- The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of eral, State, and local law enforcement agen- ant to the rule, the gentleman from my time. cies upon request; and Mr. TRAFICANT. Mr. Speaker, I ‘‘(4) coordinate the activities of the Com- Ohio (Mr. LATOURETTE) and the gen- missioner with the activities of the Commis- tleman from Ohio (Mr. TRAFICANT) yield myself such time as I may con- sioner of the Public Buildings Service. each will control 20 minutes. sume. Nothing in this subsection may be construed The Chair recognizes the gentleman Mr. Speaker, I want to echo the com- to supersede or otherwise affect the duties from Ohio (Mr. LATOURETTE). ments of my good friend and neighbor the gentleman from Ohio (Mr. and responsibilities of the United States Se- b 1115 cret Service under sections 1752 and 3056 of LATOURETTE) on his statement rel- title 18, United States Code. Mr. LATOURETTE. Mr. Speaker, I evant to this issue. I would like to ‘‘(d) APPOINTMENT OF REGIONAL DIRECTORS yield myself such time as I may con- commend the chairman of the sub- AND ASSISTANT COMMISSIONERS.— sume. committee the gentleman from New ‘‘(1) IN GENERAL.—The Commissioner may Mr. Speaker, H.R. 4519 amends the Jersey (Mr. FRANKS) for his work. appoint regional directors and assistant Public Buildings Act of 1959. There are Rather than read my prepared state- commissioners of the Federal Protective ment that would reflect many of the Service. currently 113 child care centers and ‘‘(2) QUALIFICATIONS.—The Commissioner GSA controlled facilities serving al- statistics and documentation that the shall select individuals for appointments most 8,000 children throughout the gentleman from Ohio (Mr. under paragraph (1) from among individuals United States. LATOURETTE) did such a fine job of who have at least 5 years of direct law en- H.R. 4519 was introduced by my col- doing, I would like to talk about the forcement experience, including at least 2 league and the chairman of our sub- genesis of this matter, Mr. Speaker. years in a supervisory position.’’. committee, the gentleman from New When the Alfred P. Murrah Building (b) PAY LEVEL OF COMMISSIONER.—Section Jersey (Mr. FRANKS). I would like to in- was bombed, I would like to say that 5316 of title 5, United States Code, is amend- sert in the RECORD at this point in time our committee took a very serious look ed by inserting after the paragraph relating at security and there were a number of to the Commissioner of the Public Buildings that the gentleman from New Jersey Service the following: (Mr. FRANKS) is not only very proud of bills that were presented; and certainly ‘‘Commissioner, Federal Protective Serv- this legislation, the gentleman has this bill is one of those that leads to ice, General Services Administration.’’. been the leading light in making sure that sensitive nature of our committee SEC. 207. PAY AND BENEFITS. that this legislation came to the floor; to address those security issues. The Act of June 1, 1948 (40 U.S.C. 318–318d), and but for the pea soup that now en- In addition, and also for information is further amended by adding at the end the velops Washington, he would be here for the House, the other body will be following: controlling the time on this bill. holding a hearing on H.R. 809, a bill ‘‘SEC. 7. PAY AND BENEFITS. Mr. Speaker, this bill instructs the that I sponsored that would reform the ‘‘(a) SURVEY.—The Director of the Office of General Services Administration to in- Federal Protective Service. Personnel Management shall conduct a sur- So the gentleman from New Jersey form parents or guardians of children vey of the pay and benefits of all Federal po- (Mr. FRANKS), as chairman of the com- attending a child care center located in lice forces to determine whether there are mittee, in this companion bill now a GSA-controlled building of the cur- disparities between the pay and benefit of takes a look at child care, security, no- such forces that are not commensurate with rent Federal agency tenants in that tices, we also look at changing the se- differences in duties or working conditions. building. This important information ‘‘(b) REPORT.—Not later than 12 months curity format and to make sure that is something that the parents of chil- our Federal buildings are more secure. after the date of enactment of this section, dren enrolled in the Alfred P. Murrah the Director shall transmit to Congress a re- Let me just remind Congress that, at port containing the results of the survey Federal Building in Oklahoma City, the time of the incident in Oklahoma, conducted under subsection (a), together Oklahoma, in 1995 were not aware of. the great tragedy in Oklahoma City, with the Director’s findings and rec- This legislation in itself will not pre- there were three Federal buildings ommendations.’’. vent senseless acts of violence. It will, being guarded by one security guard SEC. 208. NUMBER OF POLICE OFFICERS. however, allow parents to be better in- who was a contract worker. And that is (a) IN GENERAL.—The Act of June 1, 1948 (40 formed when choosing a child care cen- not to demean contract workers, but U.S.C. 318–318d), is further amended by add- ter for their children. that is to show how we had taken for ing at the end the following: This bill also requires the GSA to in- granted the security of our Federal ‘‘SEC. 8. NUMBER OF POLICE OFFICERS. form parents with children enrolled in buildings. ‘‘After the 1-year period beginning on the child care centers of the level of secu- So I want to compliment the gen- date of enactment of this section, there shall rity of the building, which is to be con- be at least 730 full-time equivalent police of- tleman from New Jersey (Chairman ficers in the Federal Protective Service. This sistent with the Vulnerability Assess- FRANKS). I want to compliment the number shall not be reduced unless specifi- ment and recommendations from the gentleman from Pennsylvania (Chair- cally authorized by law.’’. study made by the Department of Jus- man SHUSTER); the gentleman from SEC. 209. EMPLOYMENT STANDARDS AND TRAIN- tice. Minnesota (Mr. OBERSTAR), the ranking ING. Other provisions included in the bill member; the gentleman from Ohio (Mr. The Act of June 1, 1948 (40 U.S.C. 318–318d), require GSA to report to Congress with LATOURETTE), and others who have is further amended by adding at the end the recommendations for increasing safety helped to make this particular bill following: and security and to assess windows and available on the floor today; and the ‘‘SEC. 9. EMPLOYMENT STANDARDS AND TRAIN- the dangers of flying glass hazards in ING. ranking member of this committee, the ‘‘The Commissioner of the Federal Protec- GSA-controlled child care centers. gentleman from West Virginia (Mr. tive Service shall prescribe minimum stand- The bill’s short title, ‘‘Baylee’s WISE), who is not here today. ards of suitability for employment to be ap- Law,’’ is named after Baylee Almon, a Mr. Speaker, I rise in support of H.R. 4519, plied in the contracting of security personnel 1-year-old killed while attending the a bill to require the Administrator of the Gen- for buildings and areas that are owned or oc- child care center located in the Alfred eral Services Administration [GSA] to provide cupied by the United States and under the P. Murrah Federal Building in Okla- to parents enrolling children in childcare pro- control and charge of the Administrator of homa City at the time of its bombing grams in public buildings under the control of General Services.’’. in 1995. GSA the following information: first, the current SEC. 210. AUTHORIZATION OF APPROPRIATIONS. Aren Almon-Kok, Baylee’s mother, The Act of June 1, 1948 (40 U.S.C. 318–318d), tenants in the building, and second, a des- is further amended by adding at the end the has focused her energies toward cre- ignation of the level of security in the building. following: ating a foundation that works to make In addition the bill requires the Administrator ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. people aware of the dangers of flying of GSA to notify parents of serious threats to ‘‘There is authorized to be appropriated glass and to also make child care cen- the building. H.R. 4519 also requires that GSA from the Federal Buildings Fund established ters throughout the United States report to Congress on its childcare facilities in- by section 210(f) of the Federal Property and safer for children to attend. cluding an identification and description of H8074 CONGRESSIONAL RECORD — HOUSE September 26, 2000 each childcare facility, and an assessment of Congress, was over the loading dock I notice now that the chairman of the security at each facility. Finally, the bill re- down there in downtown Cleveland. our subcommittee is here. Before I quires, in determining the security assess- We all remember how the explosives close, I want to compliment him on his ment, the Administrator shall examine win- were delivered to the Alfred P. Murrah work with law enforcement and with dows and interior furnishings to determine if Federal Building in Oklahoma City in security. And this bill, as I have stated adequate measures are in place to protect the a truck. One of the wonderful things earlier, is a good companion bill to children from flying glass and objects in the that the gentleman from New Jersey H.R. 809. There is no reason why in event of a natural disaster or terrorist attack. (Mr. FRANKS) has done by proposing Cleveland, Ohio, a child care center Since 1985 the Federal Government has this legislation and one of the good should be built over a loading dock. If been actively involved in providing childcare things that will happen when the Con- it were not for the gentleman from services for Federal employees. Through GSA gress passes this legislation is this Vul- Ohio (Mr. LATOURETTE) and others, we licensing agreements GSA provides guidance, nerability Assessment. might not have that opportunity to assistance, and oversight to Federal agencies When parents who send their children question it. But this legislation would for the development of childcare centers. Total to child care centers in Federal build- prohibit that, and I commend him. enrollment is approximately 7,865 children ings, not only when they have the op- Mr. LATOURETTE. Mr. Speaker, I ranging in age from infants to 6 years. Eighty- portunity to know whether or not the want to thank my loquacious friend, four percent are enrolled full time at childcare Internal Revenue Service is located the gentleman from Ohio (Mr. TRAFI- centers, with the greatest number of children within the building, the Federal Bu- CANT) for his comments. in the infant care age group. reau of Investigation, the CIA, or who- Mr. Speaker, I ask unanimous con- Due to the increasing awareness of the ever may be a tenant in the building, sent that the balance of my time be threats to Federal buildings the committee in- they will also have the opportunity to yielded to the chairman of our sub- corporated its long-standing interest in public know where that facility is located and committee, the gentleman from New safety into a review of the childcare program. what the risk is of a truck being deliv- Jersey (Mr. FRANKS) to dispense as he In order for a parent to make an informed de- ered to a loading dock in a situation sees fit. cision regarding enrolling a child in particular that could present quite a danger to The SPEAKER pro tempore (Mr. HANSEN). Is there objection to the re- center the subcommittee reported H.R. 4519, their youngsters. So this is a good bill, not only from quest of the gentleman from Ohio? which requires GSA to provide certain security that standpoint, but as I mentioned There was no objection. information to potential parents. during my earlier remarks, Mrs. Mr. FRANKS of New Jersey. Mr. Mr. Speaker, the committee has a long tra- Speaker, I yield myself such time as I dition of supporting all measures that would in- Almon-Kok has spent a considerable period of time working on the hazards may consume. crease security in Federal buildings. In addi- of flying glass, and this is going to Mr. Speaker, 5 years have passed tion to this bill, I have a bill, H.R. 809, pending have implications not only for what since 168 Americans, including 19 chil- in the Senate Environment and Public Works happens at child care centers at GSA- dren, lost their lives in the bombing of Committee that would make the Federal Pro- controlled structures, but I think it is the Murrah Federal Building in Okla- tective Service an independent entity within going to have long-standing con- homa City. But the image of the life- the GSA. After holding several hearings and sequences for centers not in GSA con- less body of little Baylee Almon being receiving testimony from a variety of witnesses trol where children may be located for carried from that building in the arms including the GSA Office of Inspector General, a period of time. of an Oklahoma City fireman is one the committee decided the current manage- Mr. TRAFICANT. Mr. Speaker, will that still haunts us all. ment structure, which has the protective serv- the gentleman yield? Over the past months, as we have ice as part of the real estate program, is not Mr. LATOURETTE. I yield to the worked to get this important legisla- the best way to provide a high level, profes- gentleman from Ohio. tion to the floor, I have had the good sional protection program. Under the current Mr. TRAFICANT. Mr. Speaker, one fortune to get to work with and know arrangement there are serious issues involving of the things in H.R. 809 that I think is Mrs. Aren Almon-Kok. Aren was command and control of Federal protective of- very important as a companion bill Baylee Almon’s mother. ficers. My bill would enhance security, and now to this piece of legislation is the Like most parents, Aren assumed along with this bill, would ensure the highest Federal Protective Services, after the that when she dropped her daughter off levels of security are available for the employ- Alfred P. Murrah tragedy, had rec- at the Federal building in Oklahoma ees and the public who use Federal buildings. ommended that there would be no more City every morning, Baylee would be Mr. Speaker, I support H.R. 4519 and urge child care centers near loading docks perfectly safe. After all, the building its adoption. or loading dock areas. was located in an area with security Mr. Speaker, I yield back the balance Quite frankly, looking at the bureau- guards and other enhanced safety fea- of my time. cratic side of this, the Public Buildings tures that we do not find in most pri- Mr. LATOURETTE. Mr. Speaker, I Service, which really has the control vate buildings. yield myself such time as I may con- over the law enforcement, did not take But as she recounted for me the sume. that with great regard, as evidenced by events of that horrendous day in April Mr. Speaker, I just want to make an the statement of my friend from that 5 years ago, Aren revealed a chilling observation, a real-life example that which occurred up there in Cleveland. fact. She had no idea that the building touches the State that the gentleman So if we are to take a look at now the that provided day-care services for her from Ohio (Mr. TRAFICANT) and I share whole situation, with one contract child housed a variety of Federal agen- and show why the Franks bill is going guard guarding three facilities, there cies that are often the target of ter- to be so important. was a major tragedy, then the Federal rorist threats, including the Bureau of We have a Federal building located in Protective Service recommended to the Alcohol, Tobacco and Firearms, as well Cleveland, Ohio, and it has one of the Public Buildings Service, who is a real as the FBI. 113 child care centers located within it. estate arm, do not put child care facili- Neither the General Services Admin- Our committee has a rule that, and I ties near loading docks, now we have in istration, which oversees the building, believe the threshold is $1.8 million, if Cleveland, Ohio, a disregard for the nor the child care center had ever in- the GSA wants to engage in a remod- Federal Protective Services’ bit of rec- formed the parents about high-profile eling program over $1.8 million, they ommendation, if you will, relative to law enforcement agencies being housed need to come before the Congress and that whole area. in that building or any other security get the consent of Congress. Let me just say this: I think it is risks involved in that building. The folks in Cleveland, Ohio, worked very important that this bill not only In fact, the commissioner of Public very hard to be under that $1.8 million be passed but that H.R. 809 be passed by Buildings Service, Mr. Robert Peck, threshold so that they could construct the other body, for the following rea- admitted that GSA does not notify par- a child care center within the Federal son: Law enforcement issues should not ents or other occupants of the building building in Cleveland, Ohio. Their pro- be determined by real estate agents. about the potential safety concerns posed site, in order to come in under They should be determined by law en- that residents in that building may be this limit to avoid the scrutiny of the forcement personnel. exposed to. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8075 The Commissioner stated that if par- HOUSE OF REPRESENTATIVES, COM- The title of the bill was amended so ents are concerned about this issue, MITTEE ON GOVERNMENT REFORM, as to read: Washington, DC, September 19, 2000. they should look at the building direc- ‘‘A bill to amend the Public Buildings Act Hon. BUD SHUSTER, tor. of 1959 concerning the safety and security of Chairman, Committee on Transportation and children enrolled in childcare facilities lo- That response, Mr. Speaker, is sim- Infrastructure, House of Representatives, cated in public buildings under the control of ply not acceptable. Washington, DC. the General Services Administration, to pro- Parents deserve to know all the facts DEAR MR. CHAIRMAN: In response to your request and in the interest of expediting vide for reform of the Federal Protective that could impact their children’s safe- Floor consideration of the bill, the Com- Service, and for other purposes.’’ ty and security before they decide to mittee will not exercise its jurisdiction over A motion to reconsider was laid on enroll their child in a particular day- H.R. 4519—Baylee’s Law. The bill amends the the table. care center located in a Federal build- Public Buildings Act of 1959 concerning pub- f ing. lic safety and security of children enrolled in childcare facilities located in public build- GENERAL LEAVE We have before us today Baylee’s ings under the control of the General Serv- Law. It will require the General Serv- ices Administration. Mr. FRANKS of New Jersey. Mr. ices Administration to affirmatively As you know, House Rules grant the Com- Speaker, I ask unanimous consent that reach out to parents who place their mittee on Government Reform wide jurisdic- all Members may have 5 legislative child in Federal day-care centers and tion regarding the overall economy, effi- days within which to revise and extend provide them with written information ciency and management of government oper- their remarks and to include extra- ations and activities. This action should not, about the other tenants of the building neous material on H.R. 4519. however, be construed as waiving the Com- The SPEAKER pro tempore. Is there and the security designation of that mittee’s jurisdiction over future legislation building. of a similar nature. I would also request that objection to the request of the gen- GSA would also be required to notify members of the Government Reform Com- tleman from New Jersey? There was no objection. parents of any new tenants that move mittee be appointed as conferees if a con- ference committee is appointed. f into the building when the new tenant I look forward to working with you on this could increase the safety threat to the and other issues throughout the remainder APOLLO EXPLORATION AWARD facility. of the 106th Congress. ACT OF 1999 In the event that the GSA receives Sincerely, Mr. SENSENBRENNER. Mr. Speak- information about a serious threat DAN BURTON, Chairman. er, I move to suspend the rules and that could jeopardize the safety of chil- pass the bill (H.R. 2572) to direct the Mr. OBERSTAR. Mr. Speaker, I commend dren in a day-care center, parents are Administrator of NASA to design and Economic Development Subcommittee Chair- to be notified immediately. present an award to the Apollo astro- man FRANKS for his interest in safety at nauts. Mr. Speaker, this important legisla- childcare centers, and especially his interest in The Clerk read as follows: tion can provide a new level of protec- stopping the terrible destruction and injury tion for the 7,600 children who are now caused by flying glass. H.R. 2572 being cared for at day-care centers lo- The General Services Administration (GSA) Be it enacted by the Senate and House of Rep- cated in 114 Federal buildings across childcare program is a very successful pro- resentatives of the United States of America in the country. gram, with 85 percent of its childcare centers Congress assembled, Mr. Speaker, I want to thank our accredited by the National Association for the SECTION 1. SHORT TITLE. subcommittee staff, Matt Wallen and Education of Young Children. Approximately This Act may be cited as the ‘‘Apollo Ex- ploration Award Act of 1999’’. Susan Britta for their fine work; and I 7,000 youngsters, ranging in age from infancy SEC. 2. FINDINGS. urge all of my colleagues to support to 5 years old, are enrolled in GSA childcare Congress makes the following findings: this important piece of legislation. centers located in 113 Federal facilities across (1) On July 20, 1969, Neil A. Armstrong and Mr. Speaker, I submit the following ex- the country. Edwin E. ‘‘Buzz’’ Aldrin Jr., became the first change of letters for the RECORD. H.R. 4519 will ensure that parents of chil- humans to set foot on another celestial body, dren in GSA childcare centers have the best HOUSE OF REPRESENTATIVES, COM- during the Apollo 11 mission, accompanied in MITTEE ON TRANSPORTATION AND available information regarding the tenants at lunar orbit by Michael Collins. INFRASTRUCTURE, these Federal facilities. H.R. 4519 instructs (2) Between 1969 and 1972, ten other Ameri- Washington, DC, September 19, 2000. GSA to notify parents before they enroll their cans courageously completed the first Hon. DAN BURTON, children in a childcare center located in a Fed- human exploration of the lunar surface, ac- Chairman, Committee on Government Reform, eral building of the current Federal agencies companied by five command module pilots: Washington, DC. (A) Apollo 12—Charles J. ‘‘Pete’’ Conrad occupying the building and the level of secu- Jr., Alan L. Bean, and Richard F. Gordon Jr. DEAR MR. CHAIRMAN, Next week the House rity of that particular Federal building. It also (B) Apollo 14—Alan B. Shepard Jr., Edgar may consider H.R. 4519, ‘‘Baylee’s Law.’’ requires GSA to notify parents of any change D. Mitchell, and Stuart A. Roosa. While H.R. 4519 primarily contains provi- in the Federal tenants in the building. This bill (C) Apollo 15—David R. Scott, James B. sions related to matters solely in the juris- will ensure that this information is readily avail- Irwin, and Alfred M. Worden. diction of the Committee on Transportation (D) Apollo 16—John W. Young, Charles M. and Infrastructure, I recognize that certain able to parents. Duke Jr., and Thomas K. Mattingly II. provisions in the bill regarding the General The short title for this bill is ``Baylee's Law''. (E) Apollo 17—Eugene A. Cernan, Ronald E. Services Administration’s policies con- It is named for Baylee Almon, a one-year-old Evans, and Harrison H. Schmitt. cerning childcare facilities located in public child attending the childcare center located in (3) In April 1970, James A. Lovell Jr., John buildings are under the jurisdiction of the the Murrah Federal Building in Oklahoma City L. Swigert Jr., and Fred W. Haise Jr., val- Committee on Government Reform. at the bombing in 1995. She and fourteen iantly made a safe return from the Moon on I agree that allowing this bill to go for- other small children were killed in that tragic the Apollo 13 mission, after their command ward in no way impairs upon your jurisdic- incident. module was disabled by an explosion. tion over these provisions, and I would be I urge all Members to support this bill. (4) The enormous successes of the Apollo pleased to place this letter and any response Mr. FRANKS of New Jersey. Mr. lunar landing missions were only possible you may have in the Congressional Record Speaker, I yield back the balance of due to the pioneering work of the previous during our deliberations on this bill. In addi- my time. Apollo missions, which performed critical tion, if a conference is necessary on this bill, The SPEAKER pro tempore. The testing of the spacecraft and methods, and I would support any request to have the question is on the motion offered by conducted the first human travel to the Committee on Government Reform be rep- the gentleman from Ohio (Mr. Moon: resented on the conference with respect to (A) Apollo 7—Walter M. Schirra Jr., Donn the matters in question. LATOURETTE) that the House suspend the rules and pass the bill, H.R. 4519, as F. Eisele, and R. Walter Cunningham. I look forward to passing this bill on the (B) Apollo 8—Frank Borman, James A. Floor soon and thank you for your assist- amended. Lovell Jr., and William A. Anders. ance. The question was taken; and (two- (C) Apollo 9—James A. McDivitt, David R. Sincerely, thirds having voted in favor thereof) Scott, and Russell L. Schweickart. BUD SHUSTER, the rules were suspended and the bill, (D) Apollo 10—Thomas P. Stafford, John Chairman. as amended, was passed. W. Young, and Eugene A. Cernan. H8076 CONGRESSIONAL RECORD — HOUSE September 26, 2000 (5) In January 1967, astronauts Virgil I. SEC. 5. PROHIBITION ON PROFIT. b 1130 Grissom, Edward H. White, and Roger B. No person may use an award presented It recognizes and commemorates Chaffee lost their lives in a tragic fire in the under this Act for monetary gain or profit. their bravery, substantial scientific command module while testing the space- SEC. 6. TRANSFER OF AWARD. craft which would have carried them on the and technical achievements, and (a) IN GENERAL.—Notwithstanding any unique contributions to American and first manned Apollo mission. other provision of law, ownership interest in (6) Since the time of the Apollo program, an award presented under this Act may not world history. the program’s astronauts have promoted be— I would like to note that these tre- space exploration and human endeavor by (1) sold, traded, bartered, or exchanged for mendous accomplishments were only sharing their experiences with the American anything of value; or possible due to the ingenuity, dili- people and the world, stimulating the imagi- (2) otherwise transferred, other than to a gence, and determination of the men nation and the belief that any goal can be family member of the original recipient of and women of NASA and the aerospace achieved. the award or by inheritance. community who made the Apollo pro- (7) Sadly, astronauts John L. Swigert Jr., (b) EXCEPTION FOR PUBLIC DISPLAY.—The Donn F. Eisele, Ronald E. Evans, James B. gram a success. I only wish it were pos- prohibition in subsection (a) does not apply sible to recognize each and every one of Irwin, Stuart A. Roosa, Alan B. Shepard Jr., to a transfer to a museum or nonprofit orga- and Charles J. ‘‘Pete’’ Conrad Jr., have died nization for the purpose of public display. these men and women for their con- since completing their missions. (c) REVERSION.—Ownership of an award tributions to the program as well. SEC. 3. SENSE OF CONGRESS. presented under this Act reverts to the Ad- Since the time of the Apollo pro- It is the sense of Congress that the Amer- ministrator if— gram, the astronauts have promoted ican people should provide a fitting and tan- (1) no person inherits the award after the space exploration and scientific excel- gible tribute to each of the astronauts of the death of its owner; or lence by sharing their experiences with Apollo program, to recognize and commemo- (2) the award is not being displayed pub- the American people and the world, rate their bravery, substantial scientific and licly under subsection (b). stimulating the imagination and the technical accomplishments, and unique con- SEC. 7. RECALL OF LUNAR MATERIAL. tributions to American and world history. belief that any goal can be achieved. I (a) IN GENERAL.—The Administrator may believe these contributions need to be SEC. 4. APOLLO EXPLORATION AWARD. recall a lunar sample contained in an award recognized. (a) IN GENERAL.—The Administrator of the presented under this Act if the Adminis- National Aeronautics and Space Administra- I urge my colleagues to support this trator determines that the particular lunar legislation. tion (hereinafter in this Act referred to as sample is required for scientific purposes. the ‘‘Administrator’’) shall design and Mr. Speaker, I reserve the balance of (b) PROMPT RETURN.—The Administrator present an appropriate award, to be named my time. shall promptly return a lunar sample re- Mr. HALL of Texas. Mr. Speaker, I the ‘‘Apollo Exploration Award’’, commemo- called under subsection (a) to its owner when rating the accomplishments of the astro- such sample is no longer required for sci- yield myself such time as I may con- nauts who flew in the Apollo program. entific purposes. sume. (b) DESIGN.—The Administrator shall en- (c) REPLACEMENT.—The Administrator may (Mr. HALL of Texas asked and was sure that the Apollo Exploration Award shall replace a lunar sample recalled under sub- given permission to revise and extend have the following characteristics: section (a) with a substantially equivalent his remarks.) (1) A lunar rock sample shall be the central lunar sample if the Administrator deter- Mr. HALL of Texas. Mr. Speaker, I feature of the award. mines that such recalled lunar sample will (2) The design of the award shall permit want to speak in support of H.R. 2572, not be promptly returned in its entirety and the Apollo Exploration Award Act. I free access to and removal of the lunar sam- without substantial degradation. ple by the award recipient. think the chairman has done a very (c) PRESENTATION.—The Administrator The SPEAKER pro tempore. Pursu- good job of ushering this bill to this shall present one award created under this ant to the rule, the gentleman from stage and of explaining the bill here, so Act to each of the following Apollo astro- Wisconsin (Mr. SENSENBRENNER) and I will be rather brief. nauts, or if such person is deceased, to his the gentleman from Texas (Mr. HALL) I think the bill recognizes a very im- closest living family member or heir (as de- each will control 20 minutes. portant chapter in our Nation’s space termined by the Administrator): The Chair recognizes the gentleman program, the Apollo Moon landing (1) Buzz Aldrin (formerly known as Edwin project that we were all so very proud E. Aldrin Jr.) of Apollo 11. from Wisconsin (Mr. SENSENBRENNER). (2) William A. Anders of Apollo 8. GENERAL LEAVE of. And it honors the contributions of (3) Neil A. Armstrong of Apollo 11. Mr. SENSENBRENNER. Mr. Speak- those very brave space explorers, the (4) Alan L. Bean of Apollo 12. er, I ask unanimous consent that all Apollo astronauts, who helped human- (5) Frank Borman of Apollo 8. Members may have 5 legislative days ity to achieve the dream of finally set- (6) Eugene A. Cernan of Apollo 10 and Apol- within which to revise and extend their ting foot on the Moon. lo 17. It is hard to believe that more than 3 remarks on H.R. 2572. (7) Roger B. Chafee of Apollo 1. decades have passed since Neil Arm- The SPEAKER pro tempore. Is there (8) Michael Collins of Apollo 11. strong and Buzz Aldrin first stepped objection to the request of the gen- (9) Charles J. ‘‘Pete’’ Conrad Jr. of Apollo out onto the lunar surface while Mike 12. tleman from Wisconsin? Collins orbited overhead. (10) R. Walter Cunningham of Apollo 7. There was no objection. (11) Charles M. Duke Jr. of Apollo 16. Their accomplishments and those of Mr. SENSENBRENNER. Mr. Speak- the Apollo astronauts who followed (12) Donn F. Eisele of Apollo 7. er, I yield myself such time as I may (13) Ronald E. Evans of Apollo 17. them made all of us proud to be Ameri- (14) Richard F. Gordon Jr. of Apollo 12. consume. cans. And so it is fitting that we honor (15) Virgil I. Grissom of Apollo 1. (Mr. SENSENBRENNER asked and them with this award. (16) Fred W. Haise Jr. of Apollo 13. was given permission to revise and ex- It is also fitting that we honor the (17) James B. Irwin of Apollo 15. tend his remarks.) brave astronauts who preceded them in (18) James A. Lovell Jr. of Apollo 8 and Mr. SENSENBRENNER. Mr. Speak- the missions that helped prepare for Apollo 13. er, I would like to thank my colleague that first Moon landing. In that proc- (19) Thomas K. Mattingly II of Apollo 16. the gentleman from Indiana (Mr. ess we especially need to remember the (20) James A. McDivitt of Apollo 9. SOUDER) for sponsoring this bill, which (21) Edgar D. Mitchell of Apollo 14. three heroes, Virgil ‘‘Gus’’ Grissom, (22) Stuart A. Roosa of Apollo 14. he introduced on the 30th anniversary Edward White, and Roger Chaffee, who (23) Walter M. Schirra Jr. of Apollo 7. of the Apollo 11 landing on the moon lost their lives in the tragic Apollo 1 (24) Harrison H. Schmitt of Apollo 17. last year. fire back in 1967. They made the ulti- (25) Russell L. Schweickart of Apollo 9. The enormous success of the Apollo mate sacrifice to help push back the (26) David R. Scott of Apollo 9 and Apollo program clearly stands as a watershed frontier, and I am glad that this bill 15. event in American history and one of recognizes their contributions. (27) Alan B. Shepard Jr. of Apollo 14. man’s greatest scientific achievements. Mr. Speaker, some day in the not- (28) Thomas P. Stafford of Apollo 10. The Apollo Exploration Award Act pro- too-distant future I expect that we will (29) John L. Swigert Jr. of Apollo 13. (30) Edward H. White of Apollo 1. vides a fitting and tangible tribute to go back to the Moon; and I believe we (31) Alfred M. Worden of Apollo 15. each of the astronauts who dedicated will ultimately go further, to Mars and (32) John W. Young of Apollo 10 and Apollo themselves and risked their lives for beyond. When we do, we will be build- 16. the Apollo program. ing on the accomplishments of not only September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8077 the brave astronauts that we honor in complish anything if they have a Furthermore, it is not just that some this piece of legislation but also on the dream and a vision to work and to 250 foreign leaders have been given efforts of all of the thousands and make it come true. As astronaut Walt pieces of the Moon rock but none to thousands of men and women who Cunningham said, ‘‘Today we fail not our astronauts. worked on the Apollo project. Their because of our inability to do some- NASA has recovered more than 2,000 contributions, large and small, all thing, we fail today because of our un- different samples of the Moon in six helped make Apollo a success. willingness to tackle it in the first landings, so the rocks required for While we cannot honor each of them place. We are unwilling to take a presentation would be a tiny portion of by name, I hope that they take pride in chance, stick our neck out and go and our total holdings. The bill also main- what they accomplished and know that do some of these things.’’ tains careful control over the lunar we salute them. The Apollo astronauts have contin- rocks, preventing them from being sold Mr. Speaker, back several Congresses ued to stand as living monuments to or transferred to anyone besides the as- ago, as a matter of fact in the 103rd that drive and vision. Many of today’s tronaut, his family, or a museum. And Congress, I introduced and passed adults were not even born at the time the lunar material could be recalled by through the House a concurrent resolu- of the Apollo landing, even though NASA if needed for scientific research. tion, H. Con. Res. 261. It was a resolu- they and their children hold the poten- Mr. Speaker, America was founded on tion to honor the lunar astronauts and tial to be the generation that first sets the principle of exploration. We have it to increase their military rank, not to foot on Mars. The vision is still a living in our power to continue this great tra- increase their pay nor their retirement vision, however, because it is rekindled dition as a spacefaring Nation. I urge but simply to increase their rank. We by the Apollo astronauts who continue my colleagues to support this legisla- sent it over to the Senate and the Sen- to bear witness to the possibility of tion. ate reduced it to saying they would be making even seemingly outlandish APOLLO EXPLORATION ACT—QUESTIONS AND called Honorable from here on and did dreams into reality. ANSWERS nothing for them along the line of their We recently had sad reminders of just Rep. Mark Souder rank. I think we missed a chance to how precious these men are. Apollo 12 H.R. 2572, The Apollo Exploration Award show them greater courtesy and great- astronaut Pete Conrad was laid to rest Act, would create an award to be presented er honor, and many of them talked to last year in Arlington National Ceme- as a lasting commemoration for the Amer- me, that many of them really and truly tery. Four of the 12 men to have set ican astronauts who made the first voyages wanted. H.R. 2572 is a way also for us to foot on the Moon have now passed to the moon. The award would contain an ac- say thank you to these astronauts who away. A total of seven of the Apollo as- tual lunar sample (or ‘‘moon rock’’) re- helped lead us to the Moon. tronauts are no longer with us. Just trieved on the Apollo missions as a uniquely I urge my colleagues to vote to sus- outside this Chamber stands one of the fitting and appropriate presentation. This fact sheet answers questions about the bill pend the rules and pass H.R. 2572. newest additions to Statuary Hall, a and responds to some issues which have been Mr. Speaker, I reserve the balance of statue of Apollo 13 astronaut Jack raised by NASA. my time. Swigert of Colorado, who was elected Q: Why bring up the bill now? Mr. SENSENBRENNER. Mr. Speak- to the House but never was able to A. The bill was introduced on the 30th an- er, I yield 4 minutes to the gentleman serve. niversary of the Apollo 11 lunar landing in from Indiana (Mr. SOUDER), who is the In my view, there would be no better July of 1999. Some of the former Apollo as- author of this bill. recognition for these heroes nor better tronauts have now died, and as time passes Mr. SOUDER. Mr. Speaker, I would way to rekindle the accomplishments others will become less able to participate in first like to thank the gentleman from of Apollo in the public imagination public events and commemorations. Because we are still fortunate to have most of the Wisconsin (Mr. SENSENBRENNER) and than this award. The only fitting com- former astronauts engaged in public life, this the gentleman from California (Mr. memoration for those who have is a fitting time to provide an appropriate ROHRABACHER), the subcommittee touched the Moon or made that great recognition of the extraordinary significance chairman, for bringing this bill to the achievement possible could be a piece of their deeds with the benefit of historical floor and also Speaker HASTERT, who, of the Moon itself. And such recogni- hindsight. In doing so, the bill is also in- when he chaired the subcommittee on tion is long overdue. tended to remind the American public of oversight, held a number of hearings to In addition, this is a simple issue of their accomplishments and rekindle the vi- try to promote an increasing awareness fairness. On the same day I introduced sion of a great American space program. The bill has significant bipartisan support, of our space program and try to rekin- this bill, the Apollo 11 astronauts vis- particularly from members who represent dle the national interest; and also the ited the Oval Office and presented NASA facilities. Of the 34 cosponsors, 14 are cosponsors of this bill, particularly the President Clinton with a Moon rock Democrats. NASA was contacted and pro- gentleman from Florida (Mr. WELDON), which he promptly put beside his desk vided with a copy of the bill at the time of the principal cosponsor, and the 33 in the Oval Office. NASA has already its introduction. other cosponsors, including many given out a number of lunar samples to Q: Our ‘‘Moon Rocks’’ are a national Democrats, all of whom join with me foreign leaders with no restrictions at asset—would this harm their preservation today to provide a historic recognition all. In fact, a sample that was dedi- and scientific research? A: The Apollo missions collected 2,196 of the accomplishments of the Apollo cated to ‘‘the People of Honduras’’ re- lunar samples weighing 843 pounds. The bill program on its 30th anniversary. In cently was found in private hands. If provides for just 32 awards to be issued to the doing so we hope to recapture some of Bill Clinton can have a Moon rock in Apollo Astronauts—a minuscule portion (1.5 the vision and excitement of the space his office and we can give them to for- percent) of our holdings. In addition, the bill program for Americans as we enter the eign leaders, I think it is only fair and explicitly provides that NASA may recall 21st century. just that the men who risked their any of the lunar samples used for the award We are currently in the midst of ob- lives for science and for their country should they be needed for scientific research. serving the 30th anniversary. I intro- of all people should have the same Q: Would this bill set a bad precedent by transferring moon rocks for commemorative duced this bill on July 20, 1999, on the honor. purposes? anniversary of the first lunar landing. When Neil Armstrong and Buzz A: The fact of the matter is that NASA has It is by no means an exaggeration to Aldrin landed on the Moon in 1969, Bill already transferred moon rocks for com- say that the landing was one of the Clinton was home for the summer from memorative purposes, with far fewer restric- most significant events in human his- Oxford, according to David Marannis, tions than are contained in this bill. A num- tory. The Apollo program not only was ‘‘feverishly trying to find a way to ber of the Apollo crews made ‘‘goodwill and still is one of the most significant avoid entering the Army as a drafted tours’’ of foreign nations, during which lunar technological accomplishments but private.’’ And it is dumbfounding to me samples were presented to heads of state by that after the President received his the astronauts as a commemoration. Al- also marked the first time that man- though these were ostensibly presented as kind left the planet Earth to explore Moon rock, his administration appar- gifts to each country rather than to the indi- another celestial body. ently yesterday decided to oppose this viduals, we are not aware of any restrictions The Apollo program demonstrated bill giving a Moon rock to the astro- placed on these rocks. In fact, at least one of that it is possible for Americans to ac- nauts who performed the missions. these samples, presented to the ‘‘People of H8078 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Honduras,’’ found its way into private hands. Both Indiana and Purdue universities have the line and actually went to the Moon We are unable to find ‘‘any’’ accounting for moon material for research, but none is pub- I think is wrong and that it is very fit- the whereabouts of the samples that were licly displayed. ting and appropriate for us to now at presented to foreign countries. NASA offi- So, is Indianapolis out of luck for a lunar this time honor those heroes who went cials at the time of the missions said they look on Tuesday’s 30th anniversary of the could make available 150 to 200 presentation Apollo 11 landing? Check out The Children’s to the Moon and extend to them a spec- samples—a number which makes the 32 sam- Museum. imen. ples here look very modest indeed. Through Aug. 31, a 5.5-ounce dark chunk of Now, the gentleman from Indiana has In addition, the Apollo 11 crew recently the moon will be displayed outside the inserted a whole host of safeguards in presented a rock to President Clinton for SpaceQuest Planetarium, along with period this legislation. They cannot sell it for commemorative purposes. Although NASA articles, photos and models of Apollo space- money. NASA can retrieve the speci- goes to great lengths to specify that that craft. The 4- to 6-inch-long rock, on loan mens if there is some tremendous sci- rock is ‘‘on loan,’’ White House Spokesman from the John Glenn Space Center in Cleve- entific need for them. Actually, the land, was gathered from the moon’s Base Barry Toiv said ‘‘I have a feeling it will be scientists have analyzed these things here awhile.’’ President Clinton put the rock North Massif Mountain in the Valley of Tau- by his desk in the Oval Office. rus-Littrow during the 1971 Apollo 15 mis- over and over again and they are just The samples in question are not being pre- sion. For hours and admission, call the mu- rocks. There is no great need, and it is sented to strangers to NASA or to the public seum at (317) 334-3322. extremely unlikely that they would at large—they would go to the astronauts FAST FACTS ever have to be reclaimed. who went to get them. This is only fitting, What became of the moon rocks? Here’s a Mr. Speaker, I rise in strong support just and appropriate. quick look: of the legislation. I applaud the gen- Q: What controls are put on the samples? In NASA, military vaults: 711 pounds tleman for coming up with this idea. Could the astronauts sell them? Studied, returned to NASA: 60 pounds He should be commended. I would en- A: The bill puts very tight controls on the Sent out for study: 15 pounds courage all of my colleagues on both samples. Astronauts could not sell or trans- Loaned to museums or schools: 24 pounds fer their award or receive any monetary gain Destroyed in experiments: 22 pounds sides of the aisle to vote in support of from its use. They could only keep it, give or Gifts to foreign heads of state: 0.6 pounds this bill. leave it as an inheritance to members of Used but not destroyed in experiments: 7 Mr. SENSENBRENNER. Mr. Speak- their family under the same conditions, or pounds er, I have no further requests for time, loan it to a museum. If these conditions are Lost: 0.078 pounds. and I yield back the balance of my not met, the award and lunar sample return Mr. HALL of Texas. Mr. Speaker, I time. to the possession of NASA. yield back the balance of my time. The SPEAKER pro tempore (Mr. Q: Wouldn’t that require NASA to keep HANSEN). The question is on the motion track of the awards? Mr. SENSENBRENNER. Mr. Speak- A: Technically, the bill does not require er, I yield 4 minutes to the gentleman offered by the gentleman from Wis- NASA to keep track of the awards—it gives from Florida (Mr. WELDON). consin (Mr. SENSENBRENNER) that the them a right of recall if the lunar samples Mr. WELDON of Florida. Mr. Speak- House suspend the rules and pass the are needed for scientific purposes. Moreover, er, I thank the gentleman for yielding bill, H.R. 2572. even if NASA chose to track the awards, it is me this time, and I rise to speak in The question was taken. difficult to imagine that keeping track of 32 support of this very, very important Mr. SENSENBRENNER. Mr. Speak- of them would be an undue burden on the legislation. er, on that I demand the yeas and nays. Agency. In fact, NASA already lends (and As many people know, the Apollo The yeas and nays were ordered. successfully tracks) up to 10 lunar samples a The SPEAKER pro tempore. Pursu- week to schools across the country. missions departed from Cape Canaveral Kennedy Space Center, which is in my ant to clause 8 of rule XX and the Chair’s prior announcement, further [From the Indianapolis Star, July 18, 1999] Congressional district. Indeed, for most of the people in my congressional dis- proceedings on this motion will be PURDUE ENJOYS HISTORIC LUNAR LINKS postponed. (By Scott Thien) trict, they refer to the area they live in f When it comes to moon missions, Purdue as the Space Coast. Space has been the rules one of America’s greatest achieve- heart of the area, the community, now CORRECTING ENROLLMENT OF ments. going on for 4 decades; and, indeed, the H.R. 1654, NATIONAL AERO- That’s because Boilermakers Neil Arm- area has been home on and off for the NAUTICS AND SPACE ADMINIS- strong of Apollo 11 and Eugene Cernan of Apollo astronauts for years. TRATION AUTHORIZATION ACT Apollo 17 were the first and last men to walk I wholeheartedly support this piece FOR FISCAL YEARS 2000, 2001, on the moon. of legislation and I think it is ex- In fact, 21 current and former astronauts AND 2002 attended the university, most in the School tremely fair and appropriate to do this. Mr. SENSENBRENNER. Mr. Speak- of Aeronautics and Astronautics. And rough- The Apollo astronauts put their lives er, I ask unanimous consent for the im- ly 10 percent—24 out of 268—of all U.S. astro- on the line. Indeed, the gentleman who mediate consideration of the concur- nauts have links to Indiana, either by birth was running the Apollo program at the rent resolution (H. Con. Res. 409) di- or education. time, his name was George Mueller, recting the Clerk of the House of Rep- Famous ties, to be sure, but the state has felt that there was only about a 10 per- little other tangible evidence of America’s resentatives to make corrections in the cent chance when the first Moon mis- enrollment of the bill H.R. 1654. six lunar landings. sion took off that the crew would re- Currently, Indiana has no permanent pub- The Clerk read the title of the con- lic display of moon rocks, lunar dust or any turn safely. And, of course, not only current resolution. of the core samples from the 842 pounds did they, we were able to go back sev- The SPEAKER pro tempore. Is there gathered during the Apollo missions from eral more times after Apollo 11 and objection to the request of the gen- 1969 to 1972. Twenty-one states and 12 foreign successfully bring safely the crew back tleman from Wisconsin? countries have such displays, which are ad- to Earth. Mr. HALL of Texas. Mr. Speaker, re- ministered by the Johnson Space Center in But this mission was not without its serving the right to object, I yield to Houston. And, officials of the National Aero- risk and its price. According to my the gentleman from Wisconsin for his nautics and Space Administration say, none conversations with the astronauts in- of the material is privately owned—not even explanation of the justification for this by the 12 moonwalkers. volved, the hours were excruciatingly resolution and its consideration under That’s not to say NASA is stingy. At the long, separation from family was huge, the expedited procedure. end of the Apollo program, every U.S. state there was an incredible amount of Mr. SENSENBRENNER. Mr. Speak- and nearly every country in the world re- stress after the initial Apollo 1 fire er, I thank the gentleman from Texas ceived a commemorative plaque with a taking the lives of three crew mem- for yielding. mounted sliver of moon material. Indiana’s bers, and after all of these years to This resolution changes the title of sample, which came from the historic Apollo have these Moon rocks essentially sit- section 205 from Space Station Man- 11 mission, eventually found its way into the ting in a vault collecting dust and to agement to Space Station Research bowels of the Indiana State Museum. The sample—several plastic-encased, porous- have a scenario where we are giving Utilization and Commercialization looking black pebbles about one-sixteenth of specimens out to politicians, of all peo- Management in order to make the title an inch each—occasionally is displayed, mu- ple. But to not give a specimen to the more informative. It also replaces spe- seum officials say. heroes who actually put their lives on cific references to the Russian Service September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8079 Module in section 201 with generic ref- Director of the National Institute of atives and the Committee on Commerce, Science, erences to any Russian element in the Standards and Technology to assist and Transportation of the Senate on the imme- International Space Station’s critical small and medium-sized manufacturers diate requirements of small and medium-sized path, and moves the due date for an and other such businesses to success- manufacturers and other such businesses to in- tegrate and utilize electronic commerce tech- educational study required in section fully integrate and utilize electronic nologies and business practices. The report 317 from October 1, 2000, to December 1, commerce technologies and business shall— 2000. practices, as amended. (1) describe the current utilization of elec- Finally, the resolution removes some The Clerk read as follows: tronic commerce practices by small and medium- commas to reduce the number used in H.R. 4429 sized manufacturers and other such businesses, detailing the different levels between business- a series to address stylistic pref- Be it enacted by the Senate and House of Rep- to-retail customer and business-to-business erences. These are minor changes that resentatives of the United States of America in transactions; Congress assembled, do not affect the substance of the bill (2) describe and assess the utilization and adopted by the House on a vote of 399– SECTION 1. SHORT TITLE. need for encryption and electronic authentica- 17 on September 14. They have been This Act may be cited as the ‘‘Electronic Com- tion components and electronically stored data discussed with the minority and with merce Enhancement Act of 2000’’. security in electronic commerce for small and the other body and all parties have TITLE I—ELECTRONIC COMMERCE medium-sized manufacturers and other such agreed to them. SEC. 101. FINDINGS. businesses; Mr. HALL of Texas. I thank the gen- The Congress finds the following: (3) identify the impact and problems of inter- tleman for his explanation. (1) Commercial transactions on the Internet, operability to electronic commerce, and include Mr. Speaker, the minority concurs in whether retail business-to-customer or business- an economic assessment; and to-business, are commonly called electronic com- (4) include a preliminary assessment of the the necessity to correct the enrollment appropriate role of, and recommendations for, of H.R. 1654. Therefore, we do not ob- merce. (2) In the United States, business-to-business the Manufacturing Extension Partnership pro- ject to the immediate consideration of transactions between small and medium-sized gram to assist small and medium-sized manufac- the resolution. manufacturers and other such businesses and turers and other such businesses to integrate Mr. Speaker, I withdraw my reserva- their suppliers is rapidly growing, as many of and utilize electronic commerce technologies and tion of objection. these businesses begin to use Internet connec- business practices. The SPEAKER pro tempore. Is there tions for supply-chain management, after-sales (c) FINAL REPORT.—Within 18 months after support, and payments. the date of enactment of this Act, the Advisory objection to the request of the gen- Panel shall report to the Director and to the tleman from Wisconsin? (3) Small and medium-sized manufacturers and other such businesses play a critical role in Committee on Science of the House of Represent- There was no objection. atives and the Committee on Commerce, Science, The Clerk read the concurrent reso- the United States economy. (4) Electronic commerce can help small and and Transportation of the Senate a 3-year as- lution, as follows: medium-sized manufacturers and other such sessment of the needs of small and medium-sized H. CON. RES. 409 businesses develop new products and markets, manufacturers and other such businesses to in- tegrate and utilize electronic commerce tech- Resolved by the House of Representatives (the interact more quickly and efficiently with sup- nologies and business practices. The report shall Senate concurring), that the Clerk of the pliers and customers, and improve productivity include— House of Representatives shall make the fol- by increasing efficiency and reducing trans- (1) a 3-year planning document for the Manu- lowing corrections in the enrollment of the action costs and paperwork. Small and medium- facturing Extension Partnership program in the bill H.R. 1654: sized manufacturers and other such businesses field of electronic commerce; and (1) In section 1(b), in the item relating to who fully exploit the potential of electronic com- (2) recommendations, if necessary, for the Na- section 205 in the table of contents, insert merce activities can use it to interact with cus- tional Institute of Standards and Technology to ‘‘research utilization and commercializa- tomers, suppliers, and the public, and for exter- address interoperability issues in the field of tion’’ after ‘‘Space station’’. nal support functions such as personnel services electronic commerce. (2) In section 2(4)— and employee training. (A) insert ‘‘the’’ after ‘‘commercial pro- (5) The National Institute of Standards and SEC. 103. ELECTRONIC COMMERCE PILOT PRO- GRAM. viders of’’; and Technology’s Manufacturing Extension Part- The National Institute of Standards and (B) strike the comma after ‘‘reusable space nership program has a successful record of as- Technology’s Manufacturing Extension Part- vehicles’’. sisting small and medium-sized manufacturers nership program, in consultation with the Small (3) In section 201(b)— and other such businesses. In addition, the Business Administration, shall establish a pilot (A) strike ‘‘the Russian Service Module, Manufacturing Extension Partnership program, program to assist small and medium-sized manu- other’’ and insert ‘‘any’’; working with the Small Business Administra- facturers and other such businesses in inte- (B) strike ‘‘, or Russian’’ and insert ‘‘or tion, successfully assisted United States small grating and utilizing electronic commerce tech- any Russian’’; enterprises in remediating their Y2K computer nologies and business practices. The goal of the (C) strike ‘‘the Russian Service Module, or problems. pilot program shall be to provide small and me- any other Russian element in the critical (6) A critical element of electronic commerce is dium-sized manufacturers and other such busi- path or Russian launch service’’ and insert the ability of different electronic commerce sys- nesses with the information they need to make ‘‘any Russian element in the critical path or tems to exchange information. The continued informed decisions in utilizing electronic com- any Russian launch services’’; and growth of electronic commerce will be enhanced merce-related goods and services. Such program (D) strike the comma after ‘‘with the per- by the development of private voluntary inter- shall be implemented through a competitive manent replacement’’. operability standards and testbeds to ensure the grants program for existing Regional Centers for (4) In section 203(a)(2), strike the comma compatibility of different systems. the Transfer of Manufacturing Technology es- after ‘‘Sciences and Applications’’. SEC. 102. REPORT ON THE UTILIZATION OF ELEC- tablished under section 25 of the National Insti- (5) In the section heading of section 205, in- TRONIC COMMERCE. tute of Standards and Technology Act (15 sert ‘‘RESEARCH UTILIZATION AND COM- (a) ADVISORY PANEL.—The Director of the Na- U.S.C. 278k). In carrying out this section, the MERCIALIZATION’’ after ‘‘SPACE STA- tional Institute of Standards and Technology Manufacturing Extension Partnership program TION’’. (in this title referred to as the ‘‘Director’’) shall shall consult with the Advisory Panel and uti- (6) In section 303, strike the comma after establish an Advisory Panel to report on the lize the Advisory Panel’s reports. ‘‘fullest extent feasible’’. challenges facing small and medium-sized man- (7) In section 317(b), strike ‘‘October’’ and ufacturers and other such businesses in inte- TITLE II—ENTERPRISE INTEGRATION insert ‘‘December’’. grating and utilizing electronic commerce tech- SEC. 201. ENTERPRISE INTEGRATION ASSESS- The concurrent resolution was agreed nologies and business practices. The Advisory MENT AND PLAN. to. Panel shall be comprised of representatives of (a) ASSESSMENT.—The Director shall work to the Technology Administration, the National identify critical enterprise integration standards A motion to reconsider was laid on Institute of Standards and Technology’s Manu- and implementation activities for major manu- the table. facturing Extension Partnership program estab- facturing industries underway in the United f lished under sections 25 and 26 of the National States. For each major manufacturing industry, b Institute of Standards and Technology Act (15 the Director shall work with industry represent- 1145 U.S.C. 278k and 278l), the Small Business Ad- atives and organizations currently engaged in ELECTRONIC COMMERCE ministration, and other relevant parties as iden- enterprise integration activities and other ap- ENHANCEMENT ACT OF 2000 tified by the Director. propriate representatives as necessary. They (b) INITIAL REPORT.—Within 12 months after shall assess the current state of enterprise inte- Mr. SENSENBRENNER. Mr. Speak- the date of enactment of this Act, the Advisory gration within the industry, identify the re- er, I move to suspend the rules and Panel shall report to the Director and to the maining steps in achieving enterprise integra- pass the bill (H.R. 4429) to require the Committee on Science of the House of Represent- tion, and work toward agreement on the roles of H8080 CONGRESSIONAL RECORD — HOUSE September 26, 2000 the National Institute of Standards and Tech- of the complexity of multiple tech- and in effect establish virtual manufac- nology and of the private sector in that process. nologies, expensive deployment costs turing enterprises. H.R. 4906 provides Within 90 days after the date of the enactment and the lack of interoperability stand- for a meaningful U.S. role in the devel- of this Act, the Director shall report to the Con- ards. opment of these standards and for cre- gress on these matters and on anticipated re- lated National Institute of Standards and Tech- H.R. 4429, the Electronic Commerce ating the tools that small businesses nology activities for the then current fiscal year. Enhancement Act of 2000, helps to as- will need to participate in this new (b) PLANS AND REPORTS.—Within 180 days sist small and medium-sized businesses mode of business interaction. after the date of the enactment of this Act, the to successfully integrate and utilize We appreciate the willingness of the Director shall submit to the Congress a plan for electronic commerce technologies and gentleman from Wisconsin (Chairman enterprise integration for each major manufac- business practices. Specifically, the SENSENBRENNER) to add sections from turing industry, including milestones for the bill requires the National Institute of H.R. 4906 to the bill before us today, National Institute of Standards and Technology Standards and Technology of the De- and I urge my colleagues to support portion of the plan, the dates of likely achieve- partment of Commerce to assist small H.R. 4429. ment of those milestones, and anticipated costs Mr. Speaker, I yield such time as he to the Government and industry by fiscal year. and medium-sized manufacturers by as- Updates of the plans and a progress report for sessing critical enterprise integration may consume to the gentleman from the past year shall be submitted annually until standards in implementation activities Michigan (Mr. BARCIA). for a given industry, in the opinion of the Direc- for major manufacturing industries Mr. BARCIA. Mr. Speaker, I rise tor, enterprise integration has been achieved. and to develop a plan for enterprise in- today in support of H.R. 4429, The Elec- SEC. 202. DEFINITIONS. tegration for each major manufac- tronic Commerce Enhancement Act of For purposes of this title— turing industry. 2000. (1) the term ‘‘Director’’ means the Director of This bill was unanimously approved H.R. 4429 is a bipartisan effort to as- the National Institute of Standards and Tech- by the Committee on Science on July sist small and medium-sized enter- nology; prises in bringing their businesses on 26 of this year. I wish to commend the (2) the term ‘‘enterprise integration’’ means line. I introduced this bill, along with ranking member of the Subcommittee the electronic linkage of manufacturers, assem- the gentleman from California (Mr. blers, and suppliers to enable the electronic ex- on Technology, the gentleman from CALVERT), the gentleman from Wash- change of product, manufacturing, and other Michigan (Mr. BARCIA), and the chair- ington (Mr. BAIRD), the gentleman business data among all businesses in a product woman of the subcommittee, the gen- from Pennsylvania (Mr. DOYLE), and supply chain, and such term includes related tlewoman from Maryland (Mrs. application protocols and other related stand- the gentleman from Colorado (Mr. MORELLA), for their efforts, and urge ards; and UDALL) earlier this year. This bill is my colleagues to support its passage (3) the term ‘‘major manufacturing industry’’ the result of Subcommittee on Tech- today. includes the aerospace, automotive, electronics, nology hearings and a district work- Mr. Speaker, I reserve the balance of shipbuilding, construction, home building, fur- shop I held on the electronic commerce niture, textile, and apparel industries and such my time. needs of small and medium-sized manu- other industries as the Director designates. Mr. HALL of Texas. Mr. Speaker, I facturers. The SPEAKER pro tempore (Mr. yield myself such time as I may con- As large companies move their busi- HANSEN). Pursuant to the rule, the gen- sume. ness transactions on line, small busi- Mr. Speaker, H.R. 4429 is a very im- tleman from Wisconsin (Mr. SENSEN- nesses must go on line also. Unfortu- portant piece of legislation, and I wish BRENNER) and the gentleman from nately, many of these smaller manu- to compliment the gentleman from Texas (Mr. HALL) each will control 20 facturers do not have the information minutes. Michigan (Mr. BARCIA) and our chair- they need to make informed decisions The Chair recognizes the gentleman man for their persistence in focusing on e-commerce-related purchases and from Wisconsin (Mr. SENSENBRENNER). the Congress on the impacts that elec- services. As one small manufacturer GENERAL LEAVE tronic commerce is having on our put it, ‘‘I know whether I need a $20,000 Mr. SENSENBRENNER. Mr. Speak- small businesses throughout this coun- or a $30,000 truck, but I do not have any er, I ask unanimous consent that all try. Competing as a small businessman idea of whether I need a $5,000 or a Members may have 5 legislative days can be very tough under the very best $50,000 e-mail server.’’ within which to revise and extend their of circumstances, and it gets just that The goal of this legislation is to pro- remarks on H.R. 4429. much harder during times of rapid vide American small business with in- The SPEAKER pro tempore. Is there change. Today, computers and e-com- formation and knowledge they need to objection to the request of the gen- merce are turning the world of many make these critical business decisions. tleman from Wisconsin? small businessmen and women on their This bill builds upon the successful There was no objection. head. They do not know which way to Manufacturing Extension Partnerships (Mr. SENSENBRENNER asked and go. Program, or MEP. In addition, H.R. was given permission to revise and ex- The gentleman from Michigan (Mr. 4429 authorizes the establishment of an tend his remarks.) BARCIA) and his cosponsors have writ- advisory panel to determine the e-com- Mr. SENSENBRENNER. Mr. Speak- ten legislation that will really help merce needs of small businesses na- er, I yield myself such time as I may small businesses. It will help them tre- tionwide. consume. mendously in obtaining the informa- The MEP, working with this advisory Mr. Speaker, small and medium-sized tion and expertise necessary to make panel, will establish a pilot program manufacturers contribute greatly to intelligent business decisions as they that will allow MEP centers to provide our Nation’s economic growth, cre- move onto the Internet. This help will small manufacturers with the informa- ating thousands of new jobs each year be available through the Manufac- tion they need to make informed pur- and providing all Americans with qual- turing Extension Program of the De- chases of e-commerce products and ity manufactured goods. partment of Commerce. services. The emergence of electronic com- The gentleman from Michigan (Mr. In addition, this legislation incor- merce has the potential to assist small BARCIA), the gentlewoman from Michi- porates some provisions of H.R. 4906, and medium-sized manufacturers de- gan (Ms. RIVERS), and the gentlewoman the Enterprise Integration Act, which I velop new products and markets, inter- from Michigan (Ms. STABENOW) also in- introduced along with the gentle- act more quickly and efficiently with troduced H.R. 4906 earlier this year. It woman from Michigan (Ms. RIVERS). suppliers and customers and improve is a bill that very aggressively address- These provisions address the issue of productivity by increasing efficiency es another small business problem that interoperability in the manufacturing and reducing transaction costs and pa- is just around the corner. supply chain. The adoption of e-com- perwork. According to recent testimony before merce business practices within supply Despite the benefits electronic com- the Committee on Science, European chains is often hindered by the lack of merce has to offer, small and medium- governments are spending over $45 mil- interoperability of software, hardware sized manufacturers face significant lion per year to develop standards that and networks in exchanging product challenges in integrating electronic will permit companies to exchange data and other key business informa- commerce into their operation because manufacturing data instantaneously tion. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8081 A recent study showed that the U.S. the clothes we wear, to the chairs we costs the Internet about $1 billion per automotive supply chain alone suffers sit on, to the telecommunications year. at least $1 billion in lost productivity equipment that we use to broadcast This bill would allow the NIST to due to problems of interoperability. these House proceedings live can be at- work with business and industry to de- Other industries with complex manu- tributed in part to the products of velop voluntary standards that will as- facturing requirements are expected to small manufacturers. sure that U.S. firms will and can con- suffer similar losses, including aero- Small manufacturers make up over tinue to exploit the power of the Inter- space, electronics, shipbuilding and 95 percent of all United States manu- net to collaborate with trading part- construction, to name just a few. facturers, and employ one out of every ners and, through greater speed and The National Institute of Standards 10 American workers. It is not sur- agility, to participate in global mar- and Technology has supported the first prising that small manufacturers con- kets. phase of an interoperability program in tribute so greatly to our Nation’s eco- It also allows for a constructive U.S. the auto industry called STEP. In my nomic growth and prosperity; and in role in the development of these stand- home State of Michigan, STEP proved recognition of this vital sector of our ards and for helping equip small busi- to be highly successful and was strong- economy, we declared last year the nesses with the instruments necessary ly supported by the auto industry and year of the small manufacturer. for this new way of doing business. manufacturers in their supply chain. Last fall, as has been mentioned, the I thank the gentleman from Michi- The provisions of H.R. 4429 build upon Subcommittee on Technology, which I gan (Mr. BARCIA) for introducing this this prior experience. Chair and on which the gentleman important bill, and I urge my col- NIST is authorized to perform an as- from Michigan (Mr. BARCIA) is the leagues to support it. sessment to identify critical enterprise ranking member, convened a hearing b integration standards and implementa- looking at the challenges and the op- 1200 tion activities for major manufac- portunities facing small and medium- Mr. HALL of Texas. Mr. Speaker, we turing industries and to report to Con- sized manufacturers in the coming dec- have no more speakers, and I yield gress on the appropriate role for work- ade. As implementing successful elec- back the balance of our time. ing with industry in this area. tronic commerce strategies emerge is Mr. SENSENBRENNER. Mr. Speak- I want to especially this morning one of the industry’s top priorities, it er, I yield back the balance of my time. thank the Subcommittee on Tech- is estimated that sales in electronic The SPEAKER pro tempore (Mr. nology chairwoman, the gentlewoman commerce alone will reach nearly $3.2 HANSEN). The question is on the motion from Maryland (Mrs. MORELLA), for the trillion by the year 2003. offered by the gentleman from Wis- series of hearings that she has held on Successfully implemented, e-com- consin (Mr. SENSENBRENNER) that the e-commerce during this past 2-year ses- merce business strategies have the po- House suspend the rules and pass the sion. These hearings have brought at- tential to significantly increase pro- bill, H.R. 4429, as amended. tention to the challenges facing our ductivity and revenues for many small The question was taken; and (two- small manufacturers as they enter the manufacturers. Electronic commerce thirds having voted in favor thereof) world of electronic business. can help small manufacturers develop the rules were suspended and the bill, I also want to especially thank the new products and markets, while at the as amended, was passed. gentleman from Wisconsin (Chairman same time allowing them to interact The title of the bill was amended so SENSENBRENNER) and the ranking mem- more quickly and efficiently with their as to read as follows: ‘‘A bill to require ber, the gentleman from Texas (Mr. suppliers and customers. the Director of the National Institute HALL), for their gracious efforts to We had a number of small manufac- of Standards and Technology to assist move this bill through the Committee turers as well as the National Associa- small and medium-sized manufacturers on Science and bringing it to the floor tion of Manufacturers testify at our and other such businesses to success- so expeditiously. hearing last fall, and they all agreed fully integrate and utilize electronic In closing, I believe this bill rep- that we need to address this issue and commerce technologies and business resents sound and reasonable policy that the National Institute of Stand- practices, and to authorize the Na- and builds upon the successful track ards and Technology, such a gem in our tional Institute of Standards and Tech- record of the Manufacturing Extension Federal laboratory system, can play a nology to assess critical enterprise in- Partnership Program and the National very important role in helping to tegration standards and implementa- Institute of Standards and Technology. achieve that goal. tion activities for major manufac- I urge my colleagues to support this Mr. Speaker, I urge my colleagues to turing industries and to develop a plan bill. join in support of the Electronic Com- for enterprise integration for each Mr. SENSENBRENNER. Mr. Speak- merce Enhancement Act of 2000. major manufacturing industry.’’. er, I yield 3 minutes to the gentle- Mr. HALL of Texas. Mr. Speaker, I A motion to reconsider was laid on woman from Maryland (Mrs. MORELLA). yield 2 minutes to the gentlewoman the table. Mrs. MORELLA. Mr. Speaker, I rise from Michigan (Ms. RIVERS). f today in support of H.R. 4429, the Elec- Ms. RIVERS. Mr. Speaker, I am tronic Commerce Enhancement Act of pleased to rise in support of H.R. 4429, NATIONAL SMALL BUSINESS REG- 2000. I want to thank the chairman of a bill that recognizes the importance of ULATORY ASSISTANCE ACT OF the Committee on Science, the gen- the Internet to our economy, and espe- 2000 tleman from Wisconsin (Mr. SENSEN- cially the importance of the Internet Mr. SWEENEY. Mr. Speaker, I move BRENNER), for helping to bring this bill as a tool in business to business trans- to suspend the rules and pass the bill to the floor. I want to thank the rank- actions. (H.R. 4946) to amend the Small Busi- ing member, the gentleman from Texas Unfortunately, as Internet opportu- ness Act to direct the Administrator of (Mr. HALL), for his yeoman-like work nities opened up, many small and me- the Small Business Administration to in this. Certainly I value the leadership dium-sized manufacturers, who are cru- establish a pilot program to provide of the ranking member of the Sub- cial to our economy, were not able to regulatory compliance assistance to committee on Technology for the work exploit the potential of e-commerce ac- small business concerns, and for other that he has done and his leadership in tivities because of problems of inter- purposes, as amended. helping to forward this very important operability. The Clerk read as follows: measure. The costs of this barrier of interoper- H.R. 4946 During a busy day, most Americans ability are enormous. According to a Be it enacted by the Senate and House of probably do not even stop to think recent National Institutes of Standards Representatives of the United States of America about the daily impact small manufac- and Technology study of product data in Congress assembled, turing has on our lives; yet it is all but exchange in the automotive sector SECTION 1. SHORT TITLE. impossible to get through a day with- alone, the inability to inefficiently ex- This Act may be cited as the ‘‘National out using products that are created by change product data through the auto- Small Business Regulatory Assistance Act of small manufacturers. Everything from motive supply chain conservatively 2000’’. H8082 CONGRESSIONAL RECORD — HOUSE September 26, 2000

SEC. 2. PURPOSE. ‘‘(B) training and educational activities; ‘‘(1) IN GENERAL.—A Small Business Devel- The purpose of this Act is to establish a ‘‘(C) confidential, free-of-charge, one-on- opment Center shall be eligible to receive as- pilot program to— one, in-depth counseling to the owners and sistance under the pilot program only if the (1) provide confidential assistance to small operators of small business concerns regard- center is certified under section 21(k)(2). business concerns; ing compliance with Federal regulations, ‘‘(2) WAIVER.—With respect to a Small (2) provide small business concerns with provided that such counseling is not consid- Business Development Center seeking assist- the information necessary to improve their ered to be the practice of law in a State in ance under the pilot program, the Adminis- rate of compliance with Federal regulations; which a Small Business Development Center trator may waive the certification require- (3) create a partnership among Federal is located or in which such counseling is con- ment set forth in paragraph (1) if the Admin- agencies to increase outreach efforts to ducted; istrator determines that the center is mak- small business concerns with respect to regu- ‘‘(D) technical assistance; and ing a good faith effort to obtain such certifi- latory compliance; ‘‘(E) referrals to experts and other pro- cation. (4) provide a mechanism for unbiased feed- viders of compliance assistance. ‘‘(3) EFFECTIVE DATE.—This subsection back to Federal agencies on the regulatory ‘‘(2) REPORTS.— shall take effect on October 1, 2000. environment for small business concerns; ‘‘(A) IN GENERAL.—Each participating ‘‘(f) SELECTION OF PARTICIPATING CEN- and Small Business Development Center shall TERS.— (5) utilize the service delivery network of transmit to the Administrator a quarterly ‘‘(1) IN GENERAL.—In consultation with the Small Business Development Centers to im- report that includes— Association and giving substantial weight to prove access of small business concerns to ‘‘(i) a summary of the regulatory compli- the Association’s recommendations, the Ad- programs to assist them with regulatory ance assistance provided by the center under ministrator shall select 2 Small Business De- compliance. the pilot program; and velopment Centers from each of the fol- SEC. 3. DEFINITIONS. ‘‘(ii) any data and information obtained by the center from a Federal agency regarding lowing groups of States to participate in the In this Act, the definitions set forth in sec- pilot program, except that the Adminis- tion 34(a) of the Small Business Act (as regulatory compliance that the agency in- tends to be disseminated to small business trator may not select 2 Small Business De- added by section 4 of this Act) shall apply. concerns. velopment Centers from the same state: SEC. 4. SMALL BUSINESS REGULATORY ASSIST- ‘‘(B) ELECTRONIC FORM.—Each report re- ‘‘(A) Group 1: Maine, Massachusetts, New ANCE PILOT PROGRAM. ferred to in subparagraph (A) shall be trans- Hampshire, Connecticut, Vermont, and The Small Business Act (15 U.S.C. 637 et mitted in electronic form. Rhode Island. seq.) is amended— ‘‘(C) INTERIM REPORTS.—During any time ‘‘(B) Group 2: New York, New Jersey, Puer- (1) by redesignating section 34 as section period falling between the transmittal of to Rico, and the Virgin Islands. 35; and quarterly reports, a participating Small ‘‘(C) Group 3: Pennsylvania, Maryland, (2) by inserting after section 33 the fol- Business Development Center may transmit West Virginia, Virginia, the District of Co- lowing new section: to the Administrator any interim report con- lumbia, and Delaware. ‘‘SEC. 34. SMALL BUSINESS REGULATORY ASSIST- taining data or information considered by ‘‘(D) Group 4: Georgia, Alabama, North ANCE PILOT PROGRAM. the center to be necessary or useful. Carolina, South Carolina, Mississippi, Flor- ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘(D) LIMITATION ON DISCLOSURE REQUIRE- ida, Kentucky, and Tennessee. lowing definitions apply: MENTS.—The Administrator may not require ‘‘(E) Group 5: Illinois, Ohio, Michigan, Indi- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- a Small Business Development Center to dis- ana, Wisconsin, and Minnesota. trator’ means the Administrator of the close the name or address of any small busi- ‘‘(F) Group 6: Texas, New Mexico, Arkan- Small Business Administration. ness concern that received or is receiving as- sas, Oklahoma, and Louisiana. ‘‘(2) ASSOCIATION.—The term ‘Association’ sistance under the pilot program, except ‘‘(G) Group 7: Missouri, Iowa, Nebraska, means the association, established pursuant that the Administrator shall require such a and Kansas. to section 21(a)(3)(A), representing a major- disclosure if ordered to do so by a court in ‘‘(H) Group 8: Colorado, Wyoming, North ity of Small Business Development Centers. any civil or criminal enforcement action Dakota, South Dakota, Montana, and Utah. ‘‘(3) PARTICIPATING SMALL BUSINESS DEVEL- commenced by a Federal or State agency. ‘‘(I) Group 9: California, Guam, Hawaii, Ne- OPMENT CENTER.—The term ‘participating ‘‘(d) DATA REPOSITORY AND CLEARING- vada, and Arizona. Small Business Development Center’ means HOUSE.— ‘‘(J) Group 10: Washington, Alaska, Idaho, a Small Business Development Center par- ‘‘(1) IN GENERAL.—In carrying out the pilot and Oregon. ticipating in the pilot program. program, the Administrator, acting through ‘‘(2) DEADLINE FOR SELECTION.—The Admin- ‘‘(4) PILOT PROGRAM.—The term ‘pilot pro- the office of the Associate Administrator for istrator shall make selections under this gram’ means the pilot program established Small Business Development Centers, shall— subsection not later than 60 days after pro- under this section. ‘‘(A) act as the repository of and clearing- mulgation of regulations under section 4. ‘‘(5) REGULATORY COMPLIANCE ASSIST- house for data and information submitted by ‘‘(g) MATCHING NOT REQUIRED.—Subpara- ANCE.—The term ‘regulatory compliance as- Small Business Development Centers; and graphs (A) and (B) of section 21(a)(4) shall sistance’ means assistance provided by a ‘‘(B) transmit to the President and to the not apply to assistance made available under Small Business Development Center to a Committees on Small Business of the Senate the pilot program. small business concern to enable the concern and House of Representatives an annual re- to comply with Federal regulatory require- port that includes— ‘‘(h) EVALUATION AND REPORT.—Not later ments. ‘‘(i) a description of the types of assistance than 3 years after the establishment of the ‘‘(6) SMALL BUSINESS DEVELOPMENT CEN- provided by participating Small Business De- pilot program, the Comptroller General of TER.—The term ‘Small Business Develop- velopment Centers under the pilot program; the United States shall conduct an evalua- ment Center’ means a Small Business Devel- ‘‘(ii) data regarding the number of small tion of the pilot program and shall transmit opment Center described in section 21. business concerns that contacted partici- to the Administrator and to the Committees ‘‘(7) STATE.—The term ‘State’ means each pating Small Business Development Centers on Small Business of the Senate and House of the several States, the District of Colum- regarding assistance under the pilot pro- of Representatives a report containing the bia, the Commonwealth of Puerto Rico, the gram; results of the evaluation along with any rec- Virgin Islands, and Guam. ‘‘(iii) data regarding the number of small ommendations as to whether the pilot pro- ‘‘(b) AUTHORITY.—In accordance with this business concerns assisted by participating gram, without or without modification, section, the Administrator shall establish a Small Business Development Centers under should be extended to include the participa- pilot program to provide regulatory compli- the pilot program; tion of all Small Business Development Cen- ance assistance to small business concerns ‘‘(iv) data and information regarding out- ters. through participating Small Business Devel- reach activities conducted by participating opment Centers, the Association, and Fed- Small Business Development Centers under ‘‘(i) LIMITATION ON USE OF FUNDS.—The Ad- eral compliance partnership programs. the pilot program, including any activities ministrator may carry out the pilot program ‘‘(c) SMALL BUSINESS DEVELOPMENT CEN- conducted in partnership with Federal agen- only with amounts appropriated in advance TERS.— cies; specifically to carry out this section.’’. ‘‘(1) IN GENERAL.—In carrying out the pilot ‘‘(v) data and information regarding each SEC. 5. PROMULGATION OF REGULATIONS. program, the Administrator shall enter into case known to the Administrator in which 1 arrangements with participating Small Busi- or more Small Business Development Cen- After providing notice and an opportunity ness Development Centers under which such ters offered conflicting advice or information for comment and after consulting with the centers will provide— regarding compliance with a Federal regula- Association (but not later than 180 days after ‘‘(A) access to information and resources, tion to 1 or more small business concerns; the date of enactment of this Act), the Ad- including current Federal and State non- and ministrator shall promulgate final regula- punitive compliance and technical assistance ‘‘(vi) any recommendations for improve- tions to carry out this Act, including regula- programs similar to those established under ments in the regulation of small business tions that establish— section 507 of the Clean Air Act Amendments concerns. (1) priorities for the types of assistance to of 1990; ‘‘(e) ELIGIBILITY.— be provided under the pilot program; September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8083 (2) standards relating to educational, tech- business owners access to information ministrator in the development of reg- nical, and support services to be provided by and resources, including current Fed- ulations needed to place the program participating Small Business Development eral and State programs designed to in operation, but at the same time en- Centers; provide small business owners with sure that the program is not unduly de- (3) standards relating to any national serv- ice delivery and support function to be pro- regulatory compliance assistance, layed by bureaucratic debate. vided by the Association under the pilot pro- training materials and educational ac- H.R. 4946 is a good bill, Mr. Speaker, gram; and tivities such as conferences and semi- that passed out of the committee (4) standards relating to any work plan nars, confidential free-of-charge one- unanimously. I ask my colleagues to that the Administrator may require a par- on-one in-depth counseling regarding support its passage. ticipating Small Business Development Cen- compliance assistance, technical as- Mr. Speaker, I reserve the balance of ter to develop. sistance, and referral to other experts my time. ´ The SPEAKER pro tempore. Pursu- such as professors in the university or Ms. VELAZQUEZ. Mr. Speaker, I ant to the rule, the gentleman from colleges where the participating SBDC yield myself such time as I may con- New York (Mr. SWEENEY) and the gen- is located. sume. tlewoman´ from New York (Ms. The SBDCs would track information Mr. Speaker, I rise today to express VELAZQUEZ) each will control 20 min- and H.R. 4946, as amended, would pro- my support for H.R. 4946 and commend utes. vide this information to the adminis- the gentleman from New York (Mr. The Chair recognizes the gentleman trator of the SBA for collection in a SWEENEY) for his work on addressing from New York (Mr. SWEENEY). clearinghouse. This will enable Federal one of the most pressing issues affect- Mr. SWEENEY. Mr. Speaker, I yield agencies and Congress to ensure con- ing small businesses, the need for clear myself such time as I may consume. sistency of regulatory compliance as- and understandable regulations. Mr. Speaker, I rise today to ask my sistance to small business. Small businesses support safe work- colleagues to support H.R. 4946, the Na- The cooperation envisioned by H.R. place regulations and the need for a tional Small Business Regulatory As- 4946 is not necessarily new. Some clean environment. They recognize sistance Act of 2000. Small Business Development Centers that these regulations are put in place This bill is intended to assist small already are thinking outside the box. not just for protection of their cus- business owners in their efforts to com- This bill will, however, help foster tomers and employees, but to protect ply with the onslaught of Federal regu- those relationships with different Fed- the business and the community as a lations which have substantially in- eral agencies. whole. The fact is regulatory issues are creased over the past 20 years. H.R. 4946 Mr. Speaker, I come to the floor with a major concern for small businesses. is designed to utilize the existing infra- firsthand knowledge of how effective And while this bill relieves some of the structure of Small Business Develop- this type of process can be. Before regulatory burden, there is more we ment Centers to provide regulatory being elected to Congress, I served as will need to do to ensure that the proc- counseling and coordination of Federal the Commissioner of Labor in New ess is fair and equitable. regulatory outreach to America’s small York State. I know firsthand the dif- However, what often frustrates them business community. ficulty that exists in trying to balance the most is the simple fact that the We know that the vast majority of the needs of running a small business regulations governing many of these small business owners are honest and and maintaining a safe working envi- areas have one common and disturbing hard-working people who want to do ronment and creating jobs. denominator: They are often too con- the right thing. Clearly, this bill is an While I was State Labor Commis- fusing and unload a heavier burden on effort to help these small business own- sioner, I instituted an exhaustive re- small businesses. Penalties, I might ers. Just think, Mr. Speaker, it is high- view process that resulted in a 30 per- add, that small businesses cannot af- ly unlikely that my colleagues or their cent reduction of outdated, unneces- ford to fight against, or in some cases staffs, or even the staffs of the commit- sary, duplicative or oppressive restric- pay the stiff fine the regulation often tees, read the Federal Register on a tions on New York’s businesses. imposes. daily basis. Yet that is what the gov- The result, after that reduction in To alleviate this problem, some agen- ernment asks small business owners to regulations, Mr. Speaker, was an in- cies like OSHA, EPA, and IRS provide do in order to determine which regula- crease in worker safety, an increase in compliance assistance aimed at helping tions affect them and what they must safety in the workplace. small businesses. And while these pro- do to comply with those regulations. As a former State regulator, I under- grams are very helpful, many business Let me give an example: The pro- stand that penalizing first and asking owners fear that if they seek any com- posed regulation to prevent ergonomic questions later is not necessarily the pliance assistance from these agencies, injuries is just 11 pages long; however, best use of a regulators’ time or their their businesses will be left open to OSHA admits that these 11 pages are resources. If the pilot programs prove possible fines and sanctions without not self-explanatory and determining successful, and given my experience in actually understanding the regulation the best method of complying will re- New York, I think they will, then we they violated. quire a small business owner to wade will be on our way to a win-win situa- To address this problem, the legisla- through nearly 1,500 pages of supple- tion for all involved. tion offered by the gentleman from mental explanation and economic anal- Mr. Speaker, before closing, let me New York sets up a pilot program in ysis. briefly mention the amendments made partnership the Nation’s Small Busi- Small business owners want to com- to the version reported out of com- ness Development Centers, SBDCs. It is ply with Federal regulations, but often mittee. After substantial discussion aimed at assisting small businesses in they simply do not have the time or with small business owners and Small complying with the array of regula- the expertise to determine how to com- Business Development Center direc- tions that exist. ply with proposed rules. This causes tors, it was determined that certain With locations in every community loss of revenue. Oftentimes, that rev- technical corrections were necessary to and a reputation for providing solid enue would be used to grow for jobs. fine tune the operation of the pilot pro- small business assistance, SBDCs will When that happens, Mr. Speaker, it grams. offer an additional avenue for helping hurts us all. First, the administrator of the SBA smaller companies understand and H.R. 4946, is designed to assist small will maintain the central clearing- comply with regulations. This proposal business owners navigate through the house of information and make reports makes good business sense, both for maze of Federal regulations which con- to the President and Congress. small companies and for the Federal tinue to pour forth from the Federal Second, to ensure that the assess- Government that serves a multitude of Government. H.R. 4946 would establish ment of the program is not biased, the interests. a pilot program in 20 Small Business General Accounting Office will provide Once again, I would like to commend Development Centers, SBDCs, through- a 3-year review of the program. the gentleman from New York (Mr. out the United States. These 20 centers And third, H.R. 4946, as amended, will SWEENEY) for his work on the com- would be charged with providing small provide significant guidance to the ad- mittee and on this critical issue. H8084 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Mr. Speaker, I yield 2 minutes to the scheduling a field hearing on this issue Capital Guarantee Program of the gentleman from Illinois (Mr. DAVIS). and bringing the bill to markup. I want Small Business Administration. The Mr. DAVIS of Illinois. Mr. Speaker, I to also thank the Committee on Small export working capital program pro- too want to commend and congratulate Business staff for all of their hard work vides a 90 percent guarantee for revolv- the gentleman from New York (Mr. on this legislation. ing capital needs covering up to SWEENEY) for introducing such a mean- I think the Small Business Regu- $750,000 for small business exporters. ingful piece of legislation. latory Assistance Act of 2000 is an im- However, this is a very underused All of us know that small businesses portant effort to help small businesses program. Only 429 international trade are, indeed, a backbone of the economy and small business owners comply with loans were facilitated by this program in this country. And we also know that Federal regulations. I urge my col- in 1999. The problem is that the SBA as we become more civilized, there is leagues to support it. I think this is a would like to be able to sell these loans need to protect the workplace and job-growing proposition. on the secondary market. However, make it as worker friendly as we pos- Mr. Speaker, I yield back the balance secondary market sales of guaranteed sibly can, to make it as safe for those of my time. loans are conducted infrequently. Cur- who work as we can. The SPEAKER pro tempore. The rent law requires that all 7(a) loans, in- That means standards. In many in- question is on the motion offered by cluding export working capital loans, stance those small businesses have dif- the gentleman from New York (Mr. must be fully disbursed to the borrower ficulty complying because of not hav- SWEENEY) that the House suspend the prior to becoming included in the sec- ing the person-power to figure out how rules and pass the bill, H.R. 4946, as ondary market sale. to comply meaningfully with the regu- amended. Export working capital loans are lation. Or they may not have the The question was taken; and (two- often approved, disbursed, and repaid money, the resources, the cash flow. thirds having voted in favor thereof) so quickly that they miss the window This bill provides an opportunity to the rules were suspended and the bill, of opportunity for inclusion in a sec- assist small businesses to be in compli- as amended, was passed. ondary market sale. ance, to know how to comply, and to A motion to reconsider was laid on The purpose of the Export Working do it well. It is a good piece of legisla- the table. Capital Loan Improvement Act of 2000 tion. Again, I commend the gentleman f is to exempt export working capital from New York and urge all Members loans from the disbursement require- to support it. GENERAL LEAVE ment under the SBA’s 7(a) loan pro- Mr. SWEENEY. Mr. Speaker, I re- Mr. SWEENEY. Mr. Speaker, I ask gram. This change will allow export working capital loans to be sold to the serve the balance´ of my time. unanimous consent that all Members Ms. VELAZQUEZ. Mr. Speaker, I may have 5 legislative days within secondary market. Passage of H.R. 4944 yield myself such time as I may con- which to revise and extend their re- hopefully will free up more trade fi- sume. marks and to include extraneous mate- nancing for small business exporters. Mr. Speaker, today, we have taken a rial on H.R. 4946. b 1215 The SPEAKER pro tempore. Is there big step toward helping businesses deal The lack or the complexity of trade objection to the request of the gen- with the issue of regulatory burden. finance is a major barrier to small tleman from New York? Unfortunately for many small compa- businesses. nies today, the added weight of govern- There was no objection. Last month, I participated in a forum ment regulations can cost many busi- f in Rockford, Illinois, in the district I ness owners serious long-term financial EXPORT WORKING CAPITAL LOAN represent, a forum which was spon- hardship. IMPROVEMENT ACT OF 2000 sored by the Office of International This bill will take a big step toward Trade at the SBA to encourage more Mr. MANZULLO. Mr. Speaker, I making regulatory compliance a man- local banks to become interested in move to suspend the rules and pass the ageable task for small businesses. How- trade finance. This is a difficult proc- bill (H.R. 4944) to amend the Small ever, while this bill achieves a number ess, because even in this era of Business Act to permit the sale of of objectives, there is more we need to globalization, many bankers are still guaranteed loans made for export pur- do to provide a better understanding of not quite sure how they can be repaid poses before the loans have been fully the entire Federal regulatory system. for international loans. disbursed to borrowers. Again, I commend the gentleman H.R. 4944 will remove the uncertainty The Clerk read as follows: from New York (Mr. SWEENEY) for his for small or international trade loans hard work on this bill, and I look for- H.R. 4944 administered by the SBA. The bill will ward to working with him and other Be it enacted by the Senate and House of Rep- make trade finance a more attractive members of the committee as we move resentatives of the United States of America in option for banks. Increasing the avail- Congress assembled, this entire process forward. ability of export finance thus will en- Mr. Speaker, I yield back the balance SECTION 1. SHORT TITLE. courage more small businesses to enter This Act may be cited as the ‘‘Export of my time. into the trade arena. Mr. SWEENEY. Mr. Speaker, I yield Working Capital Loan Improvement Act of 2000’’. Mr. Speaker, if my colleagues have myself such time as I may consume. seen the recent headlines about U.S. Mr. Speaker, in closing I want to SEC. 2. SALE OF GUARANTEED LOANS MADE FOR EXPORT PURPOSES. trade deficits hitting another record, thank the gentlewoman´ from New Section 5(f)(1)(C) of the Small Business Act we must be concerned, as I am, about York (Ms. VELAZQUEZ), my colleague (15 U.S.C. 634(f)(1)(C)) is amended to read as our national export strategy. For the and friend, the ranking member of the follows: month of July, U.S. exports dropped 1.5 committee, for her support throughout ‘‘(C) each loan, except each loan made percent. this process, as well as the gentleman under section 7(a)(14), shall have been dis- While this bill is surely not a cure-all from Illinois (Mr. DAVIS). I would just bursed to the borrower prior to any sale.’’. to this program, it is one small step we point out that all three of us, as do The SPEAKER pro tempore. Pursu- can take to encourage more lenders to many of the members of the com- ant to the rule, the gentleman from Il- offer trade finance to small business mittee, represent districts that sub- linois (Mr. MANZULLO) and the gentle- exporters. stantially rely on the small business woman´ from New York (Ms. Mr. Speaker, I urge my colleagues to community to create jobs in their VELAZQUEZ) each will control 20 min- support me and join me in voting for areas. Especially those areas in a dis- utes. the Export Working Capital Loan Im- trict like mine that happens to be eco- The Chair recognizes the gentleman provement Act of 2000. nomically depressed or finding itself at from Illinois (Mr. MANZULLO). Mr. Speaker, I reserve the balance of times in real competition as the world Mr. MANZULLO. Mr. Speaker, I yield my time. ´ changes in terms of the economy. myself such time as I may consume. Ms. VELAZQUEZ. Mr. Speaker, I I also want to thank the gentleman Mr. Speaker, H.R. 4944 makes a tech- yield myself such time as I may con- from Missouri (Chairman TALENT) for nical correction to the Export Working sume. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8085 Mr. Speaker, I rise in strong support Mr. Speaker, I rise in strong support It creates partnerships with the Fed- of H.R. 4944, the Export Working Cap- of H.R. 4944, the Export Working Cap- eral agencies to encourage them to in- ital Loan Improvement Act of 2000. The ital Loan Improvement Act. The Ex- crease outreach efforts to small busi- change proposed in this bill will make port Working Capital Loan Improve- nesses which will improve compliance an exception to the requirement that ment Act of 2000 makes a technical cor- with regulations and establish a mech- export working capital loans will fully rection to the Small Business Act that anism for unbiased feedback from be disbursed before they can be sold on will enable the Small Business Admin- SBDCs to Federal agencies on regu- the secondary market. istration to sell export working capital latory environment. This exception would only be carved loans on the secondary market. Specifically, H.R. 4946 will establish a out for export working capital loans This program provides transaction- pilot program that sets 20 SBDCs as and will not apply to any other SBA specific financing of loans of $833,333 or points of contact and advice for small loan programs. This change is nec- less. Small business exporters may use businesses with concerns about regu- essary so that SBA can sell export this program for preexport financing of latory compliance. working capital loans on the secondary labor and materials, financing receiv- The selected SBDCs will coordinate market. Selling loans on the secondary ables generated from these sales and/or and develop partnerships with Federal market is an important part of the standby letters of credit used as per- agencies for the provision of much- SBA’s financial planning, as it keeps formance bonds or payment guarantees needed advice to small businesses. The the subsidy rate for the loan programs to foreign buyers. SBDCs will be charged with sending in- Enabling the sale of these loans on down, therefore requiring less direct formation obtained from Federal agen- the secondary market will increase the appropriation from Congress. cies concerning contradictory or con- attractiveness of export working cap- Mr. Speaker, the Export Working fusing advice on regulations to the Na- ital loans to lenders to be used as per- Capital Program, a combined effort of tional Association of Small Business the SBA and the Ex-Im Bank, is an im- formance bonds or payment guarantees to foreign buyers. Development Centers. The ASBDCs portant program that provides short- will then prepare a report for the Presi- term working capital to small business It would relieve them of the cost of servicing and paperwork on small dent, the Small Business Regulatory exporters. The two agencies have Enforcement Fairness Ombudsman, joined their working capital programs short-term loans. While the authority exists to sell export working capital and the House and Senate Small Busi- to offer an efficient, unified approach loans, secondary market sales of SBA ness Committees. to the Federal Government’s support of guaranteed loans are conducted infre- Mr. Speaker, with so many small export financing. businesses overwhelmed by growing The technical change in this bill is quently, which create a technical prob- lem affecting these short-term loans. and constantly changing State, Fed- important to the long-term stability of Mr. Speaker, H.R. 4944 streamlines eral, and local regulatory requirements the Export Working Capital Loan Pro- the entire process. The committee and in fear of penalties for noncompli- gram, and, more importantly, to the changes are simply the latest in a se- ance, the time has come, Mr. Speaker, small businesses that use the program. ries of Small Business Administration for Congress to help these businesses According to a joint SBA and Com- program enhancements designed to understand and comply with the var- merce Department study, nearly 97 per- meet small businesses’ needs for a sim- ious regulations. cent of the U.S. firms engage in export- ple process with flexible requirements In the past 20 years, the Federal Reg- ing our small businesses. This same and fast delivery of financing. ister, which lists all of the regulations study shows that small business ac- Again, I want to commend the Com- and changes, grew from 42,000 to a counts for nearly one-third of total mittee on Small Business for its bipar- record rate of 73,879 pages in 1999. U.S. export sales. tisan work. I want to commend and Small businesses want to comply with And according to U.S. Census Bureau congratulate the gentleman from Illi- the numerous regulations, but they data, about 88 percent of the U.S. com- nois (Mr. MANZULLO) for an important often just do not know what to do. panies engage in exporting are small piece of legislation, because what he The National Small Business Regu- business with fewer than 100 employ- has done has simply been to take a ees. Small businesses are the engine latory Assistance Act will offer these good program and make it better. small businesses critical assistance by driving our economy; as such, small Mr. MANZULLO. Mr. Speaker, I re- business exporters play an important turning confusion into clarity through serve the balance´ of my time. these pilot programs. role in our economic success. Ms. VELAZQUEZ. Mr. Speaker, I I urge my colleagues to support me Mr. Speaker, I would like to com- yield 3 minutes to the gentlewoman and all of those who work on small mend the sponsor of the bill, the gen- from California (Ms. MILLENDER- businesses to pass this very good and tleman from Illinois (Mr. MANZULLO), MCDONALD). for bringing this matter to our atten- Ms. MILLENDER-MCDONALD. Mr. common sense legislation. Mr. Speaker, I support the Export Working tion. This problem is an example of the Speaker, I thank the gentlewoman´ unintended consequences that statutes from New York (Ms. VELAZQUEZ) for Capital Loan Improvement Act because it will can have, and it says a lot about the yielding the time to me. Let me also implement crucial technical changes which will nature of the Committee on Small join the refrain and thank the gen- streamline the entire small business loan proc- Business that we caught the problem tleman from Illinois (Mr. MANZULLO), ess and help America's dedicated small busi- and are working to correct it in a bi- chairman of the Subcommittee on Tax, ness owners continue to grow and stimulate partisan manner. Finance and Exports, as well as the our strong economy. Again, I support the legislation. gentleman from Missouri (Mr. TALENT), Small firms represent 97 percent of all com- Mr. Speaker, I reserve the balance of chairman of the Committee on Small panies working within the United States im- my time. Business, and the gentlewoman´ from port/export marketplace. Small businesses ac- Mr. MANZULLO. Mr. Speaker, I have New York (Ms. VELAZQUEZ), the rank- count for nearly one-third of total U.S. export no more speakers, and I reserve the ing member, for their leadership in sales and approximately 88 percent of the balance of my´ time. bringing forth this outstanding piece of U.S. companies engaged in exporting are Ms. VELAZQUEZ. Mr. Speaker, I legislation. small business with fewer than 100 employ- yield 2 minutes to the gentleman from Mr. Speaker, as the ranking member ees. The Export Working Capital Program Illinois (Mr. DAVIS). of the Subcommittee on Empower- [ECWP] loan program is designed to provide (Mr. DAVIS of Illinois asked and was ment, I rise in strong support of the short-term ``working capital'' loans for small given permission to revise and extend National Small Business Regulatory businesses in the import/export business. The his remarks.) Assistance Act. This bill will offer current ECWP loan process allows the Small Mr. DAVIS of Illinois. Mr. Speaker, I, small businesses a voluntary, confiden- Business Administration to only sell loans on first of all, want to commend my col- tial and nonpunitive way to obtain as- the secondary market if the loan has been league, the gentleman from Illinois sistance in complying with regulations fully disbursed to the borrower. This creates a (Mr. MANZULLO), for introducing this through the small business develop- quandary for the SBA and the EWCP because legislation. ment centers. the SBA only makes loan disbursements once H8086 CONGRESSIONAL RECORD — HOUSE September 26, 2000 a month for all of its loan programs. Also the Sec. 105. Filing costs for criminal charges bus Crime Control and Safe Streets Act of EWCP loans tend to be very short-term Sec. 106. Elder abuse, neglect, and exploi- 1968 (42 U.S.C. 3796gg–2(1)) is amended to read loansÐoften less than a year in length. As a tation. as follows: ‘‘(1) the term ‘domestic violence’ includes result, many small businesses owners are left Subtitle B—National Domestic Violence Hotline acts or threats of violence, not including to squander for critical dollars in order to acts of self-defense, committed by a current maintain their businesses. By providing an ex- Sec. 111. Reauthorization. Sec. 112. Technical amendments. or former spouse of the victim, by a person ception that would allow SBA to sell these with whom the victim shares a child in com- loans into the secondary market, the SBA will Subtitle C—Battered Women’s Shelters and mon, by a person who is cohabiting with or Services be able to improve its long-term financial plan- has cohabited with the victim, by a person ning and streamline loan operations for import/ Sec. 121. Short title. similarly situated to a spouse of the victim Sec. 122. Authorization of appropriations for export businesses. While this may appear to under the domestic or family violence laws family violence prevention and of the jurisdiction, or by any other person be a small change, this legislation will expand services. against a victim who is protected from that SBA's ability to reach into every sector of the Sec. 123. FVPSA improvements. person’s acts under the domestic or family economy and to help more small business Sec. 124. Transitional housing assistance for violence laws of the jurisdiction;’’. owners. victims of domestic violence. (2) OMNIBUS CRIME CONTROL AND SAFE I urge my colleagues to join me in voting for Subtitle D—Community Initiatives STREETS ACT.—Section 2105(1) of the Omni- America's hard working small business owners Sec. 131. Grants for community initiatives. bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–4(1)) is amended to read by voting ``yes'' on Export Working Capital Subtitle E—Education and Training for as follows: Loan Improvement´ Act. Judges and Court Personnel Ms. VELAZQUEZ. Mr. Speaker, I ‘‘(1) the term ‘domestic violence’ includes Sec. 141. Reauthorization. acts or threats of violence, not including yield back the balance of my time. Subtitle F—Grants To Encourage Arrest acts of self-defense, committed by a current Mr. MANZULLO. Mr. Speaker, I yield Policies or former spouse of the victim, by a person back the balance of my time. Sec. 151. Reauthorization. with whom the victim shares a child in com- The SPEAKER pro tempore (Mr. Sec. 152. Technical amendment. mon, by a person who is cohabiting with or SIMPSON). The question is on the mo- Subtitle G—Rural Domestic Violence and has cohabited with the victim, by a person tion offered by the gentleman from Illi- Child Abuse Enforcement similarly situated to a spouse of the victim under the domestic or family violence laws nois (Mr. MANZULLO) that the House Sec. 161. Reauthorization. suspend the rules and pass the bill, of the jurisdiction, or by any other person Sec. 162. Technical amendments. against a victim who is protected from that H.R. 4944. Subtitle H—National Stalker and Domestic person’s acts under the domestic or family The question was taken; and (two- Violence Reduction violence laws of the jurisdiction; and’’. thirds having voted in favor thereof) Sec. 171. Technical amendments. (b) INDIAN COUNTRY.—Section 2003(2) of the the rules were suspended and the bill Sec. 172. Reauthorization. Omnibus Crime Control and Safe Streets Act was passed. Subtitle I—Federal Victims’ Counselors of 1968 (42 U.S.C. 3796gg–2(1)) is amended to read as follows: A motion to reconsider was laid on Sec. 181. Reauthorization. the table. ‘‘(2) the term ‘Indian country’ has the Subtitle J—Victims of Child Abuse Programs same meaning as is given such term by sec- f Sec. 191. Reauthorization of court-appointed tion 1151 of title 18, United States Code;’’. GENERAL LEAVE special advocate program. (c) STALKING.—Section 2003 of the Omnibus Sec. 192. Reauthorization of child abuse Crime Control and Safe Streets Act of 1968 Mr. MANZULLO. Mr. Speaker, I ask training programs for judicial (42 U.S.C. 3796gg–2) is amended by striking unanimous consent that all Members personnel and practitioners. the period at the end of paragraph (8) and in- may have 5 legislative days within Sec. 193. Reauthorization of grants for tele- serting a semicolon and by adding after para- which to revise and extend their re- vised testimony. graph (8) the following: marks and include extraneous material Sec. 194. Dissemination of information. ‘‘(9) the term ‘stalking’ means engaging in conduct that is directed at an individual on H.R. 4944. TITLE II—SEXUAL ASSAULT PREVENTION with the intent to injure and harass the indi- The SPEAKER pro tempore. Is there vidual and which places the individual in objection to the request of the gen- Sec. 201. Transfer of rape prevention and education program. reasonable fear of the death of, or serious tleman from Illinois? Sec. 202. Rape prevention education. bodily injury to, that individual, a member There was no objection. Sec. 203. Sexual assault and interpersonal of that individual’s immediate family or f violence; demonstration that individual’s intimate partner;’’. projects. (d) UNDERSERVED POPULATIONS.—Section 2003(7) of the Omnibus Crime Control and VIOLENCE AGAINST WOMEN ACT TITLE III—OTHER DOMESTIC VIOLENCE Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(7) OF 2000 PROGRAMS is amended to read as follows: Mr. HYDE. Mr. Speaker, I move to Subtitle A—Strengthening Services to ‘‘(7) the term ‘underserved populations’ in- suspend the rules and pass the bill Victims of Violence cludes populations underserved because of (H.R. 1248) to prevent violence against Sec. 301. Civil legal assistance for victims. geographic location (such as rural isolation), women, as amended. Subtitle B—Limiting the Effects of Violence underserved racial and ethnic populations, The Clerk read as follows: on Children populations underserved because of special needs (such as language barriers, disabilities, H.R. 1248 Sec. 305. Safe havens for children pilot pro- or age), and any other population determined gram. Be it enacted by the Senate and House of Rep- to be underserved by the State planning resentatives of the United States of America in Subtitle C—Protections Against Violence process in consultation with the Attorney Congress assembled, and Abuse for Women with Disabilities General;’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 310. Findings. (e) DOMESTIC VIOLENCE COALITION.—Section (a) SHORT TITLE.—This Act may be cited as Sec. 311. Omnibus Crime Control and Safe 2003 of the Omnibus Crime Control and Safe the ‘‘Violence Against Women Act of 2000’’. Streets Act of 1968. Streets Act of 1968 (42 U.S.C. 3796gg–2), as (b) TABLE OF CONTENTS.—The table of con- Sec. 312. Violence Against Women Act. amended by subsection (c), is amended by tents for this Act is as follows: Sec. 313. Grants for technical assistance. adding after paragraph (9) the following: Sec. 1. Short title; table of contents. Subtitle D—Standards, Practice, and ‘‘(10) the term ‘domestic violence coalition’ Sec. 2. Definitions. Training for Sexual Assault Examinations means a statewide (except in the case of a coalition within lands under tribal author- TITLE I—CONTINUING THE COMMITMENT Sec. 315. Short title. ity) nonprofit, nongovernmental membership OF THE VIOLENCE AGAINST WOMEN ACT Sec. 316. Standards, practice, and training for sexual assault forensic ex- organization of a majority of domestic vio- Subtitle A—Law Enforcement and Prosecu- aminations. lence programs within the State, common- tion Grants To Combat Violence Against wealth, territory, or lands under military, Subtitle E—Domestic Violence Task Force Women Federal, or tribal authority that among Sec. 101. Reauthorization. Sec. 320. Domestic Violence Task Force. other activities provides training and tech- Sec. 102. Technical amendments. SEC. 2. DEFINITIONS. nical assistance to domestic violence pro- Sec. 103. State coalition grants. (a) DOMESTIC VIOLENCE.— grams within the State, commonwealth, ter- Sec. 104. Full faith and credit enforcement (1) OMNIBUS CRIME CONTROL AND SAFE ritory, or lands under military, Federal, or of protection orders. STREETS ACT.—Section 2003(1) of the Omni- tribal authority;’’. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8087

(f) SEXUAL ASSAULT COALITION.—Section of 1968 (42 U.S.C. 3796gg–1(e)) is amended by services, except that such term shall not in- 2003 of the Omnibus Crime Control and Safe adding at the end the following new para- clude programs or activities that are tar- Streets Act of 1968 (42 U.S.C. 3796gg–2), as graph: geted primarily for offenders’’. amended by subsection (e), is amended by ‘‘(3) REALLOTMENT OF FUNDS.— (f) INDIAN TRIBAL GRANTS.—Section adding after paragraph (10) the following: ‘‘(A) If, at the end of the 9th month of any 2002(b)(1) of the Omnibus Crime Control and ‘‘(11) the term ‘sexual assault coalition’ fiscal year for which funds are appropriated Safe Streets Act of 1968 (42 U.S.C. 3796gg– means a statewide (except in the case of a under section 1001(a)(18), the amounts made 1(b)(1)) is amended by striking ‘‘4 percent’’ coalition within lands under tribal author- available are unspent or unobligated, such and inserting ‘‘5 percent’’. ity) nonprofit, nongovernmental membership unspent or unobligated funds shall be real- (g) MEDICAL COST REIMBURSEMENT.—Sec- organization of a majority of sexual assault lotted to the current fiscal year recipients in tion 2005(b)(3) of the Omnibus Crime Control programs within the State, commonwealth, the victim services area pursuant to section and Safe Streets Act of 1968 (42 U.S.C. 3796gg– territory, or lands under military, Federal, 2002(c)(3) proportionate to their original al- 4(b)(3)) is amended— or tribal authority that among other activi- lotment for the current fiscal year. (1) by striking ‘‘and’’ at the end of subpara- ties provides training and technical assist- ‘‘(B) For the first 2 fiscal years following graph (C); ance to sexual assault programs within the the date of the enactment of the Violence (2) by striking the period at the end of sub- State, commonwealth, territory, or lands Against Women Act of 2000, the Attorney paragraph (D) and inserting ‘‘; and’’; and under military, Federal, or tribal authority; General may waive the qualification require- (3) by inserting after subparagraph (D) the and’’. ments of section 2002(c)(3), at the request of following: (g) DATING VIOLENCE.— the State and with the support of law en- ‘‘(E) the reimbursement is not contingent (1) SECTION 2003.—Section 2003 of the Omni- forcement, prosecution, and victim services upon the victim’s report of the sexual as- bus Crime Control and Safe Streets Act of grantees currently funded under this section, sault to law enforcement or upon the vic- 1968 (42 U.S.C. 3996gg–2), as amended by sub- if the reallocation of funds among law en- tim’s cooperation in the prosecution of the section (f), is amended by adding after para- forcement, prosecution, victim services, and sexual assault.’’. graph (11) the following: State and local court systems mandated by (h) STATE AND LOCAL COURTS.—Section ‘‘(12) The term ‘dating violence’ means vio- this Act adversely impacts victims of sexual 2002(a) of the Omnibus Crime Control and lence committed by a person— assault, domestic violence, and stalking, due Safe Streets Act of 1968 (42 U.S.C. 3796gg– ‘‘(A) who is or has been in a social relation- to the reduction of funds to programs and 1(a)) is amended by inserting ‘‘, State and ship of a romantic or intimate nature with services funded under this section in the local courts’’ after ‘‘States’’ the second time the victim; and prior fiscal year. Any waiver granted under it appears. ‘‘(B) where the existence of such a relation- this subparagraph shall not diminish the al- (i) INFORMATION REPORTING.—Section ship shall be determined based on a consider- location of any State for victim services.’’. 2001(b)(4) of the Omnibus Crime Control and ation of the following factors: (c) EXPANDED GRANT PURPOSES.—Section Safe Streets Act of 1968 (42 U.S.C. ‘‘(i) the length of the relationship; 2001(b) of the Omnibus Crime Control and 3796gg(b)(4)) is amended by adding before the ‘‘(ii) the type of relationship; and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) semicolon the following: ‘‘, including the re- ‘‘(iii) the frequency of interaction between is amended— porting of such information to the National the persons involved in the relationship.’’. (1) in paragraph (1), by striking ‘‘sexual as- Instant Criminal Background Check Sys- (2) SECTION 2105.—Section 2105 of the Omni- sault and domestic violence’’ and inserting tem’’. bus Crime Control and Safe Streets Act of ‘‘sexual assault, domestic violence, and dat- SEC. 103. STATE COALITION GRANTS. ing violence’’; 1968 (42 U.S.C. 3796hh–4) is amended by strik- Section 2001 of the Omnibus Crime Control (2) in paragraph (5), by striking ‘‘sexual as- ing ‘‘and’’ at the end of paragraph (1), by and Safe Streets Act of 1968 (42 U.S.C. 3796gg) sault and domestic violence’’ and inserting striking the period at the end of paragraph is amended by inserting after subsection (b) ‘‘sexual assault, domestic violence, and dat- (2) and inserting ‘‘; and’’, and by adding after the following new subsection: paragraph (2) the following: ing violence’’; ‘‘(c) GRANTS.— ‘‘(3) the term ‘dating violence’ means vio- (3) by striking ‘‘and’’ at the end of para- ‘‘(1) TO COALITIONS.—The Attorney General graph (6); and lence committed by a person— shall make grants to each of the State do- (4) by redesignating paragraph (7) as para- ‘‘(A) who is or has been in a social relation- mestic violence and sexual assault coalitions graph (10) and by inserting after paragraph ship of a romantic or intimate nature with in the State for the purposes of coordinating (6) the following new paragraphs: the victim; and State victim services activities, and collabo- ‘‘(7) developing, enlarging, or strength- ‘‘(B) where the existence of such a relation- rating and coordinating with Federal, State, ening State and local court programs, in- ship shall be determined based on a consider- and local entities engaged in violence cluding training for State, local, and tribal ation of the following factors: against women activities. In no case will judges and court personnel, addressing vio- ‘‘(i) the length of the relationship; such awards preclude the State domestic vio- lent crimes against women, including sexual ‘‘(ii) the type of relationship; and lence and sexual assault coalitions from re- assault, domestic violence, and stalking; ‘‘(iii) the frequency of interaction between ceiving grants under this part to fulfill the ‘‘(8) training of sexual assault forensic the persons involved in the relationship.’’. purposes described in subsections (a) and (b). medical personnel examiners in the collec- TITLE I—CONTINUING THE COMMITMENT ‘‘(2) PERCENT ALLOCATIONS.—Domestic vio- tion and preservation of evidence, analysis, OF THE VIOLENCE AGAINST WOMEN ACT lence coalitions and sexual assault coalitions prevention, and providing expert testimony Subtitle A—Law Enforcement and Prosecu- shall each receive not less than two and one- and treatment of trauma related to sexual tion Grants To Combat Violence Against half percent of the funds appropriated for a assault; Women fiscal year under section 1001(a)(18) for the ‘‘(9) supporting the development of sexual purposes described in paragraph (1). SEC. 101. REAUTHORIZATION. assault response teams to strengthen the in- Section 1001(a)(18) of the Omnibus Crime ‘‘(3) GEOGRAPHICAL ALLOTMENT.— vestigation of sexual assaults and coordinate Control and Safe Streets Act of 1968 (42 ‘‘(A) AMOUNT.—The domestic violence and services for victims of sexual assault; and’’. U.S.C. 3793(a)(18)) is amended— sexual assault coalition in each State, the (d) MONITORING AND COMPLIANCE.—Section (1) by striking ‘‘and’’ at the end of subpara- 2002 of the Omnibus Crime Control and Safe District of Columbia, the Commonwealth of graph (E); Streets Act of 1968 (42 U.S.C. 3796gg–1) is Puerto Rico, and the combined United States (2) by striking the period at the end of sub- amended by redesignating subsections (e), Territories shall each receive an amount 1 paragraph (F) and inserting a semicolon; and (f), (g), and (h) as subsections (f), (g), (h), and equal to ⁄54 of the amount made available (3) by inserting after subparagraph (F) the (i), respectively, and by inserting after sub- under paragraph (2). The combined United following: section (d) the following: States Territories shall not receive less than ‘‘(G) $185,000,000 for fiscal year 2001; ‘‘(e) MONITORING AND COMPLIANCE.—The At- 1.5 percent of the funds made available under ‘‘(H) $185,000,000 for fiscal year 2002; torney General shall deny applications— paragraph (2) for each fiscal year and the ‘‘(I) $185,000,000 for fiscal year 2003; ‘‘(1) that do not meet the requirements set tribal domestic violence and sexual assault ‘‘(J) $195,000,000 for fiscal year 2004; and forth in subsections (c) and (d); and coalitions shall not receive less than 1.5 per- ‘‘(K) $195,000,000 for fiscal year 2005.’’. ‘‘(2) for failure to provide documentation, cent of the funds made available under para- SEC. 102. TECHNICAL AMENDMENTS. including memoranda of understanding, con- graph (2) for each fiscal year. (a) GRANT ALLOCATION.—Section 2002(c)(3) tract, or other documentation of any col- ‘‘(B) DEFINITION.—For the purposes of this of the Omnibus Crime Control and Safe laborative efforts with other agencies or or- section, the term ‘combined United States Streets Act of 1968 (42 U.S.C. 3796gg–1(c)(3)) is ganizations.’’. Territories’ means Guam, American Samoa, amended to read as follows: (e) VICTIM SERVICES.—Section 2003(8) of the United States Virgin Islands, the North- ‘‘(3) at least 50 percent is allocated to Omnibus Crime Control and Safe Streets Act ern Mariana Islands, and the Trust Territory grants for law enforcement, prosecution, and of 1968 (42 U.S.C. 3796gg–2(8)) is amended by of the Pacific Islands. State and local court systems and at least 35 striking ‘‘assisting domestic violence or sex- ‘‘(C) INDIANS.—1⁄54 of the amount appro- percent is allocated for victim services; ual assault victims through the legal proc- priated shall be made available for develop- and’’. ess’’ and inserting ‘‘providing advocacy and ment and operation of nonprofit nongovern- (b) REALLOTMENT.—Section 2002(e) of the assistance for victims seeking abuse-related mental tribal domestic violence and sexual Omnibus Crime Control and Safe Streets Act health care services and legal and social assault coalitions in Indian country. H8088 CONGRESSIONAL RECORD — HOUSE September 26, 2000

‘‘(4) DISBURSEMENT OF GEOGRAPHICAL AL- (1) IN GENERAL.—Section 2101 of part U of term by section 2105 of the Omnibus Crime LOTMENTS.—50 percent of the 1⁄54 allotted to title I of the Omnibus Crime Control and Control and Safe Streets Act of 1968 (42 each State, the District of Columbia, Com- Safe Streets Act of 1968 (42 U.S.C. 3796hh) is U.S.C. 3796hh–4). monwealth of Puerto Rico, the combined amended— ‘‘(3) SEXUAL ASSAULT.—The term ‘sexual United States Territories, and Indian coun- (A) in subsection (c), by striking paragraph assault’ has the meaning given the term in try under paragraph (3) shall be made avail- (4) and inserting the following: section 2003 of the Omnibus Crime Control able to the domestic violence coalition as de- ‘‘(4) certify that their laws, policies, and and Safe Streets Act of 1968 (42 U.S.C. 3796gg– fined in section 2003(10) of this Act and 50 practices do not require, in connection with 2). percent shall be made available to the sexual the prosecution of any misdemeanor or fel- ‘‘SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS assault coalition as defined in section ony domestic violence offense, or in connec- ON ELDER ABUSE, NEGLECT, AND 2003(11) of this Act; and tion with the filing, issuance, registration, EXPLOITATION. ‘‘(5) COMPONENT ELIGIBILITY.—In the case or service of a protection order to protect a ‘‘The Attorney General shall make grants of combined domestic violence and sexual as- victim of domestic violence, stalking, or sex- to law school clinical programs for the pur- sault coalitions, each component shall be ual assault, that the victim bear the costs poses of funding the inclusion of cases ad- deemed eligible for the awards for sexual as- associated with the filing of criminal dressing issues of elder abuse, neglect, and sault and domestic violence activities, re- charges against the offender, or the costs as- exploitation, including domestic violence spectively. sociated with the filing, issuance, registra- and sexual assault, against older or disabled ‘‘(6) APPLICATION.—In the application sub- individuals. mitted by a coalition for the grant, the coa- tion, or service of a warrant, protection lition provides assurances satisfactory to the order, or witness subpoena, whether issued ‘‘SEC. 40803. TRAINING PROGRAMS FOR LAW EN- Attorney General that the coalition— inside or outside the State, tribal, or local FORCEMENT OFFICERS. ‘‘(A) has actively sought and encouraged jurisdiction.’’; and ‘‘The Attorney General shall develop cur- the participation of law enforcement agen- (B) by adding at the end the following: ricula and offer, or provide for the offering cies and other legal or judicial entities in the ‘‘(d) DEFINITION.—In this section, the term of, training programs to assist law enforce- preparation of the application; and ‘protection order’ has the meaning given the ment officers, prosecutors, and relevant offi- ‘‘(B) will actively seek and encourage the term in section 2266 of title 18, United States cers of Federal, State, and local courts in participation of such entities in the activi- Code.’’. recognizing, addressing, investigating, and ties carried out with the grant.’’. (2) APPLICATION FOR GRANTS TO ENCOURAGE prosecuting instances of elder abuse, neglect, ARREST POLICIES.—Section 2102(a)(1)(B) of SEC. 104. FULL FAITH AND CREDIT ENFORCE- and exploitation, including domestic vio- MENT OF PROTECTION ORDERS. part U of title I of the Omnibus Crime Con- lence and sexual assault, against older or (a) IN GENERAL.—Part U of title I of the trol and Safe Streets Act of 1968 (42 U.S.C. disabled individuals. Omnibus Crime Control and Safe Streets Act 3796hh–1(a)(1)(B)) is amended by striking ‘‘2 ‘‘SEC. 40804. AUTHORIZATION OF APPROPRIA- of 1968 (42 U.S.C. 3796hh et seq.) is amended— years of the date of enactment of this part’’ TIONS. (1) in the heading, by adding ‘‘AND EN- and inserting ‘‘the expiration of the 1-year ‘‘There are authorized to be appropriated FORCEMENT OF PROTECTION ORDERS’’ period beginning on the date of enactment of $15,000,000 for each of the fiscal years 2001 at the end; the Violence Against Women Act of 2000’’. through 2005 to carry out this subtitle.’’. (2) in section 2101(b)— SEC. 105. FILING COSTS FOR CRIMINAL CHARGES Subtitle B—National Domestic Violence (A) in paragraph (6), by inserting ‘‘(includ- Section 2006 of part T of title I of the Om- Hotline ing juvenile courts)’’ after ‘‘courts’’; and nibus Crime Control and Safe Streets Act of SEC. 111. REAUTHORIZATION. (B) by adding at the end the following: 1968 (42 U.S.C. 3796gg–5) is amended— ‘‘(7) To provide technical assistance and (A) in the heading, by striking ‘‘FILING’’ Section 316(f)(1) of the Family Violence computer and other equipment to police de- and inserting ‘‘AND PROTECTION ORDERS’’ Prevention and Services Act (42 U.S.C. partments, prosecutors, courts, and tribal ju- after ‘‘CHARGES’’; 10416(f)(1)) is amended to read as follows: risdictions to facilitate the widespread en- (B) in subsection (a)— ‘‘(1) IN GENERAL.—There are authorized to forcement of protection orders, including (i) by striking paragraph (1) and inserting be appropriated to carry out the purposes of interstate enforcement, enforcement be- the following: this section— tween States and tribal jurisdictions, and en- ‘‘(1) certifies that its laws, policies, and ‘‘(A) $1,600,000 for fiscal year 2001; forcement between tribal jurisdictions.’’; and practices do not require, in connection with ‘‘(B) $1,800,000 for fiscal year 2002; (3) in section 2102— the prosecution of any misdemeanor or fel- ‘‘(C) $2,000,000 for fiscal year 2003; and (A) in subsection (b)— ony domestic violence offense, or in connec- ‘‘(D) $2,000,000 for fiscal year 2004.’’. (i) in paragraph (1), by striking ‘‘and’’ at tion with the filing, issuance, registration, SEC. 112. TECHNICAL AMENDMENTS. the end; or service of a protection order to protect a Section 316 of the Family Violence Preven- (ii) in paragraph (2), by striking the period victim of domestic violence, stalking, or sex- tion and Services Act (42 U.S.C. 10416) is at the end and inserting ‘‘, including the en- ual assault, that the victim bear the costs amended by redesignating subsection (f) as forcement of protection orders from other associated with the filing of criminal subsection (g) and by inserting after sub- States and jurisdictions (including tribal ju- charges against the offender, or the costs as- section (e) the following: risdictions);’’; and sociated with the filing, issuance, registra- ‘‘(f) REPORTS.—Within 90 days after the (iii) by adding at the end the following: tion, or service of a warrant, civil or crimi- date of the enactment of the Violence ‘‘(3) have established cooperative agree- nal protection order, or witness subpoena, Against Women Act of 2000, all entities re- ments or can demonstrate effective ongoing whether issued inside or outside the State, ceiving funds pursuant to activities under collaborative arrangements with neigh- tribal, or local jurisdiction; or’’; and subsection (a) shall prepare and submit a re- boring jurisdictions to facilitate the enforce- (ii) in paragraph (2)(B), by striking ‘‘2 port to the Secretary that evaluates the ef- ment of protection orders from other States years’’ and inserting ‘‘1 year after the date of fectiveness of the use of amounts received and jurisdictions (including tribal jurisdic- enactment of the Violence Against Women under such grants by such grantee and con- tions); and Act of 2000’’; and taining such other information as the Sec- ‘‘(4) will give priority to using the grant to (C) by adding at the end the following: retary may prescribe. The Secretary shall develop and install data collection and com- ‘‘(c) DEFINITION.—In this section, the term publish any such reports and provide at least munication systems, including computerized ‘protection order’ has the meaning given the 90 days for notice and opportunity for public systems, and training on how to use these term in section 2266 of title 18, United States comment prior to awarding or renewing any systems effectively to link police, prosecu- Code.’’. such grants.’’. tors, courts, and tribal jurisdictions for the SEC. 106. ELDER ABUSE, NEGLECT, AND EXPLOI- Subtitle C—Battered Women’s Shelters and purpose of identifying and tracking protec- TATION. Services tion orders and violations of protection or- The Violence Against Women Act of 1994 SEC. 121. SHORT TITLE. ders, in those jurisdictions where such sys- (108 Stat. 1902) is amended by adding at the This subtitle may be cited as the ‘‘Bat- tems do not exist or are not fully effective.’’; end the following: and tered Women’s Shelters and Services Act’’. ‘‘Subtitle H—Elder Abuse, Neglect, and Ex- SEC. 122. AUTHORIZATION OF APPROPRIATIONS (B) by adding at the end the following: ploitation, Including Domestic Violence ‘‘(c) DISSEMINATION OF INFORMATION.—The FOR FAMILY VIOLENCE PREVEN- and Sexual Assault Against Older or Dis- Attorney General shall annually compile and TION AND SERVICES. abled Individuals broadly disseminate (including through elec- Section 310(a) of the Family Violence Pre- tronic publication) information about suc- ‘‘SEC. 40801. DEFINITIONS. vention and Services Act (42 U.S.C. 10409(a)) cessful data collection and communication ‘‘In this subtitle: is amended to read as follows: systems that meet the purposes described in ‘‘(1) IN GENERAL.—The terms ‘elder abuse, ‘‘(a) IN GENERAL.—There are authorized to this section. Such dissemination shall target neglect, and exploitation’, and ‘older indi- be appropriated to carry out this title (other States, State and local courts, Indian tribal vidual’ have the meanings given the terms in than section 316)— governments, and units of local govern- section 102 of the Older Americans Act of ‘‘(1) $120,000,000 for fiscal year 2001; ment.’’. 1965 (42 U.S.C. 3002). ‘‘(2) $160,000,000 for fiscal year 2002; (b) ELIGIBILITY FOR GRANTS TO ENCOURAGE ‘‘(2) DOMESTIC VIOLENCE.—The term ‘do- ‘‘(3) $200,000,000 for fiscal year 2003; and ARREST POLICIES.— mestic violence’ has the meaning given such ‘‘(4) $260,000,000 for fiscal year 2004.’’. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8089

SEC. 123. FVPSA IMPROVEMENTS. SEC. 124. TRANSITIONAL HOUSING ASSISTANCE ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— (a) REALLOTMENT OF FUNDS.—Section 304(d) FOR VICTIMS OF DOMESTIC VIO- There are authorized to be appropriated to of the Family Violence Prevention and Serv- LENCE. carry out this section— ices Act (42 U.S.C. 10403(d)) is amended— Part T of the Omnibus Crime Control and ‘‘(1) $8,000,000 for fiscal year 2001; (1) by inserting after ‘‘to such State in Safe Streets Act of 1968 (42 U.S.C. 3796gg et ‘‘(2) $9,000,000 for fiscal year 2002; seq.) is amended by adding at the end the fol- grants under section 303(a)’’ the following: ‘‘(3) $10,000,000 for fiscal year 2003; and lowing: ‘‘or Indian tribe or tribal organization under ‘‘(4) $11,000,000 for fiscal year 2004.’’. section 303(b)’’; ‘‘SEC. 2007. TRANSITIONAL HOUSING ASSIST- (b) INFORMATION.—Subsection (i) of section ANCE. (2) by inserting after ‘‘failure of such 318 of the Family Violence Prevention and ‘‘(a) IN GENERAL.—The Attorney General State’’ the following: ‘‘or Indian tribe or Services Act (42 U.S.C. 10418) is amended by shall award grants to States, units of local tribal organization, or other entity’’; inserting the text of the subsection as a cut- government, and Indian tribes under this in paragraph (1) with the heading ‘‘IN GEN- (3) by inserting after ‘‘such amount to section to carry out programs to provide as- ERAL.—’’ and by adding at the end the fol- States’’ the following: ‘‘and Indian tribes and sistance to individuals and their lowing: tribal organizations’’; dependents— ‘‘(2) INFORMATION.—The Secretary shall an- (4) by inserting after ‘‘which meet such re- ‘‘(1) who are homeless or in need of transi- nually compile and broadly disseminate (in- quirements’’ the following: ‘‘proportionate tional housing or other housing assistance, cluding through electronic publication) in- to the original allocation made under sub- as a result of fleeing domestic violence; and formation about the use of funds and about section (a) or (b) of section 303, respec- ‘‘(2) for whom emergency shelter services the projects funded under this section, in- tively’’; and are unavailable or insufficient. cluding any evaluations of the projects and (5) by redesignating paragraph (2) as para- ‘‘(b) ASSISTANCE DESCRIBED.—Assistance graph (3) and adding after paragraph (1) the provided under this section may include— information to enable replication and adop- following: ‘‘(1) short-term housing assistance, includ- tion of the strategies identified in the ‘‘(2) If, at the end of the sixth month of any ing rental or utilities payments assistance, projects. Such dissemination shall target fiscal year for which sums are appropriated where such assistance is necessary to pre- other community-based programs, including under section 310, the amount allotted to an vent homelessness due to fleeing domestic domestic violence and sexual assault pro- entity has not been made available to such violence; and grams.’’. entity in grants under sections 308 and 311 ‘‘(2) short-term support services, including Subtitle E—Education and Training for because of the failure of such entity to meet expenses and costs associated with transpor- Judges and Court Personnel the requirements for a grant or because the tation and job training referrals, child care, SEC. 141. REAUTHORIZATION. limitation on expenditure has been reached, counseling, transitional housing identifica- (a) GRANTS FOR EDUCATION AND TRAINING then the Secretary shall reallot such amount tion and placement, and related expenses FOR JUDGES AND COURT PERSONNEL IN STATE to States and Indian tribes and tribal organi- such as utility or security deposits and other COURTS.— zations that meet such requirements propor- costs incidental to relocation to transitional (1) SECTION 40412.—Section 40412 of the tionate to the original allocation under sub- housing. Equal Justice for Women in the Courts Act section (a) or (b) of section 303, respec- ‘‘(c) TERM OF ASSISTANCE.—An individual of 1994 (42 U.S.C. 13992) is amended— tively.’’ or family assisted under this section may (A) by striking ‘‘and’’ at the end of para- (b) TRIBAL DOMESTIC VIOLENCE COALI- not receive transitional housing assistance graph (18); TIONS.—Section 303(b) of the Family Violence for a total of more than 12 months. (B) by striking the period at the end of Prevention Services Act (42 U.S.C. 10402(b)) ‘‘(d) REPORTS.— paragraph (19) and inserting a semicolon; and is amended by adding at the end the fol- ‘‘(1) REPORT TO ATTORNEY GENERAL.— (C) by inserting after paragraph (19) the lowing: ‘‘(A) IN GENERAL.—An entity that receives following: ‘‘(4) From the amounts made available a grant under this section shall annually ‘‘(20) the issues raised by domestic violence under paragraph (1), there shall be awarded prepare and submit to the Attorney General in determining custody and visitation, in- by the Secretary not less than 5 percent of a report describing the number of individuals cluding how to protect the safety of the child such amounts for the funding of tribal do- and dependents assisted, and the types of and of a parent who is not a predominant ag- mestic violence coalitions. To be eligible for housing assistance and support services pro- gressor of domestic violence, the legitimate a grant under this paragraph, an entity shall vided, under this section. reasons parents may report domestic vio- be a private nonprofit coalition whose mem- ‘‘(B) CONTENTS.—Each report shall include lence, the ways domestic violence may relate bership includes representatives from a ma- information on— to an abuser’s desire to seek custody, and jority of the programs for victims of domes- ‘‘(i) the purpose and amount of housing as- evaluating expert testimony in custody and tic violence operating within the boundaries sistance provided to each individual or de- visitation determinations involving domes- of an Indian reservation and programs whose pendent assisted under this section; tic violence; primary purpose is serving the populations ‘‘(ii) the number of months each individual ‘‘(21) the issues raised by child sexual as- of such Indian country and whose board or dependent received the assistance; sault in determining custody and visitation, membership is representative of such pro- ‘‘(iii) the number of individuals and de- including how to protect the safety of the grams. Such coalitions shall further the pur- pendents who were eligible to receive the as- child, the legitimate reasons parents may re- poses of domestic violence intervention and sistance, and to whom the entity could not port child sexual assault, and evaluating ex- prevention through activities including— provide the assistance solely due to a lack of pert testimony in custody and visitation de- ‘‘(A) training and technical assistance for available housing; and terminations involving child sexual assault, local Indian domestic violence programs and ‘‘(iv) the type of support services provided including the current scientifically-accepted providers of direct services to encourage ap- to each individual or dependent assisted and empirically valid research on child sex- propriate responses to domestic violence in under this section. ual assault; Indian country; ‘‘(2) REPORT TO CONGRESS.—The Attorney ‘‘(22) the extent to which addressing do- ‘‘(B) planning and conducting needs assess- General shall annually prepare and submit mestic violence and victim safety contrib- ments and planning for comprehensive serv- to the Committee on the Judiciary of the utes to the efficient administration of jus- ices in Indian country; House of Representatives and the Committee tice;’’. ‘‘(C) serving as an information clearing- on the Judiciary of the Senate a report that (2) SECTION 40414.—Section 40414(a) of the house and resource center for the Indian res- contains a compilation of the information Equal Justice for Women in the Courts Act ervation represented by the coalition receiv- contained in reports submitted under para- of 1994 (42 U.S.C. 13994(a)) is amended by in- ing these funds; graph (1). serting ‘‘and $1,500,000 for each of the fiscal ‘‘(D) collaborating with Indian, State, and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— years 2001 through 2005’’ after ‘‘1996’’. Federal governmental systems which affect There are authorized to be appropriated from (b) GRANTS FOR EDUCATION AND TRAINING battered women in Indian country, including the Violent Crime Reduction Trust Fund es- FOR JUDGES AND COURT PERSONNEL IN FED- judicial and law enforcement and child pro- tablished under section 310001 of the Violent ERAL COURTS.— tective services agencies, to encourage ap- Crime Control and Law Enforcement Act of (1) SECTION 40421.—Section 40421(d) of the propriate responses to domestic violence 1994 (42 U.S.C. 14211) to carry out this Equal Justice for Women in the Courts Act cases; section— of 1994 (42 U.S.C. 14001(d)) is amended to read ‘‘(E) conducting public education and out- ‘‘(1) $25,000,000 for each of fiscal years 2001 as follows: reach activities addressing domestic violence through 2003; and ‘‘(d) CONTINUING EDUCATION AND TRAINING in Indian country; ‘‘(2) $30,000,000 for each of fiscal years 2004 PROGRAMS.—The Federal Judicial Center, in ‘‘(F) collaborating with State domestic vi- and 2005.’’. carrying out section 620(b)(3) of title 28, olence coalitions in the areas described Subtitle D—Community Initiatives United States Code, shall include in the edu- above; and SEC. 131. GRANTS FOR COMMUNITY INITIATIVES. cational programs it prepares, including the ‘‘(G) participating in planning and moni- (a) AUTHORIZATION.—Section 318(h) of the training programs for newly appointed toring of the distribution of grants and grant Family Violence Prevention and Services judges, information on the aspects of the funds to the Indian reservation and tribal or- Act (42 U.S.C. 10418(h)) is amended to read as topics listed in section 40412 that pertain to ganizations under paragraph (1).’’ follows: issues within the jurisdiction of the Federal H8090 CONGRESSIONAL RECORD — HOUSE September 26, 2000 courts, and shall prepare materials necessary (3) by adding at the end the following:. (2) by striking the period at the end of to implement this subsection.’’. ‘‘(e) DISBURSEMENT.—At least 5 percent of paragraph (5) and inserting ‘‘; and’’; and (2) SECTION 40422.—Section 40422(2) of the the funds appropriated under 1001(a)(19) shall (3) by inserting after paragraph (5) the fol- Equal Justice for Women in the Courts Act be used for grants to Indian tribal govern- lowing: of 1994 (42 U.S.C. 14002(2)) is amended by in- ments.’’. ‘‘(6) $2,300,000 for each of the fiscal years serting ‘‘and $500,000 for each of the fiscal Subtitle G—Rural Domestic Violence and 2001, 2002, 2003, and 2004.’’. years 2001 through 2005’’ after ‘‘1996’’. Child Abuse Enforcement SEC. 193. REAUTHORIZATION OF GRANTS FOR (c) TECHNICAL AMENDMENTS TO THE EQUAL TELEVISED TESTIMONY. SEC. 161. REAUTHORIZATION. JUSTICE FOR WOMEN IN THE COURTS ACT OF Section 40295(c)(1) of the Safe Homes for Section 1001(a)(7) of title I of the Omnibus 1994.— Crime Control and Safe Streets Act of 1968 Women Act of 1994 (42 U.S.C. 13971(c)(1)) is (1) ENSURING COLLABORATION WITH DOMESTIC (42 U.S.C. 3793(a)(7)) is amended— amended— VIOLENCE AND SEXUAL ASSAULT PROGRAMS.— (1) by striking ‘‘and’’ at the end of subpara- (1) by striking ‘‘and’’ at the end of subpara- Section 40413 of the Equal Justice for Women graph (D); graph (B); in the Courts Act of 1994 (42 U.S.C. 13993) is (2) by striking the period at the end of sub- (2) by striking the period at the end of sub- amended by adding ‘‘, including national, paragraph (E) and inserting ‘‘; and’’; and paragraph (C) and inserting ‘‘; and’’; and State, tribal, and local domestic violence (3) by inserting after subparagraph (E) the (3) by inserting after subparagraph (C) the and sexual assault programs and coalitions’’ following: following: after ‘‘victim advocates’’. ‘‘(F) $1,000,000 for each of the fiscal years ‘‘(D) $35,000,000 for each of the fiscal years (2) PARTICIPATION OF TRIBAL COURTS IN 2001, 2002, 2003, 2004, and 2005.’’. 2001, 2002, 2003, 2004, and 2005.’’. STATE TRAINING AND EDUCATION PROGRAMS.— SEC. 194. DISSEMINATION OF INFORMATION. Section 40411 of the Equal Justice for Women SEC. 162. TECHNICAL AMENDMENTS. Section 40156 of the Violence Against in the Courts Act of 1994 (42 U.S.C. 13991) is Section 40295 of the Safe Homes for Women Women Act of 1994 is amended by inserting amended by adding at the end the following: Act of 1994 (42 U.S.C. 13971) is amended— at the end the following: ‘‘Nothing shall preclude the attendance of (1) in subsection (a)(1), by inserting ‘‘and ‘‘(d) INFORMATION.—The Attorney General tribal judges and court personnel at pro- dating’’ after ‘‘domestic’’; shall annually compile and broadly dissemi- grams funded under this section for States to (2) in subsection (a)(2), by inserting ‘‘and nate (including through electronic publica- train judges and court personnel on the laws dating’’ after ‘‘domestic’’; and tion) information about the use of funds and of the States.’’ (3) in subsection (c), by adding at the end about the projects funded under this section, (3) USE OF FUNDS FOR DISSEMINATION OF the following:. including any evaluations of the projects and MODEL PROGRAMS.—Section 40414 of the Equal ‘‘(3) DISBURSEMENT.—At least 5 percent of information to enable replication and adop- Justice for Women in the Courts Act of 1994 the funds appropriated under paragraph (1) tion of the strategies identified in the (42 U.S.C. 13994) is amended by adding at the shall be used for grants to Indian tribal gov- projects. Such dissemination shall target end the following: ernments.’’. community-based programs, including do- ‘‘(c) STATE JUSTICE INSTITUTE.—The State Subtitle H—National Stalker and Domestic mestic violence and sexual assault pro- Justice Institute may use up to 5 percent of Violence Reduction grams.’’. the funds appropriated under this section for SEC. 171. TECHNICAL AMENDMENTS. TITLE II—SEXUAL ASSAULT PREVENTION annually compiling and broadly dissemi- Section 40602(a) of the Violence Against SEC. 201. TRANSFER OF RAPE PREVENTION AND nating (including through electronic publica- Women Act of 1994 (42 U.S.C. 14031(a)) is EDUCATION PROGRAM. tion) information about the use of funds and amended by inserting ‘‘and implement’’ after Part J of title III of the Public Health about the projects funded under this section, ‘‘improve’’. Service Act is amended by inserting after including any evaluations of the projects and SEC. 172. REAUTHORIZATION. section 393A the following new section: information to enable the replication and ‘‘SEC. 393B. USE OF ALLOTMENTS FOR RAPE PRE- adoption of the projects.’’. Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 14032) is VENTION EDUCATION. (d) DATING VIOLENCE.— ‘‘(a) GRANTS.— amended— (1) SECTION 40411.—Section 40411 of the ‘‘(1) PERMITTED USE.—Notwithstanding sec- (1) by striking ‘‘and’’ at the end of para- Equal Justice for Women in Courts Act of tion 1904(a)(1), amounts transferred by the graph (2); 1994 (42 U.S.C 13991) is amended by inserting State for use under this part shall be used (2) by striking the period at the end of ‘‘dating violence,’’ after ‘‘domestic vio- for rape prevention and education programs paragraph (3) and inserting ‘‘; and’’; and lence,’’. conducted by rape crisis centers and private (3) by inserting after paragraph (3) the fol- (2) SECTION 40412.—Section 40412 of such nonprofit nongovernmental State and tribal Act (42 U.S.C 13992) is amended— lowing: sexual assault coalitions for— (A) in paragraph (10), by inserting ‘‘and ‘‘(4) $3,000,000 for each of the fiscal years ‘‘(A) educational seminars; dating violence’’ before the semicolon; 2001, 2002, 2003, 2004, and 2005.’’. ‘‘(B) the operation of hotlines; (B) in paragraph (11), by inserting ‘‘and Subtitle I—Federal Victims’ Counselors ‘‘(C) training programs for professionals; dating’’ after ‘‘domestic’’; SEC. 181. REAUTHORIZATION. ‘‘(D) the preparation of informational ma- (C) in paragraph (13), by inserting ‘‘and The text of section 40114 of the Safe terial; and dating’’ after ‘‘domestic’’ in both places that Streets for Women Act of 1994 is amended to ‘‘(E) other efforts to increase awareness of it appears; read as follows: ‘‘There are authorized to be the facts about, or to help prevent, sexual as- (D) in paragraph (17) by inserting ‘‘or dat- appropriated for the United States Attorneys sault, including efforts to increase awareness ing’’ after ‘‘domestic’’ in both places that it for the purpose of appointing Victim/Witness in underserved populations (as defined in appears; and Counselors for the prosecution of domestic section 2003(7) of the Omnibus Crime Control (E) in paragraph (18), by inserting ‘‘and violence and sexual assault crimes where ap- and Safe Streets Act of 1968 (42 U.S.C. 3796gg– dating’’ after ‘‘domestic’’. plicable (such as the District of Columbia) 2(7)). Subtitle F—Grants To Encourage Arrest $1,000,000 for each of the fiscal years 2001, ‘‘(2) TERMS.— Policies 2002, 2003, 2004, and 2005.’’. ‘‘(A) POPULATIONS.—The Secretary shall SEC. 151. REAUTHORIZATION. Subtitle J—Victims of Child Abuse Programs make grants under subsection (a) to each Section 1001(a)(19) of the Omnibus Crime SEC. 191. REAUTHORIZATION OF COURT-AP- State on the basis of the population of the Control and Safe Streets Act of 1968 (42 POINTED SPECIAL ADVOCATE PRO- State. U.S.C. 3793(a)(19)) is amended— GRAM. ‘‘(B) RAPE PREVENTION AND EDUCATION PRO- (1) by striking ‘‘and’’ at the end of subpara- Section 218(a) of the Victims of Child GRAMS.—No State may use funds made avail- graph (B); Abuse Act of 1990 (42 U.S.C. 13014(a)) is able by reason of paragraph (1) in any fiscal (2) by striking the period at the end of sub- amended— year for administration of any prevention paragraph (C) and inserting a semicolon; and (1) by striking ‘‘and’’ at the end of para- program other than the rape prevention and (3) by inserting after subparagraph (C) the graph (4); education program for which grants are following: (2) by striking the period at the end of made under paragraph (1). ‘‘(D) $63,000,000 for fiscal year 2001; paragraph (5) and inserting ‘‘; and’’; and ‘‘(C) AVAILABILITY.—Any amount paid to a ‘‘(E) $67,000,000 for fiscal year 2002; (3) by inserting after paragraph (5) the fol- State for a fiscal year and remaining unobli- ‘‘(F) $70,000,000 for fiscal year 2003; lowing: gated at the end of such year shall remain ‘‘(G) $70,000,000 for fiscal year 2004; and ‘‘(6) $12,000,000 for each of the fiscal years available for the next fiscal year to such ‘‘(H) $70,000,000 for fiscal year 2005.’’. 2001, 2002, 2003, and 2004.’’ State for the purposes for which it was made. SEC. 152. TECHNICAL AMENDMENT. SEC. 192. REAUTHORIZATION OF CHILD ABUSE ‘‘(D) ADMINISTRATIVE AND TECHNICAL AS- Section 2101 of the Omnibus Crime Control TRAINING PROGRAMS FOR JUDICIAL SISTANCE.—The Secretary shall use not more and Safe Streets Act of 1968 (42 U.S.C. 3796hh) PERSONNEL AND PRACTITIONERS. than 5 percent of the funds available under is amended— Section 224(a) of the Victims of Child paragraph (1) for the purposes of administra- (1) in subsection (b)(2), by inserting ‘‘and Abuse Act of 1990 (42 U.S.C. 13024(a)) is tive and technical assistance. dating’’ after ‘‘domestic’’; amended— ‘‘(E) TARGETING OF EDUCATION PROGRAMS.— (2) in subsection (b)(5), by inserting ‘‘and (1) by striking ‘‘and’’ at the end of para- States receiving grant moneys under para- dating’’ after ‘‘domestic’’; and graph (4); graph (1) shall ensure that at least 25 percent September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8091 of the moneys are devoted to educational ‘‘(A) training and technical assistance for mary purposes, to provide services for vic- programs targeted for middle school, junior local Indian sexual assault programs and tims of sexual assault and has a record of high, and high school aged students. The pro- providers of direct services to encourage ap- commitment and demonstrated experience in grams targeted under this subsection shall propriate responses to sexual assault in In- providing services to victims of sexual as- be conducted by rape crisis centers and State dian country; sault. and tribal sexual assault coalitions. ‘‘(B) planning and conducting needs assess- ‘‘(6) SEXUAL ASSAULT COALITION.—The term ‘‘(b) NATIONAL RESOURCE CENTER.— ments and planning for comprehensive serv- ‘sexual assault coalition’ means a coalition ‘‘(1) ESTABLISHMENT.—At such time as ap- ices in Indian country; that coordinates State victim service activi- propriations under subsection (c) reach at ‘‘(C) serving as an information clearing- ties, and collaborates and coordinates with least $80,000,000, the Secretary of Health and house and resource center for any Indian res- Federal, State, and local entities to further Human Services shall, through the National ervation represented by the coalition receiv- the purposes of sexual assault intervention Center for Injury Prevention and Control at ing these funds; and prevention.’’. the Centers for Disease Control and Preven- ‘‘(D) collaborating with Indian, State, and SEC. 202. RAPE PREVENTION EDUCATION. tion, establish a National Resource Center Federal systems which affect adult and child (a) REPEAL.—The section added by section on Sexual Assault to provide resource infor- victims of sexual assault in Indian country, 40151 of the Violence Against Women Act of mation, policy, training, and technical as- including judicial, law enforcement, and 1994 is repealed. sistance to Federal, State, and Indian tribal child protective services agencies, to encour- (b) EFFECTIVE DATE.—The repeal made by agencies, as well as to State and tribal sex- age appropriate responses to sexual assault subsection (a) of this section shall take ef- ual assault coalitions and local sexual as- cases; fect the day after the date of enactment of sault programs and to other professionals ‘‘(E) conducting public education and out- this Act. and interested parties on issues relating to reach activities addressing sexual assault in SEC. 203. SEXUAL ASSAULT AND INTERPERSONAL sexual assault. The Resource Center shall Indian country; VIOLENCE; DEMONSTRATION maintain a central resource library in order ‘‘(F) collaborating with sexual assault coa- PROJECTS. to collect, prepare, analyze, and disseminate litions in the areas described above; and (a) DEMONSTRATION PROJECTS.—Section 393 information and statistics and analyses ‘‘(G) participating in planning and moni- of the Public Health Service Act (42 U.S.C. thereof relating to the incidence and preven- toring of the distribution of grants and grant 280b–1a) is amended— tion of sexual assault. funds to Indian reservation and tribal orga- (1) by redesignating subsection (b) as sub- ‘‘(2) ELIGIBLE ORGANIZATIONS.—The Sec- nizations under this section. section (c); and retary shall award a grant under paragraph ‘‘(4) SUBSECTION (b) ALLOTMENT.—Of the (2) by inserting after subsection (a) the fol- (1) to a private nonprofit organization which amount appropriated for any fiscal year lowing subsection: can— under this section, at least $1,000,000 shall be ‘‘(b)(1) With respect to all victims of sexual ‘‘(A) demonstrate that it has recognized made available for grants under subsection assault and interpersonal violence who expertise in the area of sexual assault and a (b), with yearly increases of at least 10 per- present at hospital emergency rooms and record of high-quality services to victims of cent of the prior year’s allotment. other sites offering services to such victims, sexual assault, including a demonstration of ‘‘(d) LIMITATIONS.— demonstration projects under subsection support from advocacy groups, such as State ‘‘(1) A State may use funds under sub- (a)(6) shall include projects in which, on a 24- and tribal sexual assault coalitions or recog- section (a) only so as to supplement and, to hour basis, nurses and other health care pro- nized national sexual assault groups; and the extent practicable, increase the level of fessionals at such rooms and sites who are ‘‘(B) demonstrate a commitment to diver- funds that would be available from non-Fed- trained in accordance with protocols under sity and to the provision of services to un- eral sources for the activities described in paragraph (2)— derserved populations as defined in section subsection (a), and in no case may such funds ‘‘(A) identify victims of such violence; 2003(7) of the Omnibus Crime Control and be used to supplant funds from other sources. ‘‘(B) collect physical evidence from the vic- Safe Street Act of 1968 (42 U.S.C. 3796gg–2(7)). ‘‘(2) A State may not use more than 2 per- tims that may be of use in judicial pro- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— cent of the funds received in each fiscal year ceedings regarding the violence; and ‘‘(1) IN GENERAL.—There are authorized to under this section for surveillance studies or ‘‘(C) provide information and appropriate be appropriated to carry out this section— prevalence studies and funds for such studies referrals to rape crisis center programs and ‘‘(A) $80,000,000 for fiscal year 2001; shall be available only at such time as appro- victim service providers, including referrals ‘‘(B) $105,000,000 for fiscal year 2002; priations under subsection (c) reach at least to health-related services and social serv- ‘‘(C) $105,000,000 for fiscal year 2003; $80,000,000. ‘‘(D) $155,000,000 for fiscal year 2004; and ices. ‘‘(3) A State may not use more than 5 per- ‘‘(2) In carrying out paragraph (1), the Sec- ‘‘(E) $155,000,000 for fiscal year 2005. cent of funds received in each fiscal year retary shall carry out a program to train Funds authorized to be appropriated under under subsection (a) for administrative ex- nurses and other health care professionals to this section are appropriated from the Vio- penses. provide the services described in such para- ‘‘(e) DEFINITIONS.— lent Crime Reduction Fund pursuant to sec- graph. The program shall develop a protocol ‘‘(1) INDIAN COUNTRY.—The term ‘Indian tion 310001(c) of the Violent Crime Control for such training.’’. Country’ has the same meaning as is given and Law Enforcement Act of 1994 (42 U.S.C. (b) EFFECTIVE DATE.—The amendment 14211(c)) and paragraph (16) under the defini- such term by section 1151 of title 18, United made by subsection (a) to section 393 of the tion of prevention program in section States Code. Public Health Service Act (42 U.S.C. 280b–1a) APE PREVENTION AND EDUCATION.—For 310004(d) of such Act (42 U.S.C. 14214(d)). ‘‘(2) R shall apply to demonstration projects funded purposes of this section, the term ‘rape pre- ‘‘(2) SEXUAL ASSAULT COALITIONS.—At such under subsection (a)(6) of such Act which are vention and education’ includes education time as appropriations under subsection (c) ongoing on the date of the enactment of this and prevention efforts directed at sexual of- reach at least $80,000,000, the Secretary shall Act. designate 15 percent of the total amount ap- fenses committed by offenders who are not propriated to be used for making grants to known to the victim as well as offenders who TITLE III—OTHER DOMESTIC VIOLENCE nonprofit, nongovernmental State sexual as- are known to the victim. PROGRAMS sault coalitions to address public health ‘‘(3) SEXUAL ASSAULT.—The term ‘sexual Subtitle A—Strengthening Services to issues associated with sexual assault assault’ means any conduct proscribed by Victims of Violence through training, resource development, or chapter 109A of title 18, United States Code, SEC. 301. CIVIL LEGAL ASSISTANCE FOR VICTIMS. similar research. whether or not the conduct occurs in the spe- (a) IN GENERAL.—The purpose of this sec- ‘‘(3) INDIAN COUNTRY.—At such time as the cial maritime and territorial jurisdiction of tion is to enable the Attorney General to appropriations under subsection (c) reach at the United States or in a Federal prison and award grants to increase the availability of least $80,000,000, there shall be awarded by includes both assaults committed by offend- civil legal assistance necessary to provide ef- the Secretary not less than 5 percent of such ers who are strangers to the victim and as- fective aid to victims of domestic violence, amounts for the funding of tribal sexual as- saults committed by offenders who are dating violence, stalking, or sexual assault sault coalitions. To be eligible for a grant known to the victim or related by blood or who are seeking relief in legal matters aris- under this paragraph, an entity shall be a marriage to the victim. ing as a consequence of that abuse or vio- private nonprofit coalition whose member- ‘‘(4) RAPE CRISIS CENTER.—The term ‘rape lence, at minimal or no cost to the victims. ship includes representatives from a major- crisis center’ means a private, nonprofit, (b) DEFINITIONS.—In this section: ity of the programs for adult and child vic- nongovernmental organization that is orga- (1) DOMESTIC VIOLENCE.—The term ‘‘domes- tims of sexual assault operating within the nized, or has as one of its primary purposes, tic violence’’ has the meaning given the term boundaries of such Indian country and pro- to provide services for victims of sexual as- in section 2003 of title I of the Omnibus grams whose primary purpose is serving the sault and has a record of commitment and Crime Control and Safe Streets Act of 1968 population of an Indian reservation, and demonstrated experience in providing serv- (42 U.S.C. 3796gg–2). whose board membership is representative of ices to victims of sexual assault. (2) DATING VIOLENCE.—The term ‘‘dating vi- such programs. Such coalitions shall further ‘‘(5) SEXUAL ASSAULT PROGRAM.—The term olence’’ has the meaning given the term in the purposes of sexual assault intervention ‘sexual assault program’ means a private, section 2003 of title I of the Omnibus Crime and prevention through activities nonprofit, nongovernmental organization Control and Safe Streets Act of 1968 (42 including— that is organized, or has as one of its pri- U.S.C. 3796gg–2). H8092 CONGRESSIONAL RECORD — HOUSE September 26, 2000

(3) CIVIL LEGAL ASSISTANCE FOR VICTIMS.— (B) $40,000,000 for fiscal year 2002; mencing on or after the date of enactment of The term ‘‘civil legal assistance’’ includes (C) $45,000,000 for fiscal year 2003; this Act, and not later than 180 days after legal assistance to victims of domestic vio- (D) $50,000,000 for fiscal year 2004; and the last day of each fiscal year thereafter, lence, dating violence, stalking, and sexual (E) $55,000,000 for fiscal year 2005; the Attorney General shall submit to Con- assault in any administrative, civil, judicial, (2) ALLOCATION OF FUNDS.— gress a report that includes information family, or immigration proceeding. No funds (A) TRIBAL PROGRAMS.—Of the amount concerning— made available under this section may be made available under this subsection in each (A) the number of— used to provide financial assistance in sup- fiscal year, not less than 5 percent shall be (i) individuals served and the number of in- port of any litigation described in paragraph used for grants for programs that assist vic- dividuals turned away from visitation pro- (14) of section 504(a) of Public Law 104-134. tims of domestic violence, stalking, and sex- grams and services and safe visitation ex- (4) SEXUAL ASSAULT.—The term ‘‘sexual as- ual assault on lands within the jurisdiction change (categorized by State); sault’’ has the meaning given the term in of an Indian tribe. (ii) the number of individuals from under- section 2003 of title I of the Omnibus Crime (B) VICTIMS OF SEXUAL ASSAULT.—Not less served populations served and turned away Control and Safe Streets Act of 1968 (42 than 25 percent of the funds used for direct from services; and U.S.C. 3796gg–2). services, training, and technical assistance (iii) the type of problems that underlie the (c) LEGAL ASSISTANCE FOR VICTIMS shall be used to support projects focused need for supervised visitation or safe visita- GRANTS.—The Attorney General may award solely or primarily on civil legal assistance tion exchange, such as domestic violence, grants under this subsection to private non- for victims of sexual assault. child abuse, sexual assault, other physical profit entities, Indian tribal governments, (3) NONSUPPLANTATION.—Amounts made abuse, or a combination of such factors; tribally recognized organizations, qualified available under this section shall be used to (B) the numbers of supervised visitations Legal Services Corporation grantees, other supplement and not supplant other Federal, or safe visitation exchanges ordered under voluntary legal services organizations, and State, and local funds expended to further this section during custody determinations publicly funded organizations not acting in a the purpose of this section. under a separation or divorce decree or pro- governmental capacity such as law schools, Subtitle B—Limiting the Effects of Violence tection order, through child protection serv- and which shall be used— on Children ices or other social services agencies, or by (1) to implement, expand, and establish co- SEC. 305. SAFE HAVENS FOR CHILDREN PILOT any other order of a civil, criminal, juvenile, operative efforts and projects between do- PROGRAM. or family court; mestic violence and sexual assault victim (a) IN GENERAL.—The Attorney General (C) the process by which children or abused services organizations and legal assistance may award grants to States, units of local partners are protected during visitations, providers to provide legal assistance for vic- government, and Indian tribal governments temporary custody transfers, and other ac- tims of domestic violence, stalking, and sex- that propose to enter into or expand the tivities for which supervised visitation is es- ual assault; scope of existing contracts and cooperative tablished under this section; (2) to implement, expand, and establish ef- agreements with public or private nonprofit (D) safety and security problems occurring forts and projects to provide legal assistance entities to provide supervised visitation and during the reporting period during super- for victims of domestic violence, stalking, safe visitation exchange of children by and vised visitation under this section, including and sexual assault by organizations with a between parents in cases of domestic vio- the number of parental abduction cases; and demonstrated history of providing direct lence, child abuse, or sexual assault. (E) the number of parental abduction cases legal or advocacy services on behalf of these (b) CONSIDERATIONS.—In awarding grants in a judicial district using supervised visita- under subsection (a), the Attorney General victims; and tion programs and services under this sec- shall take into account— (3) to provide training, technical assist- tion, both as identified in criminal prosecu- (1) the number of families to be served by ance, and data collection to improve the ca- tion and custody violations. the proposed visitation programs and serv- pacity of grantees and other entities to offer (2) GUIDELINES.—The Attorney General ices; legal assistance to victims of domestic vio- shall establish guidelines for the collection (2) the extent to which the proposed super- lence, stalking, and sexual assault. and reporting of data under this subsection. vised visitation programs and services serve (d) To be eligible for a grant under sub- (e) AUTHORIZATION OF APPROPRIATIONS.— section (c), applicants shall certify in writ- underserved populations (as defined in sec- There is authorized to be appropriated from ing that— tion 2003 of title I of the Omnibus Crime Con- the Violent Crime Reduction Trust Fund es- (1) any person providing civil legal assist- trol and Safe Streets Act of 1968 (42 U.S.C. tablished under section 310001 of the Violent ance through a program funded under sub- 3796gg–2)); Crime Control and Law Enforcement Act of section (c) has completed or will complete (3) with respect to an applicant for a con- 1994 (42 U.S.C. 14211) to carry out this section training in connection with domestic vio- tract or cooperative agreement, the extent $15,000,000 for each of fiscal years 2001 and lence or sexual assault and related legal to which the applicant demonstrates co- 2002. issues; operation and collaboration with nonprofit, (f) ALLOTMENT FOR INDIAN TRIBES.—Not (2) any training program conducted in sat- nongovernmental entities in the local com- less than 5 percent of the total amount made isfaction of the requirement of paragraph (1) munity served, including the State domestic available for each fiscal year to carry out has been or will be developed with input violence coalition, State sexual assault coa- this section shall be available for grants to from and in collaboration with a State, lition, local shelters, and programs for do- Indian tribal governments. local, or tribal domestic violence or sexual mestic violence and sexual assault victims; Subtitle C—Protections Against Violence and assault program or coalition, as well as ap- and Abuse for Women with Disabilities propriate State and local law enforcement (4) the extent to which the applicant dem- officials; onstrates coordination and collaboration SEC. 310. FINDINGS. (3) any person or organization providing with State and local court systems, includ- The Congress finds that— civil legal assistance through a program ing mechanisms for communication and re- (1) women with disabilities are more likely funded under subsection (c) has informed and ferral. to be the victims of abuse and violence than will continue to inform State, local, or tribal (c) APPLICANT REQUIREMENTS.—The Attor- women without disabilities because of their domestic violence or sexual assault pro- ney General shall award grants for contracts increased physical, economic, social, or psy- grams and coalitions, as well as appropriate and cooperative agreements to applicants chological dependence on others; State and local law enforcement officials of that— (2) in domestic violence cases, women with their work; and (1) demonstrate expertise in the area of disabilities stay with their batterers almost (4) the grantee’s organizational policies do family violence, including the areas of do- twice as long as women without disabilities; not require mediation or counseling involv- mestic violence or sexual assault, as appro- (3) violence and abuse against women with ing offenders and victims physically to- priate; disabilities takes many forms, including gether, in cases where sexual assault, domes- (2) ensure that any fees charged to individ- verbal abuse, physical abuse, sexual assault, tic violence, or child sexual abuse is an issue. uals for use of programs and services are forced isolation, control over economic re- (e) EVALUATION.—The Attorney General based on the income of those individuals, un- sources, and the withholding of equipment, may evaluate the grants funded under this less otherwise provided by court order; medication, transportation, or personal care section through contracts or other arrange- (3) demonstrate that adequate security assistance; ments with entities expert on domestic vio- measures, including adequate facilities, pro- (4) many women with disabilities fail to re- lence, stalking, and sexual assault, and on cedures, and personnel capable of preventing port abuse because they are dependent on evaluation research. violence, are in place for the operation of su- their abusers and fear being abandoned or in- (f) AUTHORIZATION OF APPROPRIATIONS.— pervised visitation programs and services or stitutionalized; (1) IN GENERAL.—There is authorized to be safe visitation exchange; and (5) many women with disabilities are un- appropriated from the Violent Crime Reduc- (4) prescribe standards by which the super- able to leave abusive or violent spouses or tion Trust Fund established under section vised visitation or safe visitation exchange cohabitants because of the inaccessibility of 310001 of the Violent Crime Control and Law will occur. services or the fear of abandoning dependent Enforcement Act of 1994 (42 U.S.C. 14211) to (d) REPORTING.— children; and carry out this section— (1) IN GENERAL.—Not later than 1 year after (6) law enforcement, the criminal justice (A) $35,250,000 for fiscal year 2001; the last day of the first fiscal year com- system, legal services, and victim services September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8093

are often not equipped or trained to effec- (d) AUTHORIZATION OF APPROPRIATIONS.— mental expenditures on domestic violence tively identify and respond to abuse or vio- There are authorized to be appropriated from issues. lence against women with disabilities. the Violent Crime Reduction Trust Fund es- ‘‘(c) REPORT.—The Task Force shall report SEC. 311. OMNIBUS CRIME CONTROL AND SAFE tablished under section 310001 of the Violent to Congress annually on its work under sub- STREETS ACT OF 1968. Crime Control and Law Enforcement Act of section (b). Section 2001(b)(5) of the Omnibus Crime 1994 (42 U.S.C. 14211) to carry out this section ‘‘(d) DEFINITION.—For purposes of this sec- Control and Safe Streets Act of 1968 (42 $10,000,000 for each of fiscal years 2001 tion, the term ‘domestic violence’ has the U.S.C. 3796gg(b)), as amended by section through 2005. meaning given such term by section 2003 of 141(a)(1), is amended by inserting before the Subtitle D—Standards, Practice, and the Omnibus Crime Control and Safe Streets semicolon at the end the following: ‘‘and Training for Sexual Assault Examinations Act of 1968 (42 U.S.C. 3796gg–2(1). forms of violence and abuse particularly suf- ‘‘(e) AUTHORIZATION OF APPROPRIATION.— fered by women with disabilities’’. SEC. 315. SHORT TITLE. There are authorized to be appropriated SEC. 312. VIOLENCE AGAINST WOMEN ACT. This subtitle may be cited as the ‘‘Stand- $500,000 for each of the fiscal years 2001 Section 40412 of the Equal Justice for ards, Practice, and Training for Sexual As- through 2004 to carry out this section.’’. Women in the Courts Act of 1994 (42 U.S.C. sault Forensic Examinations Act’’. The SPEAKER pro tempore. Pursu- 13992) is amended— SEC. 316. STANDARDS, PRACTICE, AND TRAINING ant to the rule, the gentleman from Il- (1) in paragraph (6), by inserting ‘‘, stereo- FOR SEXUAL ASSAULT FORENSIC EX- linois (Mr. HYDE) and the gentleman typing of persons with disabilities who are AMINATIONS. victims of rape, sexual assault, abuse, or vio- (a) IN GENERAL.—The Attorney General from Michigan (Mr. CONYERS) each will lence’’ after ‘‘racial stereotyping of rape vic- shall— control 20 minutes. tims’’; (1) evaluate existing standards of training The Chair recognizes the gentleman (2) in paragraph (13), by inserting ‘‘or and practice for licensed health care profes- from Illinois (Mr. HYDE). sionals performing sexual assault forensic among persons with disabilities,’’ after ‘‘so- GENERAL LEAVE examinations and develop a national rec- cioeconomic groups,’’; and Mr. HYDE. Mr. Speaker, I ask unani- (3) by inserting after paragraph (22) the fol- ommended standard for training; (2) recommend sexual assault forensic ex- mous consent that all Members may lowing: have 5 legislative days within which to ‘‘(23) issues related to violence and abuse amination training for all health care stu- against persons with disabilities, including dents to improve the recognition of injuries revise and extend their remarks and in- the nature of physical, mental, and commu- suggestive of rape and sexual assault and clude extraneous material on H.R. 1248, nications disabilities, the special vulner- baseline knowledge of appropriate referrals as amended. ability to violence of persons with disabil- in victim treatment and evidence collection; The SPEAKER pro tempore. Is there ities, and the types of violence and abuse ex- and objection to the request of the gen- perienced by persons with disabilities; (3) review existing national, State, tribal, tleman from Illinois? ‘‘(24) the requirements placed on courts and local protocols on sexual assault forensic examinations, and based on this review, de- There was no objection. and judges under existing disability laws, in- Mr. HYDE. Mr. Speaker, I yield my- cluding the requirements to provide appro- velop a recommended national protocol and establish a mechanism for its nationwide dis- self such time as I may consume. priate auxiliary aids and services and to en- Mr. Speaker, I rise in strong support sure physical access; and semination. (b) CONSULTATION.—The Attorney General of H.R. 1248, the Violence Against ‘‘(25) the stereotypes regarding the fitness shall consult with national, State, tribal, of persons with disabilities to retain custody Women Act of 2000, and I salute the and local experts in the area of rape and sex- of children, especially in domestic violence gentlewoman from Maryland (Mrs. ual assault, including rape crisis centers, cases.’’. MORELLA) for her leadership on this State and tribal sexual assault and domestic SEC. 313. GRANTS FOR TECHNICAL ASSISTANCE. issue. violence coalitions and programs, and pro- (a) IN GENERAL.—The Attorney General I know all of us in Congress are con- grams for criminal justice, forensic nursing, shall make grants to States, nongovern- cerned with violence perpetrated mental private entities, and tribal organiza- forensic science, emergency room medicine, law, social services, and sex crimes in under- against women; and tragically, it con- tions to provide education and technical as- tinues to be a serious national problem sistance for the purpose of providing train- served communities (as defined in section ing, consultation, and information on vio- 2003(7) of the Omnibus Crime Control and that takes various forms, including do- lence, abuse, and sexual assault against Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(7) mestic battery, stalking, rape, and women who are individuals with disabilities as amended by section 2(d)). murder. This legislation strengthens (as defined in section 3 of the Americans (c) REPORT.—The Attorney General shall the ability of local communities to re- with Disabilities Act of 1990 (42 U.S.C. ensure that no later than 1 year after the spond effectively to such crimes. 12102)). date of enactment of this Act, a report of the actions taken pursuant to subsection (a) is Sadly, most of us committed to the (b) PRIORITIES.—In making grants under fight against domestic violence know this section, the Attorney General shall give submitted to Congress. priority to applications designed to provide (d) AUTHORIZATION OF APPROPRIATIONS.— the facts all too well: nearly one in education and technical assistance on— There are authorized to be appropriated to every three adult women experiences (1) the nature, definition, and characteris- carry out this section $200,000 for fiscal year at least one physical assault by a part- tics of violence, abuse, and sexual assault ex- 2001. ner during adulthood; 5 million date perienced by women who are individuals Subtitle E—Domestic Violence Task Force rapes and physical assaults are per- with disabilities; SEC. 320. DOMESTIC VIOLENCE TASK FORCE petrated against women annually. (2) outreach activities to ensure that The Violence Against Women Act of 1994 While in general, crime rates are women who are individuals with disabilities (108 Stat. 1902), as amended by section 107, is down, domestic violence remains a se- who are victims of violence, abuse, and sex- amended by adding at the end the following: rious problem in our society, occurring ual assault receive appropriate assistance; ‘‘Subtitle I—Domestic Violence Task Force (3) the requirements of shelters and victim in all communities and crossing ethnic, services organizations under Federal anti- ‘‘SEC. 40901. TASK FORCE. racial, age, and socioeconomic lines. discrimination laws, including the Ameri- ‘‘(a) ESTABLISH.—The Attorney General, in The national toll that such violence cans with Disabilities Act of 1990 and section consultation with national nonprofit, non- takes on women, families, and children 504 of the Rehabilitation Act of 1973; and governmental organizations whose primary is incalculable. It diminishes us all. (4) cost-effective ways that shelters and expertise is in domestic violence, shall estab- Since its inception in 1994, Congress victim services may accommodate the needs lish a task force to coordinate research on has appropriated more than $1.5 billion domestic violence and to report to Congress of individuals with disabilities in accordance in Violence Against Women Act fund- with the Americans with Disabilities Act of on any overlapping or duplication of efforts 1990. on domestic violence issues. The task force ing for State and local law enforcement (c) USES OF GRANTS.—Each recipient of a shall be comprised of representatives from agencies, as well as for education, pre- grant under this section shall provide infor- all Federal agencies that fund such research. vention, and outreach programs. mation and training to national, State, ‘‘(b) USES OF FUNDS.—Funds appropriated Violence Against Women Act pro- local, and tribal organizations and programs under this section shall be used to— grams have aided the prosecution of that provide services to individuals with dis- ‘‘(1) develop a coordinated strategy to domestic violence, sexual assault, and abilities, including independent living cen- strengthen research focused on domestic vio- child abuse cases across the country, lence education, prevention, and interven- ters, disability-related service organizations, and have increased victims services, domestic violence programs providing shel- tion strategies; ter or related assistance, rape crisis centers, ‘‘(2) track and report all Federal research like domestic violence shelters for and programs providing sexual assault serv- and expenditures on domestic violence; and women. ices, other victim services organizations, and ‘‘(3) identify gaps and duplication of efforts I am pleased that the House is acting women with disabilities. in domestic violence research and govern- today in a bipartisan fashion and will H8094 CONGRESSIONAL RECORD — HOUSE September 26, 2000 be the first body in Congress to pass re- saying all along, that violence against My last disappointment was that we authorization legislation, because the women is a priority, and we cannot let were refused the ability to include any authorization for these vital programs the funds or the programs run out. provisions to ensure that the civil legal expires at the end of this fiscal year, In 1994, the Congress passed the Vio- remedy in Violence Against Women just 4 days from now. lence Against Women Act to address complies with the recent Supreme Mr. Speaker, I do want it to be clear, the nationwide problem of domestic vi- Court decision, U.S. v. Morrison, which even if we have not ironed out our dif- olence and sexual assault. VAWA pro- struck down a provision in the original ferences with the Senate’s Violence vided funding to combat the violence Violence Against Women Act that Against Women Act reauthorization that is visited upon almost 900,000 guarantees that all victims of gender- bill by the end of the fiscal year, fund- women each year by either their cur- motivated crimes had unencumbered ing will continue. It remains a priority rent spouse or former spouse or boy- access to courts to seek civil damages of this Congress, which is why we have friend. This is not a good scene. In ad- against their assailants. held hearings on the bill, strengthened dition, VAWA has made changes to our So we have introduced another bill it as it moved through the committee, civil and criminal laws to address do- that restores the civil legal remedy of and are here on the floor today to pass mestic violence and sexual assault. Violence Against Women, H.R. 5021. Al- it. In part, as a result of Violence though there is precious little time left Mr. Speaker, key programs reauthor- Against Women Act, intimate partner in this session, I hope that the Repub- ized in this legislation include grant violence has decreased 21 percent from lican leadership will join with all of us funding for State and local law enforce- 1993 to 1998. Nevertheless, domestic vio- on both sides of the aisle that want ment and prosecutors to combat vio- lence is still experienced by hundreds this measure brought to the floor, just lence against women, shelters for vic- of thousands of women each year. as they have done with H.R. 1248. tims, the national domestic violence There are still demographic groups I also want to commend the gen- hotline, and rape prevention efforts. that need better access to services and tleman from Illinois (Chairman HYDE) Additional initiatives have been au- the criminal justice system. Predomi- for his work on this and other meas- thorized aimed at preventing domestic nantly among them are people who ures during his 6 years as chairman of violence and sexual assault against have not had their immigrant status the House Committee on the Judiciary older and disabled individuals, meeting resolved and are not yet citizens but and which I have been privileged to the civil legal assistance and transi- are subject to lots of unnecessary vio- serve as the ranking member. tional housing needs of victims and es- lence. Mr. Speaker, I reserve the balance of This is where H.R. 1248, our bill, tablishing a task force to minimize my time. overlapping Federal efforts to address comes in. This bill continues funding Mr. HYDE. Mr. Speaker, I thank the for the Violence Against Women Act domestic violence. gentleman from Michigan (Mr. CON- programs such as law enforcement and In short, this bill is a balanced and YERS) for his generous comments as al- prosecution grants to combat violence comprehensive effort to enhance the ways. ability of States and localities to pre- against women, the National Domestic Mr. Speaker, I am pleased to yield vent and combat violence against Violence Hot Line so necessary to any- such time as she may consume to the thing we are doing in this area, the women. gentlewoman from Maryland (Mrs. battered women’s shelters and services, When I am asked about my commit- MORELLA). ment to Violence Against Women Act the education and training for, not Mrs. MORELLA. Mr. Speaker, boy and where that fits into the congres- only judges, but court personnel and am I excited about this. I want to police, the pro-arrest policies, the rural sional crime agenda, my answer is sim- thank the gentleman from Illinois (Mr. domestic violence and child abuse en- ple: violence against women is a crime. HYDE), the Chairman of the Committee forcement, the stalker reduction pro- It is wrong. It should be punished se- on the Judiciary, for yielding the time, gram, and others. verely, and we have a responsibility to for his leadership, and the gentleman develop and fund community-based ef- Importantly, this bill takes prelimi- nary steps to address dating violence, from Michigan (Mr. CONYERS), the forts to prevent it. ranking member of the committee. We must continue to support com- an area which was left out of the pre- vious Violence Against Women law, I was thinking as I was sitting here prehensive community-based efforts to in anticipation, it was Abraham Lin- keep victims safe and hold offenders and provides serious consequences for those who violate this provision. coln who said ‘‘The world will little accountable, and reauthorizing the Vi- note nor long remember what we say olence Against Women Act programs Young women between the ages of 16 and 24 surprisingly experience the here.’’ I will say we will always know through passage and enactment of H.R. what we did here by virtue of reauthor- 1248 will further efforts to do just that. highest rates of violence by current or former intimate partners. And 40 per- izing this Violence Against Women b 1230 cent of the teenage girls between the Act. This is a bill all Members, both Re- ages of 14 and 17 report knowing some- Indeed, the gentleman from Illinois publicans and Democrats, can enthu- one their age who has been beaten or (Chairman HYDE) has really been the siastically support and be proud in so struck by a boyfriend. leader of a number of champions and a doing. Although the majority cut back the champion himself to enable Congress Mr. Speaker, I reserve the balance of original bill’s dating violence program, to continue the commitment that we my time. we were at least able to preserve cov- made in 1994 to eradicate domestic vio- Mr. CONYERS. Mr. Speaker, I yield erage for dating violence in the most lence in our society. Under the leader- myself such time as I may consume. critical areas. ship of the gentleman from Illinois, his Mr. Speaker, I am so happy that the In addition, I hope that, as we move House Committee on the Judiciary did Violence Against Women Act is finally forward, we will be able to restore the add several strong bipartisan amend- coming to the floor of the House of bill’s original protections for popu- ments which strengthened H.R. 1248. Representatives for a disposition, and lations underserved because of alienage For millions of women, reauthorizing just in the nick of time. The funding status, religion, and sexual orienta- VAWA means maintaining the link to for Violence Against Women Act ex- tion. In the Committee on the Judici- life without fear or pain, a right that pires on September 30, 4 days from ary, the majority stripped these groups everyone deserves and a right that we now. from the bill’s definition of under- have a duty to protect. Maybe we can It is not clear what has taken us so served populations. I regret that very only imagine what life would be like to long into coming to the floor with this much. be terrified of the one we love, to fear measure, because it is a bipartisan The majority also blocked amend- how our children will be affected by vi- measure with great support throughout ments that would have added needed olence, to see what they see and feel in the several States and the administra- protections for battered immigrant their own homes. tion and the President as well. women. I look forward to conferencing Every year in this country, over 3 But I am finally glad that the leader- this bill with the Senate bill that con- million children watch as their mother ship has realized what we have been tains many of these provisions. is beaten. As they become adults, some September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8095 will overcome the sadness of their House side, the gentleman from Illinois (Ms. JACKSON-LEE of Texas asked childhood. But many others will de- (Chairman HYDE). The gentleman from and was given permission to revise and velop the only behavior they know, Florida (Mr. MCCOLLUM), the sub- extend her remarks.) continuing the cycle of abuse. Violence committee chairman did a wonderful Ms. JACKSON-LEE of Texas. Mr. Against Women Act provides that link job. I thank the sponsors of valuable Speaker, this afternoon we can spend to life free from fear and violence. additions on the Committee on the Ju- all of our time thanking all of the lead- Without Federal laws, VAWA grants diciary: The gentleman from Florida ers. I thank the gentlewoman from enable States to create solutions to (Mr. MCCOLLUM) for the safe havens for Maryland (Mrs. MORELLA) and the gen- meet local needs that would not hap- children transitional housing. tleman from Michigan (Mr. CONYERS), pen. Mr. HYDE. Mr. Speaker, will the gen- ranking member, and the gentleman When Congress passed VAWA in 1994, tlewoman yield? from Illinois (Chairman HYDE) for we provided tens of thousands of bat- Mrs. MORELLA. Indeed I will yield working together. tered women with hope. Every month, to the gentleman from Illinois. There are so many others that we the National Domestic Violence Hot Mr. HYDE. Mr. Speaker, I just want want to applaud and the women of the Line answers 13,000 calls for help. Since to point out that the gentlewoman House and the men of the House who its inception, the hot line has helped from Maryland (Mrs. MORELLA) de- worked on this. 500,000 victims reach local shelters, serves the fullest accolades of the chief But, Mr. Speaker, let me just simply with counseling, and legal services. sponsor of this legislation. She has say that, although domestic violence is Of the many VAWA grant programs, been on the point. She has urged us, a sick, criminal, and senseless act, it is the battered women’s shelters provide tugged us, pulled us, cajoled us, made alive and well. the safety that every victim seeks for us move forward on this. Her leader- Just yesterday I heard testimony themselves and their children. Across ship has been indispensable, and we sa- from a woman in my district whose the country, shelters overflow. They lute her. face was disfigured because a male Mrs. MORELLA. Mr. Speaker, I are crowded. Women and children seek- family member shot her point-blank in thank the gentleman from Illinois. But ing a safe place to sleep, but are turned the face. it has become a partnership, and the away. All the hot lines, counseling and partnership deserves credit on both b 1245 education programs combined are not sides of the aisle. I cite the glaring headlines in Hous- effective unless victims can be safe. The gentleman from Michigan (Mr. Mr. Speaker, 5 years ago, I was in- ton of a murder-suicide, the husband CONYERS) has worked very hard on it. I volved with the passage of the Violence killing the wife and leaving four chil- want to also pick up on the amend- dren without parents. In a July 2000 Against Women Act which was the first ments: The gentleman from Arkansas time that Congress recognized how do- study, it was reaffirmed that domestic (Mr. HUTCHINSON) for the improved mestic violence adversely affects so violence is alive and well. This bill is civil legal assistance grant program; crucial, it is necessary, it is impera- many women of all ages and very often the gentlewoman from Wisconsin (Ms. their children. Federally funded pro- tive. BALDWIN) for training for elderly Mr. Speaker, 24.8 percent of surveyed grams currently provide training for women and women with disabilities. law enforcement, judicial personnel, women and 7.6 percent of surveyed men The gentleman from Michigan (Mr. said they were raped or physically as- enable the hot line, counselors and CONYERS), ranking member has worked shelters to provide safe alternatives for saulted by a current or former spouse, very hard on it. cohabiting partner, or date at some victims while helping them to rebuild That partnership, it is kind of like time. Among women who were victim- their lives and the lives of their chil- the template for what we should be ized multiple times by the same part- dren. doing in Congress, because it reached Domestic violence and sexual assault out to organizations also that also ner, 62.6 percent of the rape victims have stained our country’s social fab- were there inch by inch, moving along: and 69.5 percent of the assault victims ric, shattering lives and inflicting The National Coalition Against Domes- said their victimization lasted a year much pain on thousands of families. tic Violence with Julie Fulcher; the or more. Multiple times of assault and The intervention of Federal legislation National Network to End Domestic Vi- victimization. Almost 5 percent of U.S. has helped develop a network of local olence; the Now Legal Defense and women are stalked at some time in coalitions and organizations dedicated Education Fund, National Task Force their life and approximately 500,000 to helping victims in their community. on Domestic Violence and Sexual As- women are stalked annually. The statistics on family violence are sault; RAINN, Rape Abuse and Incest This bill is a joy to be reauthorized, staggering. Over 2,000 women are re- National Network; and National Coun- for it helps all of our States. My State portedly raped every week, and 30 per- cil for Jewish Women. of Texas will get $50 million. I am an cent of all female murder victims are I also want to say one thing. I believe advisory member of the Houston Area killed by their husband or significant in a paraphrase of the 23rd Psalm, ‘‘My Women’s Center, and I used to sit on other. rod and my staff, they comfort me’’ the board. I know their needs are Mr. Speaker, these grants and pro- and prepare the papers for me in the strong and they are viable. This bill grams are giving victims a second presence of my constituents. This has will help us solve some of the problems chance. They must be maintained to been darn good staff work. Very good and correct the ills. continue the commitment that we in staff work. I hope that we will be able to fix the Congress made in 1994 to provide I wanted to say that the staff on the Supreme Court decision in H.R. 521 women and children alternatives to liv- majority side, Dan BRYANt, Carl that will help us provide a vehicle for ing with the fear and danger of domes- Thorsen have been fantastic. The staff those who have been kept out of work tic violence and child abuse. on the minority side have been great. to be able to recover their lost damages Domestic violence is a national trag- The leadership staff, Paul McNulty. We because they have been victimized by edy that can only be battled by aware- could not have done it without them. those who have abused them. ness and access to a safe, alternative My staff person, Kate Dickens. I thank I would ask my colleagues to unani- life-style. Public awareness empowers all of them. mously support the reauthorization of victims to seek help instead of living I hope we will have a unanimous vote VAWA, and I thank all of those who with this secret in fear. We know that on this. I thank people on both sides of have worked so hard on this legisla- anyone can be a victim regardless of the aisle for the wonderful work they tion. race, region, or socioeconomic status. have done. Mr. Speaker, I rise in support of H.R. 1248, VAWA programs currently support ef- Mr. CONYERS. Mr. Speaker, it is my the Violence Against Women Act of 1999 forts across the country to keep vic- privilege to yield 2 minutes to the gen- [VAWA]. Domestic violence is a serious issue tims safe and rebuild the lives of tlewoman from Texas (Ms. JACKSON- that deserves the full attention of this Con- women, children and families. LEE) who has worked on this in com- gress. There are so many people to thank, mittee and out of committee with the I thank Representative CONNIE MORELLA for Mr. Speaker: The 240 cosponsors on the public organizations. her leadership on this issue and support the H8096 CONGRESSIONAL RECORD — HOUSE September 26, 2000 full reauthorization of VAWA. When consid- year. This includes costs for emergency room 1,062 women and children and assisted close ering the history of violence against women, care and hospitalization, mental health coun- to 2,000 with other forms of services. we need not look far. The concept that a seling, substance abuse treatment, and health The Texas Council on Family Violence has woman is the property of a man is firmly root- care costs for children. We must recognize used VAWA funds for several projects as well. ed in our English definition of family. Family, that businesses lose up to $100 million a year These include the National Domestic Violence derived from the Latin Familia, is defined as in lost wages, sick leave and absenteeism. It Hotline, Technical Assistance and Model Poli- ``The total number of wives, children and is estimated that 25 percent of these work- cies and Procedures Project, the Texas Do- slaves belonging to one man.'' Unfortunately, place problems are due to domestic violence. mestic Violence Needs Assessment Project this belief still exists today among many in this Battered women suffer from lost productivity and the Domestic Violence Rural Education country today. Domestic violence affects due to illness, inability to concentrate and fre- Project. Reauthorization of VAWA will help to women of all cultures, races, occupations, and quent absenteeism. This is why it is necessary maintain the current level of services and en- income levels. Furthermore, approximately to include provisions like the Victims Employ- sure that these projects are able to continue to one-third of the men counseled for battering ment Rights Act that would and tax incentives provide quality service. These organizations are professional men who are well respected for employers that would encourage large and are vital to women in need of assistance and in their jobs and communities. According to small businesses to train their employees to services. VAWA must be reauthorized in order the National Crime Victimization Survey data recognize the special needs of victims of do- for these programs and the many others pre- from the Department of Justice, between 1992 mestic violence. viously mentioned to continue and I hope that and 1996, over 150,000 women were victims Moreover, violence in teen dating relation- this body will work together today to vote in of violent crimes. ships is also widespread. Between 25 and 40 favor of the Violence Against Women Act of Although domestic violence affects women percent of teens are reported to have been 1999. across all racial and economic lines, a high assaulted by dates and 60 percent of all rapes Mr. HYDE. Mr. Speaker, I yield 2 percentage of these victims are women of reported the rape crisis centers are committed minutes to the gentleman from Arkan- color. African-American women account for 16 by acquaintances with the majority of these sas (Mr. HUTCHINSON). percent of the women who have been phys- victims between the ages of 16 and 24 years. Mr. HUTCHINSON. Mr. Speaker, I ically abused by a husband or partner in the This is why it is necessary to include ``dating thank the gentleman for yielding me last 5 years. African-American women were violence'' in the definition of domestic violence this time; and, Mr. Speaker, I am the victims in more than 53 percent of the vio- so that we do not ignore the unique cir- pleased to rise in support of the Vio- lent deaths that occurred in 1997. As a result, cumstances of dating violence victims. Hous- lence Against Women Act of 2000 and the Violence Against Women Act [VAWA] of ing is another significant economic concern its reauthorization. 1994 was the congressional response to the that should have been addressed in H.R. I congratulate the congressional growing problem of domestic violence. VAWA 1248. Because many women are economically leadership for bringing this bill to the created new criminal enforcement authority dependent on their batterers, shelters are vital floor; to the gentlewoman from Mary- and it enhanced penalties to combat sexual to assist these women with some form of tran- land (Mrs. MORELLA), who has done assault domestic violence in Federal court and sitional housing. such an outstanding job in her leader- since the funding for VAWA I expires at the This bill, H.R. 1248 does reauthorize grant ship, and the gentleman from Illinois end of this fiscal year, it is necessary to reau- funding for the training and education of court (Mr. HYDE) for leading it through the thorize funding for these most vital programs. personnel and I applaud this inclusion. We committee. Mr. Speaker, the dynamics of domestic vio- must not forget that criminal justice and the This legislation authorizes and im- lence can be as subtle as a verbal attack or legal system are affected by incidences of do- proves programs created by the Vio- as overt as murder. Battering instills a sense mestic violence. Frequent reports to police lence Against Women Act. Among of control and fear in a victim through a series and appearances in court are common. Most some provisions that are very impor- of behaviors that include intimidation, threats, police reports and court appearances are due tant to me, it provides civil legal as- psychological abuse, isolation and physical vi- to abusers who stalk their victims. Immigrant sistance to the victims of domestic vio- olence. Nationwide, one out of every four women are also vulnerable to domestic vio- lence and sexual assault. It establishes women of all women is battered at some point lence because of the jeopardy of their immi- uniform standards for sexual assault in their lives. Every 15 seconds a woman is grant status that is exacerbated by economic examination and creates a domestic vi- beaten. Domestic violence is the leading dependency. Also many immigrant women are olence task force to report to Congress cause of injury to women between the ages of dependent on their abusers for legal status. on any duplication or overlapping of 15 to 44. Close to 22 to 35 percent of the Unfortunately, this is not adequately ad- Federal efforts to address domestic vio- women who visit emergency rooms are there dressed in H.R. 1248, but I am hopeful that lence. for injuries related to domestic abuse. Vio- this issue will be properly addressed in the fu- lence against women destroys families, takes ture. As a practicing lawyer, the civil legal the lives of women and their children, and it Mr. Speaker, I would also like to bring assistance, I see, as very critical. And traumatizes the young people who witness it. awareness to the specific problems within my this is the reason this amendment was States are increasingly recognizing that 42 State of Texas. In Texas, there were 175,725 offered in committee, that would allow states and the District of Columbia now in- incidents of family violence in 1998. An esti- Legal Services Corporation funding to clude domestic violence as a factor in custody mated 824,790 women were physically be spent on behalf of these victims. decisions. Children who witness violence at abused in Texas in 1998. Of all of the women Whenever they come into an office, home often display emotional and behavioral killed in 1997, 35 percent were murdered by whenever they are victimized, they disturbances. Child abuse is 15 times more their intimate male partners. In 1998, 110 need not only a shelter but they need likely to occur in families where domestic vio- women were murdered by their partners. legal assistance to have access to the lence is present. It is well documented that An example of the importance of this legis- courts. children who witness violence in the home lation is the impact that VAWA grants have During the last 6 years that these grow up to repeat the same patterns as had on services in the local community. In programs have been authorized, it has adults. Men who have witnessed their parents' Houston, we have the Houston Area Women's made a crucial difference in the lives of domestic violence are three times as likely to Center which operates a domestic violence women and children who have been vic- abuse their own wives. The National Institute hotline, a shelter for battered women and timized by domestic violence. In my for Justice reports that being abused as a counseling for violence survivors. The center home State of Arkansas, the program child increases the likelihood of arrest as a ju- provides all of its services for free. Further- funds 95 percent of the domestic vio- venile by 53 percent and as an adult by 38 more, this center maintains an invaluable lence shelters available to battered percent. website that allows anyone to access informa- women; it funds three personnel to The tragedy of violence against women is tion about domestic violence resources and train prosecutors, law enforcement of- not just a personal problemÐit is a community support networks. ficers, and shelter workers on how to crisis. Violence against women has many eco- Over 34,000 women in Houston called for help battered women. It funds a DNA nomic ramifications including health care counseling services in 1997 for family vio- analysis machine critical to identi- costs, employment, housing, and social and lence. This counseling included services for fying the identity of sexual assaulters. legal services. Medical expenses from domes- women with children and teenagers who have It has been instrumental in solving tic violence total at least $3 to $5 billion each also survived violence. The shelter housed some violent crimes. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8097 These funds, Mr. Speaker, are criti- Mr. Speaker, we owe it to this shelter Act is urgently needed, for reasons we cally important to our State, and Con- and others around this country to help have already heard. It is disgraceful gress must continue to support the them in this effort; to help these vic- not only that consideration of the re- comprehensive community-based ef- tims find a new and much better life. authorization of this bill has been de- forts to keep victims safe and hold of- By supporting the Violence Against layed until only days before it expires, fenders accountable. Reauthorizing Women Act, we can make a modest but also that some Members of the this legislation is an important act of contribution towards addressing this other body have stated that VAWA will this Congress, and I urge my colleagues dire concern. be attached to controversial bank- to support this legislation. Mr. CONYERS. Mr. Speaker, I yield 1 ruptcy legislation as a sweetener to get Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentleman from North Members who object to that bill to minute to the gentlewoman from Wis- Dakota (Mr. POMEROY). vote for a combined bill. consin (Ms. BALDWIN); and I apologize Mr. POMEROY. Mr. Speaker, I thank Joining these two bills would be a to everyone in advance, especially the the ranking member for yielding me cynical and desperate ploy to try to ob- gentlewoman from California (Ms. this time. tain enactment of a bankruptcy bill MILLENDER-MCDONALD), for the con- There are 4 days left under the exist- that injures women and their families, striction in time that we are under. ing authorization of the Violence injures consumers and small busi- Ms. BALDWIN. Mr. Speaker, the Bu- Against Women Act. Thank goodness nesses, and which no longer will have a reau of Justice statistics recently re- we were able to take the action today provision that would prevent those who leased a report that contains encour- so that hopefully there will not be any use threats and violence to harass aging news. Overall violence against gap whatsoever in the authorization women and their doctors from using women has declined in recent years. I for this legislation. The fight against the Bankruptcy Code to evade their credit the Violence Against Women Act domestic violence is simply too impor- lawful fines under the Freedom of Ac- and local and State programs that it tant for us to signal somehow that this cess to Clinic Entrances Act. We can- has supported over the last 6 years. authorization and our commitment to not make an anti-woman and anti-fam- But our work is far from done. Do- this fight is going to be disrupted. ily bill like that acceptable by attach- mestic violence and sexual assault are In my own State of North Dakota in ing a popular and worthwhile measure, still a scourge on our Nation. The sta- 1999 there were 5,800 incidents of do- which should easily have passed on its tistics are chilling. Nearly one in three mestic violence and 3,600 victims re- own months ago. As Joan Entmacher, women will experience physical or sex- porting to State crisis intervention of the National Women’s Law Center, ual assault during their lifetimes. centers. The programs and the funding has put it, ‘‘This is not a sweetener, These horrible crimes damage lives and that flow from this authorization are it’s extortion.’’ I call on the other body to do the tear families apart. We must do all we critically linked to the fight so admi- right thing and pass the Violence can to stop the cycle of violence in our rably waged by the advocates on the Against Women Act on its own stand- country. VAWA is a proven part of that ground helping these victims. The fight alone bill. Let us continue to debate solution. is just too important to walk away Mr. Speaker, I have worked towards the many flaws of the proposed bank- from; and I am very pleased and com- this day and this vote for many months ruptcy bill separately. But I urge the mend all who, in a bipartisan manner, with the author of this bill, the distin- other body to not use battered, abused, guished members of the Committee on have brought this matter to the floor and murdered women, who do not have the Judiciary, and committed activists today for our action. the millions to lobby Congress, to give Mr. HYDE. Mr. Speaker, I yield 1 from across the country. Now we must a gift to the banks and creditors. Let minute to the gentleman from Cali- move the reauthorization of VAWA us pass this with bipartisan support through the last steps and ensure that fornia (Mr. ROYCE). today, pass it unencumbered to the Mr. ROYCE. Mr. Speaker, I thank the it is passed into law this session. Senate, and send it to the President. Mr. HYDE. Mr. Speaker, I ask unani- gentleman for yielding me this time. Mr. Speaker, reauthorization of the Violence mous consent that both sides may have Mr. Speaker, every year, and this Against Women Act is urgently needed for an additional 5 minutes for debate. year again, we will have several mil- reasons we have already heard. Every day The SPEAKER pro tempore (Mr. lion women in this country who are at- four women die in this country as a result of SIMPSON). Without objection, each side tacked by their ex-husbands or by ex- ``domestic violence''Ðthe euphemism for mur- is recognized for an additional 5 min- boyfriends. There will be half a million ders and assaults by husbands and boy- utes. who are stalked. Four thousand of friends. That's approximately 1,400 women a There was no objection. these women will die. These are at year. Estimates indicate that every year 1.2 Mr. HYDE. Mr. Speaker, I yield 1 times silent cries, with the victims not million women are forcibly raped by their cur- minute to the gentlewoman from Cali- knowing where or to whom they can rent or former male partners. This bill is a cru- fornia (Mrs. BONO), one of the most pro- turn for help. cial first step in addressing this horrific situa- ductive and useful members of our This horrifying reality is a call for us tion. It is disgraceful that this bill, which has Committee on the Judiciary. to ensure that women and law enforce- overwhelming support in both houses, is com- Mrs. BONO. Mr. Speaker, I rise today ment, local law enforcement, have the ing up just a few short days before authoriza- in support of H.R. 1248, which reauthor- resources necessary to escape abuse. tion for VAWA is set to expire. This delay is izes the Violence Against Women Act. That is why I am a cosponsor of this as irresponsible as it is unnecessary. We have In California’s’s 44th Congressional bill to reauthorize the Violence a lot more work to do to reduce violence in District, organizations like Shelter Against Women Act. our communities and in our families. We could From the Storm are making tremen- I think it is important for us to rec- add to the bill before us dozens of ways to dous strides in addressing the emo- ognize that since it was authorized in strengthen its provisions, but at the very least, tional and physical pain which comes 1994, we have seen a reduction by 21 let us pass this underlying bill with bipartisan from domestic violence. During my percent of the level of violence com- support today, pass it unencumbered in the many visits to the shelter, I have wit- mitted against women and children by Senate, and send it to the President. nessed the love and dedication of those their spouses or by their partners. Mr. HYDE. Mr. Speaker, I yield 11⁄2 who work and volunteer there. In Thanks to this bill, more than 300,000 minutes to the gentlewoman from New speaking with the many women who women who were seeking a safe haven York (Mrs. KELLY). have sought out the shelter as a last have received much-needed shelter. I Mrs. KELLY. Mr. Speaker, I rise refuge, I have seen the fear in their urge its passage today. today in strong support of the Violence eyes and heard of the hope in their Mr. CONYERS. Mr. Speaker, I yield 1 Against Women Act of 1999. Today’s hearts. For the women and children minute to the gentleman from New Washington Post includes an editorial who find themselves in the traumatic York (Mr. NADLER), a member of the in support of H.R. 1248. The column situation of having to escape abuse, Committee on the Judiciary who has states, ‘‘There seems to be no good rea- often having to leave all they love and been committed to this measure. son, practical or substantive, to oppose know behind, Shelter From the Storm Mr. NADLER. Mr. Speaker, reauthor- reauthorization of the Violence stands ready to help. ization of the Violence Against Women Against Women Act.’’ H8098 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Mr. Speaker, this editorial hits the Washington (Ms. DUNN), who has been a violent crime against women in Amer- nail on the head. The U.S. Department leader in this struggle for women’s ica. Over 300,000 women were raped and of Justice has estimated that between rights. sexually assaulted in 1999 alone, Mr. one and four million women are phys- b 1300 Speaker, and approximately 1 million ically abused by their husbands or live- women are stalked each year. in partners each year. There is violence Ms. DUNN. Mr. Speaker, today I rise The State of California, which I rep- in one out of four American homes. in support of the Violence Against resent, maintains 23 sexual assault re- Justice also reports that up to 40 per- Women Act, or VAWA as we know it. sponse teams, 13 domestic violence re- cent of teenage girls, age 14 to 17, re- We have heard today how instru- sponse teams, and scores of domestic port knowing someone their age who mental this act has been in helping violence advocates located in the has been hit or beaten by a boyfriend. women who are victims of domestic vi- State. Family violence costs the Nation up- olence. The Violence Against Women Act wards of $10 billion annually in medical In my district in Washington State, must be reauthorized. We cannot turn expenses, police and court costs, shel- Eastside Domestic Violence finds our backs on women in need of protec- ters and foster care, sick leave, absen- women and children anonymous hous- tion and care. I urge passage of this teeism and nonproductivity. And, Mr. ing, counseling, jobs, and makes the bill. Speaker, I have only touched on the tip initial transition out of a violent home Mr. HYDE. Mr. Speaker, I yield 2 of the iceberg. a little bit easier for a woman. minutes to the gentleman from New Unlike many people, we are in a posi- The physical and mental abuse these Hampshire (Mr. BASS), the great gran- tion to help turn these statistics women suffer can be astounding, and ite State. around. We can begin by passing this women’s shelters like Eastside Domes- Mr. BASS. Mr. Speaker, I thank the bill today and help thousands of men tic Violence are crucial in helping chairman of the Committee on the Ju- and millions of women who face abuse them take their first, most difficult diciary for yielding me the time. in their own homes to feel a little safer step toward freedom. Mr. Speaker, I rise as a supporter and knowing that we are here, that we are Last year, I co-chaired the Bipartisan cosponsor of the Violence Against listening, and that we will once again Working Group on Youth Violence with Women Act. I cannot go further with- fulfill our promise and continue to sup- my colleague on the Democrat side, the out thanking my colleague the gentle- ply the resources to help them escape gentleman from Texas (Mr. Frost). The woman from Maryland (Mrs. MORELLA) from abuse and end the cycle of vio- 24 Republicans and Democrats who for the enormous energy and persist- lence. comprised the Working Group heard ence that she has displayed in pushing Mr. Speaker, I would like to thank frequently from law enforcement, aca- this bill forward in a just-in-time fash- my good friend, the gentlewoman from demia, and family groups that a pri- ion. Maryland (Mrs. MORELLA), for her tire- mary contributor to youth violence is As we have heard before, the Depart- less efforts on behalf of these men and violence in the home. Children raised ment of Justice estimates that up to 4 women; and especially my friend, the in homes where there is violence are million women are physically abused gentleman from Illinois (Mr. HYDE); more prone to be violent offenders by their husbands or live-in partners and my friend, the gentleman from themselves. each year. This is absolutely unaccept- Florida (Mr. MCCOLLUM), who all Unfortunately, once these children able. helped move the legislation forward. I and their mothers are taken out of a Family violence costs this Nation up- urge my colleagues to join me in sup- violent home, too often they do not re- wards of 10 billion annually in medical porting this important legislation. ceive proper counseling. With this bill, expenses, police and court costs, shel- Mr. CONYERS. Mr. Speaker, I yield 1 we will reach more young people in ters and foster care, sick leave, absen- minute to the gentlewoman from Cali- need of counseling and a safe environ- teeism, and non-productivity. But the fornia (Ms. LOFGREN), a member of the ment where they can be taught that vi- real toll on America is really more Committee on the Judiciary, who has olence is not the way to deal with con- costly than that. It is non-quantifiable. been tireless on this measure. flict. We must break the cycle of vio- What domestic violence really is is Ms. LOFGREN. Mr. Speaker, I urge lence. probably the saddest aspect of our cul- every Member of this body to vote for Mr. Speaker, reauthorizing the Vio- ture in our civilization. And there is no this measure. For years, before I was lence Against Women Act is one of the victim worse than the children that are elected to Congress, I served on the most important things we can do to in these households and that are sub- County Board of Supervisors in Santa stop youth violence and family vio- ject to the types of problems that exist Clara County. It was in that capacity lence. I urge my colleagues to support in areas where there is physical and that I really started to understand do- this important measure. emotional abuse in the household. mestic violence. Mr. CONYERS. Mr. Speaker, I yield 1 For the past 5 years, the Violence In the year before I became a Member minute to the gentlewoman from Cali- Against Women Act has helped address of Congress, we did a survey of our fornia (Ms. MILLENDER-MCDONALD), the these underlying causes and has pro- county hospital and found that over vice co-chair of the Women’s Caucus vided desperately needed crisis services one-third of the emergency room visits who worked so hard on this. for victims and survivors. VAWA has to the county hospital were related to Ms. MILLENDER-MCDONALD. Mr. paid special attention to rural towns domestic violence. We know that na- Speaker, I thank all of those who are and counties where previously there tionwide a third of the women who are responsible for bringing this piece of had been no organized efforts. murdered every year are murdered in legislation to the floor, especially the I believe that State and local govern- the course of domestic violence by an gentlewoman from Maryland (Mrs. ments should do more to prevent these intimate partner, and that 20 percent MORELLA). abuses, but the Federal Government of all violent crimes against women are Mr. Speaker, this comprehensive law must play a role if we are to continue related to domestic violence. sends a clear message across the Na- with the successes of VAWA. This authorization will provide $92.5 tion: violence against women is a Mr. Speaker, we are now in a position million to the State of California to crime, and punishment for this crime to move the successes of the past for- help women who are victims of domes- will be enforced. ward and we can only do this by pass- tic violence. I know firsthand, from the While the Violence Against Women ing H.R. 1248, the Violence Against shelter in my neighborhood in San Act has had a positive impact on com- Women Act. Jose, that women need to be able to es- munities across the Nation, there is Mr. CONYERS. Mr. Speaker, I yield 1 cape with their children to safety as a still much work to be done. Violence minute to the gentlewoman from New first step to removing themselves from still devastates the lives of too many York (Mrs. LOWEY) who has worked this violence. This act is essential in women and children. Nearly one-third very hard on this measure. providing those resources. of women murdered each year are (Mrs. LOWEY asked and was given Mr. HYDE. Mr. Speaker, I yield 2 killed by their partners. Domestic vio- permission to revise and extend her re- minutes to the gentlewoman from lence accounts for over 20 percent of all marks.) September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8099 Mrs. LOWEY. Mr. Speaker, I rise in grams and services expiring October 1, women and children by their spouses, strong support of the Violence Against 2000, will be renewed. This act is a re- partners and fathers. Since it was Women Act. sponsible piece of legislation that helps signed into law in 1994, the Violence Mr. Speaker, I want to commend my fulfill our commitment to making our Against Women Act has strengthened colleagues on both sides of the aisle, streets and homes safer for women and criminal laws and provided funding to especially my good friend the gentle- children. enhance their enforcement. It has also woman from Maryland (Mrs. MORELLA) Mr. CONYERS. Mr. Speaker, I yield 1 provided a foundation for a successful for her hard work to reenact this land- minute to the distinguished gentle- long-term criminal justice effort to end mark law. woman from New York (Ms. SLAUGH- violence against women. In just 6 years, VAWA has provided TER) a distinguished member of the By encouraging collaboration among over $1.5 billion to support prosecutors, Committee on Rules. police, prosecutors and victims service law enforcement, courts, shelters, sup- Ms. SLAUGHTER. Mr. Speaker, 15 providers, the Violence Against Women port services, and prevention programs years ago, our greatest challenge was Act is providing a comprehensive com- to combat violence against women. convincing Americans that domestic munity response to violence against And it has worked. violence was a real problem. Many women across the country. Violence The Department of Justice reported women knew too well that we were in Against Women Act grants have made earlier this year that intimate partner the midst of a deadly epidemic, but the a difference in the lives of women and violence fell by over 20 percent from culture of silence that surrounded the their families. 1993 through 1998. In my district, the issue made it difficult for them to Authorization of this critical set of Queens County District Attorney has speak out or get help. Being a victim of programs expires in just four days. It more than doubled the rate of convic- domestic violence was a source of fear would simply be irresponsible of this tion for domestic violence-related and shame. Many women were trapped body to fail to reauthorize this impor- crimes since his office started to re- in these situations without any means tant legislation before adjourning. I ceive VAWA funding. But there is so of escape. urge my colleagues to support the leg- much more to do. Furthermore, it was trivialized by islation. I am so pleased that my legislation law enforcement, by the judicial sys- Mr. CONYERS. Mr. Speaker, I am that I introduced has been included in tem, by health care providers, and even pleased to yield 1 minute to the honor- this bill, the Access to Safety and Ad- sometimes by friends, family, and able gentleman from Texas (Mr. vocacy Act, which will significantly neighbors. DOGGETT). expand civil legal assistance for vic- I am proud to have been an original Mr. DOGGETT. Mr. Speaker, I rise in tims of domestic violence and sexual coauthor of this bill and a leader strong support of this legislation, assault. The bill will increase Federal among the Members who fought for its which reauthorizes the National Do- funding and do so many other good passage. But I must remind everybody, mestic Violence Hotline, head- things. And every woman deserves to it was enormously controversial. Many quartered in my hometown of Austin, feel and be safe in her home, her work- Members objected to its passage stren- Texas. place, and her community. uously. My colleagues and I worked This hotline has seen a steady rise in I thank my colleagues again for mov- long and hard to convince them other- its calls from around the country that ing this bill. wise and finally secured its inclusion in it so effectively handles. In 3 years, the Mr. HYDE. Mr. Speaker, I am very the omnibus crime passage. number of calls has almost doubled to pleased to yield 11⁄2 minutes to the dis- VAWA, which catapulted domestic over 142,000 each year. Hotline Direc- tinguished gentleman from Kansas (Mr. violence onto the national agenda, pro- tor, Shun Thompson, and her staff have MORAN). vided Federal support for programs capably ensured that those in crisis are Mr. MORAN of Kansas. Mr. Speaker, like shelters for battered women and referred to local community services I thank the distinguished gentleman their children, education for law en- across America. from Illinois (Mr. HYDE) for yielding forcement officers and judges, and re- Further, this legislation is vital to me the time to rise in support of H.R. sources for prevention and education. I community organizations like 1248. I also want to thank the gentle- was also the author on that bill to pro- SafePlace in Austin, so ably led by Ex- woman from Maryland (Mrs. MORELLA) tect immigrant spouses. ecutive Director Kelly White and Board for introducing this important legisla- I urge passage of the bill, and I thank Chairman Donna Stockton Hicks. The tion. I, too, am a cosponsor of H.R. the gentlewoman from Maryland (Mrs. professional staff and numerous com- 1248. MORELLA) for saving it from extinc- munity volunteers at SafePlace pro- This legislation was originally passed tion. vide a number of innovative programs in 1994 and has made a critical dif- Mr. HYDE. Mr. Speaker, I am very in addition to the traditional coun- ference in the lives of women and chil- pleased to yield 11⁄2 minutes to the very seling, domestic violence emergency dren endangered by domestic violence, distinguished gentleman from the Nut- shelters and transitional housing. sexual assault, and child abuse in my meg State, Connecticut (Mr. SHAYS). One of these is ‘‘Expect Respect,’’ a State of Kansas. We must continue our Mr. SHAYS. Mr. Speaker, I thank the program that focuses on raising respect efforts to prevent this type of violence. chairman for yielding me the time. and preventing domestic violence Over the last 5 years, the State of Mr. Speaker, I rise in strong support among our youngest Austinites in ele- Kansas has received in excess of $9.4 of the Violence Against Women Act. mentary and secondary schools. million to combat violence against This legislation needs to be reauthor- Because today’s bill has been pre- women. These funds have helped our ized. sented under a procedure that permits communities increase victim safety, I commend the gentleman from Illi- no amendments, I am unable to offer access to services and investigation, nois (Mr. HYDE), the gentlewoman from my proposal, the ‘‘Domestic Violence and prosecution of domestic violence Maryland (Mrs. MORELLA), the gen- Economic Security Act,’’ which would and child abuse cases. This bill helps tleman from Michigan (Mr. CONYERS) authorize temporary unemployment pay for 27 domestic violence shelters and the gentleman from Florida (Mr. compensation for those victims of do- and local programs in our very rural MCCOLLUM) for their tireless efforts to mestic violence who have a reasonable State. Each year these programs serve bring this vital piece of legislation to fear of violence in the workplace. It en- more than 16,000 Kansans and respond the floor. sures that no victim who leaves a job to more than 38,000 crisis calls. While The scourge of domestic violence because of a reasonable fear of violence we have made some important strides must be ended. Perpetrators of these is denied help. in our State against reducing violence reprehensible crimes must be punished In this country, a woman is battered against women, lives remain at risk and victims must have support services every 15 seconds—nearly 6,000 women a every day. available to help them transition to a day. This public health problem must Reauthorization of this legislation is normal life. be given top priority, and we can begin a vital investment in our country’s fu- This law has substantially reduced that focus by reauthorizing the ‘‘Vio- ture. With this authorization, pro- the level of violence committed against lence Against Women Act.’’ But there H8100 CONGRESSIONAL RECORD — HOUSE September 26, 2000 is so much more work on domestic vio- Mrs. MALONEY of New York. Mr. tion of the Violence Against Women Act. lence for the next Congress to under- Speaker, I thank the gentleman for Originally passed in 1994, the act provides take. yielding the time and for his leader- money to state and local institutions to help Mr. HYDE. Mr. Speaker, I am very combat domestic violence. It is set to expire ship. at the end of the month. Its reauthorization pleased to yield 1 minute to the distin- With the Violence Against Women has overwhelming bipartisan support. But guished gentleman from California Act set to expire and with the 106th House and Senate leaders have yet to sched- (Mr. OSE). Congress coming to a close, it is crit- ule a vote. (Mr. OSE asked and was given per- ical that we act today to pass it. The Versions of the bill have been favorably re- mission to revise and extend his re- Violence Against Women Act is the ported by the judiciary committees of both marks.) most important legislative action be- chambers. Both would expand programs that Mr. OSE. Mr. Speaker, I thank the fore Congress that has been endorsed during the past five years have helped create an infrastructure capable of prosecuting do- chairman for yielding me the time. In by the bipartisan Women’s Caucus. the interest of time constraints, I will mestic violence cases and providing services Enacted in 1994, VAWA has already to battered women. Since the original act be brief. provided crucial judicial and law en- was passed, Congress has devoted $1.5 billion Mr. Speaker, I do want to note that I forcement training on violence against to programs created by it. The House and am a strong advocate and cosponsor of women, shelters for abused women, a Senate bills differ, but both would authorize this bill. It is interesting. I have three national hotline with over 13,000 con- more than $3 billion in further support dur- older sisters and two young daughters; tacts each month, and child abuse pre- ing the next five years. There is room to de- and we need to bring an end to this vio- vention programs across this country. bate the proper funding level relative to lence against women. other priorities, a matter which will be de- The committee acted to expand it in termined later by appropriators; and the pro- The bill itself, under the guidance of several ways this year, and I am the gentlewoman from Maryland (Mrs. grams won’t end immediately if the act pleased that my bill, the Older Ameri- lapses, because funds have been approved for MORELLA) who, by the way, is to be cans Protection from Violence Act, was the coming year. But failing to reauthorize commended for her strong advocacy of included in the underlying mark which would send the wrong message on an impor- bringing this to the floor, will give us has grant programs and aspects that tant issue and, more important, could another leg up on curing this problem specifically address older and disabled threaten future appropriations. and finally providing some safety and women. With time in the 106th Congress running security to women in our country who out, the Violence Against Women Act may I also would like to join in thanking become a casualty of neglect rather than of otherwise might have to face this ter- the Democratic leadership who more rible scourge. active opposition. But that’s no comfort. than 2 weeks ago sent a letter to Congress ought to find the time to pass it be- Mr. Speaker, in the United States, rape, Speaker HASTERT demanding a vote on fore leaving town. sexual assault, domestic violence and stalking this bill, as have many Members of Mr. CONYERS. Mr. Speaker, I yield 1 affect the lives of millions of women each year Congress. minute to the gentlewoman from Illi- regardless of financial means, race, religion, Mr. Speaker, I include for the nois (Ms. SCHAKOWSKY). or country of origin. Violence not only affects RECORD that letter and an editorial in Ms. SCHAKOWSKY. Mr. Speaker, I women in their homes, but in their workplace, support of this legislation. would first like to thank the gentle- schools, and every arena of their lives. The ef- WASHINGTON, DC, woman from Maryland (Mrs. MORELLA) fects of such violence is felt not only by each September 20, 2000. and the gentleman from Michigan (Mr. individual woman, but by their children, fami- Hon. DENNIS HASTERT, Speaker of the House, The Capitol, Washington, CONYERS) for their years of outstanding lies, loved ones, employers, and communities. leadership on the Violence Against Five years ago, Congress passed and the DC. Women Act and the gentleman from Il- President signed into law, the Violence DEAR MR. SPEAKER: We are writing to urge immediate consideration of H.R. 1248, The linois (Mr. HYDE) for his leadership as Against Women Act as part of the 1994 Crime Violence Against Women Act, before the well. Act. At that time, VAWA began an ongoing, 106th Congress adjourns. H.R. 1248 currently In my home State of Illinois, VAWA comprehensive agenda to address violence has 233 co-sponsors with strong bi-partisan has meant over $40 million for pro- against women. support. grams that protect hundreds of thou- The enactment of VAWA marked the first The Violence Against Women Act was sands of women, children and men who time that the federal government committed originally passed in 1994 as an amendment to are victims of domestic violence, sex- funds and law enforcement to join state and the omnibus Crime Bill. The act authorized ual assault and stalking. I am also local entities within the justice system in re- over a billion dollars to states for law-en- pleased that H.R. 1248 includes lan- sponding to violence against women. forcement grants, judicial training, shelters, Congress now has the opportunity to con- a national hotline, child abuse and preven- guage from a bill I introduced, H.R. tion programs. Thousand of victims from 1352, to fund transitional housing pro- tinue and extend the fine programs within every state, race, and socio-economic level VAWA. grams for women escaping abuse. have relied on these services for protection In 1994 with the historic passage of The National Domestic Violence Hotline, from violence for themselves and their chil- battered women shelters, training for judges VAWA, Congress sent a clear message dren. We believe that VAWA has saved lives to this Nation that violence against and other court personnel, counseling serv- and helped to re-build even more. Without ices, and child abuse prevention programs all re-authorizing this program by its expiration women is not just wrong, it is a crime. benefit from H.R. 1248. Today's bill enhances in October of this year, every state risks los- But there were gaps in VAWA 1994 that the original VAWA by including authorization ing millions of dollars for existing programs. are addressed in this legislation today. for new programs regarding dating violence, As you may recall, the Congressional Cau- We can still do more. It is my hope cus for Women’s Issues met with you earlier that when this bill goes to conference, elder and disabled abuse, transitional housing, this year to discuss this bill, which remains full faith and credit for protection orders, and the conferees will accept the Senate’s one of our top priorities. language that provides desperately supervised visitation centers. The bill passed the House Judiciary Com- Reauthorizing this legislation will continue mittee by voice vote. Several key amend- needed protections for battered women. the Congressional commitment to making our ments were added and approved by the full But the clock is ticking. These crit- streets and homes safe for women and chil- Committee, but the bill has yet to reach the ical programs expire in only a few dren. House floor. As you know, jurisdiction over days. I urge everyone to vote for H.R. I urge all of my colleagues to support this the re-authorization bill is also held by the 1248. legislation. Committee on Education and Workforce and Mr. CONYERS. Mr. Speaker, I yield 1 the Committee on Commerce. minute to the gentlewoman from Indi- b 1315 We urge you to schedule a vote by the full ana (Ms. CARSON), who has worked very Mr. CONYERS. Mr. Speaker, I yield 1 House before the end of this session. hard on the measure. Sincerely, minute to the distinguished gentle- Ms. CARSON. Mr. Speaker, I thank CAROLYN B. MALONEY woman from New York (Mrs. and 81 others. the gentleman from Michigan (Mr. MALONEY), cochair of the Women’s CONYERS) and the gentleman from Illi- Caucus. [From the Washington Post, Sept. 26, 2000] nois (Mr. HYDE) in the bipartisan sup- (Mrs. MALONEY of New York asked INEXPLICABLE NEGLECT port of H.R. 1248, for which I am a co- and was given permission to revise and There seems to be no good reason, prac- sponsor. I appreciate very much the ex- extend her remarks.) tical or substantive, to oppose reauthoriza- peditious movement now of H.R. 1248 September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8101 prior to the expiration of the author- Mr. Speaker, each year more than 1 and recognizing with law enforcement ization on September 30, 2000. million acts of intimate-partner vio- and court personnel that women need- Without being redundant, let me give lence occur. Eighty-five percent of ed to make sure that these laws were Members two cases in point that oc- these assaults are committed against being enforced. curred in my district. One woman had women. Women are two to three times The resources from this act give gone down to get a protective order more likely to be seriously or fatally badly needed moneys to States so that against a perpetrator of violence injured in acts of sexual assault and they can develop shelters and protec- against her and her children. She was domestic violence than men. Because tions in transition, so people can move at a day care center while the prosecu- women are disproportionately the vic- out of that, and particularly women tors and the police department released tims of sexual assaults, it is appro- and children, because the impact is the perpetrator out on home moni- priate and necessary that we target onto the family and onto the children; toring devices at which time he went most of our funding for sexual assaults and it is happening generation after out and assaulted the woman and for women. As a child, I was taught by generation after generation. killed her in front of several other chil- my mother that to hit a woman was a I want to commend the authors and dren. cowardly act and that a man who tell them how vitally important it is in Domestic violence has a perpetual ef- would hit a woman was a coward. working at this and to let those per- fect, not just the victim who is injured The Violence Against Women Act petrators know that bipartisanly we but people in her family, in her envi- funds such important programs as the stand together, it is important, it is a ronment and in her surroundings. I like national domestic violence hotline, crime and it should not be happening. I the fact that this expansion of H.R. rape prevention education, youth edu- urge the passage of this. 1248 now includes assistance for immi- cation, and domestic violence and bat- Mr. CONYERS. Mr. Speaker, I yield grants, sexual assault training, and the tered women’s shelters and services. myself such time as I may consume. I believe that this measure, passed inclusion of stalking and domestic vio- Women urgently need domestic and unanimously out of the Committee on lence data into crime statistics. sexual assault services. The Violence the Judiciary, has reached a point I urge Members’ support. I appreciate Against Women Act has laid the where we can pass it just in the nick of the bipartisan nature of which this bill groundwork to provide these services. time before the September 30 expira- has moved forward. It is critical that we build upon this Mr. CONYERS. Mr. Speaker, I yield 1 tion. As we celebrate this moment, foundation by reauthorizing this act could we remember that it is merely a minute to the distinguished gentleman before this legislation session con- step in the right direction. There is a from New Jersey (Mr. PASCRELL). cludes. lot more to do. There are still those in Mr. PASCRELL. Mr. Speaker, I Mr. CONYERS. Mr. Speaker, I yield 1 thank the gentleman from Michigan law enforcement and on the bench in minute to the distinguished gentleman the judiciary who still are not fully ap- for yielding me this time. I would also from Maryland (Mr. HOYER). prised of the seriousness of the violence like to thank him for his leadership Mr. HOYER. I thank the gentleman against women, particularly wives and and the leadership of the gentlewoman for yielding me this time. girlfriends who are still subject to so from Maryland (Mrs. MORELLA) for Ladies and gentlemen of this House, much violence. their advocacy on behalf of women who over a quarter of a century ago as There is more we can do with our im- are victims of domestic abuse and vio- president of the Maryland Senate, I led migrant women who have been vir- lence. I praise their efforts. They are an effort to revise extensively the sex- tually ignored up until this legislation. absolutely laudatory in my comments. ual offense statutes of the State of There are steps yet to be made. I am This bill reauthorizes a number of Maryland. Those statutes were pre- hoping that all of those that support important programs that will improve mised on the perception of women as this measure will join with us to work the quality of life for millions of chattel, as somehow less than subject in the next Congress on the next steps women and children. It reauthorizes to full protection of the law, particu- that we need to take to support the programs that make a real difference larly from their spouses and intimate measure Violence Against Women. in our communities, like the STOP partners. I thank all those who have partici- grants, the national domestic violence We amended those statutes very sub- pated. Our staffs have been remarkably outline, battered women’s shelters, and stantially. We passed violence against effective in this. The Members have rape crisis centers. women. Millions and millions of been enumerated already. Just a little while ago, I visited the women this day throughout the world Mr. Speaker, I yield back the balance Passaic County Women’s Center in my will be subjected to violent acts be- of my time. district. I saw firsthand how the origi- cause of their gender. They are per- Mr. HYDE. Mr. Speaker, I yield my- nal Violence Against Women Act has ceived by their societies to be subject self such time as I may consume. provided assistance to women in my by their male counterparts to such I just want to thank the gentle- district. Violence committed against treatment. woman from Maryland (Mrs. MORELLA) 500,000 women each year does not dis- It is critically important that we once more for her incredible leader- criminate. Women who are victims of pass overwhelmingly this statute and ship. I want to thank the gentleman violence are rich and poor, young and make a very strong statement to ev- from Michigan (Mr. CONYERS) for his old, disabled and physically healthy, erybody in America and everybody staunch support and suggest that not speak little or no English or the around the world that we respect indi- every problem requires a Federal solu- Queen’s English. viduals for their individuality. Pass tion, but violence against women and I urge the passage of this legislation. this bill. against children is so pervasive, it is so Mr. CONYERS. Mr. Speaker, I am de- Mr. CONYERS. Mr. Speaker, I yield 1 shameful and so cowardly that a Fed- lighted to yield 1 minute to the gen- minute to the gentleman from Maine eral approach to this is entirely appro- tleman ´from Puerto Rico (Mr. ROMERO- (Mr. BALDACCI). priate. This is an excellent one. It is BARCELO), the former governor of Puer- Mr. BALDACCI. Mr. Speaker, I thank only the beginning, as the gentleman to Rico. ´ the gentleman from Michigan for yield- from Michigan said. Mr. ROMERO-BARCELO. Mr. Speak- ing me this time, and I thank him for Mr. Speaker, I urge everyone to sup- er, I thank the gentleman from Michi- his leadership and the leadership of the port this excellent legislation. gan (Mr. CONYERS) for yielding me this gentlewoman from Maryland (Mrs. Mr. LARSON. Mr. Speaker, I rise today in time. MORELLA) also in advancing this along strong support of the reauthorization of the Vi- I rise in strong support for the Vio- with the gentleman from Illinois (Mr. olence Against Women Act. The act, which lence Against Women Act. Authoriza- HYDE). was passed into law by a Democratic Con- tion for this program will end October This is a serious national problem gress as part of the 1994 Crime Bill, is a pow- 1, and it is important that we reauthor- stretching coast to coast. This needs to erful testament to the commitment of the ize it so the critical programs adminis- be reauthorized. In my own State of United States and this Congress to fighting tered under the act will continue to re- Maine, we needed to undertake a rais- acts of brutality and cruelty perpetrated ceive adequate levels of funding. ing of the priority of this into a crime against women. H8102 CONGRESSIONAL RECORD — HOUSE September 26, 2000 The act includes issues that are vital to the Violence Against Women Act. I am pleased to Mr. GEPHARDT. Mr. Speaker, I rise today safety of every woman in America, including see that the Republican leadership has finally in strong support of re-authorization of the Vio- domestic violence, sexual assault, and stalk- brought this piece of bipartisan legislation to lence Against Women Act. ing. It also includes education and training for the floor. We passed this act as part of the Demo- judges and funding for programs that are so Today, the U.S. Department of Justice esti- cratic Crime bill in 1994 and that was a critical necessary to protecting the well being of mates that between 1 and 4 million women first step in recognizing and addressing the women that the true worth of the program can- are the victims of domestic and sexual vio- problems of domestic violence. not be measured in dollars. lence in this country each year. Domestic vio- When we passed that act, the statistics on Although tremendous strides have been lence is the number one health risk for women domestic violence were startling: In 1994, 40% made, domestic violence still devastates the between the ages of 15 and 44 and currently, of women admitted to the hospital for injuries lives of many women and their children. Near- women are disproportionately the victims of vi- were there because of violence from a spouse ly 900,000 women experience violence at the olence in the United States. or significant other. Battery was the single major cause of injury to womenÐmore than hands of a partner every year. Nearly one- Since the authorization of this bill in 1994, rape, muggings and auto accidents combined. third of women murdered each year are killed violence against women has declined signifi- Even more distressing is the consensus that by a partner, and violence by intimates ac- cantly. But this is not enough. The Department only a fraction of all incidents of abuse are re- counts for over 20% of all violent crimes of Justice still estimates that a woman is beat- ported to the police. Research shows that against women. en every 12 seconds in this country. As long women are being abused not only at home, Reauthorization would continue and expand as statistics such as these exist, Congress but at their place of work. This violence is also the domestic violence hotline, the battered should take all necessary measures to help perpetrated against young women at colleges women's shelter programs, and rape preven- ensure the safety and well being of women in tion programs as well as expand the investiga- and universities. this country. In late 1994, I put in place a local domestic tion and prosecution of violent crimes against I am pleased to support the reauthorization women. It would also provide assistance to a violence task force, bringing together commu- of this legislation. Over the next five years, it nity leaders, prosecutors, law enforcement offi- greater number of victims and support effec- will reauthorize the Violence Against Women tive partnerships between law enforcement, cials, as well as representatives from some of Act in order to maintain and expand the do- the leading domestic violence organizations in victims' advocates, and communities. mestic violence hotlines, battered women's I urge my colleagues to vote in favor of this my district in Missouri. So far, my home state shelter programs and rape prevention pro- has received over $15 million in federal fund- authorization that is so important to the lives grams. In addition, VAWA will expand the in- of so many women and children so that we ing as a result of this act. vestigation and prosecution of violent crimes And my constituents have consistently sent may continue to provide services and assist- against women, provide assistance to a great- a simple message about this law: it works. It ance that not only improves, but can also er number of victims and support effective works in Missouri because it is making a real sometimes save a woman's life. partnerships between law enforcement offi- difference in the day-to-day struggle to combat Mrs. MINK of Hawaii. Mr. Speaker, I rise cials, victims' advocates and communities. I domestic violence in St. Louis City, south St. today in support of passage of H.R. 1248, the am also pleased to announce that my home Louis County, Jefferson County, and Ste. Violence Against Women Act, of which I am a state of New York will receive $92,661,673 as Genevieve County. In fact, we have come up proud co-sponsor. I am glad that we will finally a result of this reauthorization to help aid the with a number of improvements on this meas- have an opportunity to vote on this vital legis- victims of domestic and sexual violence. ure, improvements that will make it even more lation. I only hope that it is not too late for this I believe that now is time for this body to effective. I look forward to working in Con- bill to be considered in the Senate and agreed move to help protect the women of this coun- gress to make these changes next year. to in conference before the adjournment of the try. We cannot continue to turn a deaf ear to I am glad that the Republican party has fi- 106th Congress. It is a pity that consideration the problem of domestic violence anymore. nally brought this measure to the floor, and of this bill, which enjoys overwhelming bipar- Mr. FARR of California. Mr. Speaker, I ex- that it has done so before the authorization tisan support, was unnecessarily delayed. expires later this week. Today's vote, which I The passage of the Violence Against press my strong support of the Violence Against Women Act. This Act reflects my be- urge everyone here to support, reaffirms Women Act (VAWA) in 1994 was one of the America's commitment to fighting domestic vi- greatest accomplishments of the 103rd Con- lief that we have not only the ability to protect members of our communities, but the respon- olence in every community. It sends a mes- gress and the Clinton-Gore Administration. sage that this society will do everything it can Since 1995, VAWA grants have provided a sibility to do so. In this case, these members are our mothers and daughters, our sisters to fight this scourgeÐto make sure commu- major source of funding for national and local nities have the resources they needÐand that programs to reduce rape, stalking, and do- and friends, and ourselves. The passage of the Violence Against women have the protections they deserve. mestic violence. The 1994 Act bolstered the Mr. UDALL of Colorado. Mr. Speaker, I rise Women Act will change individual lives. We prosecution of child abuse, sexual assault, in strong support of this bill. It is late in com- will reduce domestic violence by reauthorizing and domestic violence cases; provided serv- ing, but better a little late than too late. ices for victims by funding shelters and sexual funds for battered women's shelters and a Na- We all know Congress is falling behind in its assault crisis centers; increased resources for tional Domestic Violence Hotline. We will de- work. Most of the annual appropriations bills law enforcement and prosecutors; and created crease the incidence of stalking and sexual have not been finished. Campaign finance re- a National Domestic Violence Hotline. assault by funding crime databases and estab- form remains stalled. We have not provided a The bill has been credited with helping to lishing a National Resource Center on Sexual prescription drug benefit under Medicare. We produce a 21 percent decline in domestic vio- Assault. We will help heal the emotional scars have not done enough to help our schools or lence between 1993 and 1998. of these crimes by offering the services of vic- to help our communities cope with growth and H.R. 1248 vastly improves VAWA by tim counselors. I believe we can do all of this, sprawl. We have not resolved our differences strengthening the existing provisions and by and we must. over taxes. And until today the House has not adding new provisions to address dating vio- The passage of the Violence Against acted to reauthorize the Violence Against lence, reach underserved populations, facili- Women Act will also change communities. Women ActÐ``VAWA''Ðwhich is set to expire tate enforcement of state and tribal protective VAWA includes provisions for funding local ini- at the end of this week. orders nationwide, provide transitional hous- tiatives to address violence against women. VAWA is very important for Colorado. ing, create programs for supervised visitation This local involvement demonstrates that we Through last year, our state received almost and exchange for children, develop training can change the conditions that make women $15 million in VAWA grants. That money has programs on elder abuse for law enforcement and children feel vulnerable or threatened and helped assist victims of domestic violence, but personnel and prosecutors, provide civil legal thus foster a new sense of security for all. In it has also done much more. assistance funds, strengthen the National In- doing so, we also send a message to commu- In fact, according to a letter from our Attor- stant Criminal Background Check System, and nities worldwide that violence against women ney General, Ken Salazar, and his colleagues more. deserves attention and action. from other states, VAWA ``has enabled us to I urge all of my colleagues to vote for this I ask my colleagues to listen carefully to all maximize the effectiveness of our state pro- legislation, which saves and rebuilds women's of the women and members of their families grams that have made a critical difference in and children's lives. and communities who ask for this bill passage, the lives of women and children endangered Mr. CROWLEY. Mr. Speaker, I rise in sup- and to add your voices to theirs. I am proud by domestic violence, sexual assault, and port of the reauthorization of H.R. 1248, the to add mine. stalking,'' September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8103 VAWA is also important for our country. It partners has fallen an astounding 21 percent ting it to the floor for consideration. I also com- has made a difference in the lives of millions since enactment of this Act. mend a real champion of women's issuesÐ of women by aiding in the prosecution of The murder rate of partners also is down, Representative CONNIE MORELLA of Mary- cases of domestic violence, sexual assault, with 1,830 murders attributed to intimate part- landÐfor sponsoring this crucial legislation. I and child abuse, by increasing services for ners in 1998 compared to over 3,000 murders also thank the co-chairs of the Congressional victims and resources for law enforcement in 1976. As a result of funding allocated under Caucus for Women's IssuesÐRepresentative personnel, and by establishing a National Do- VAWA, more than 300,000 women and their SUE KELLY and CAROLYN MALONEY of New mestic Violence Hotline. dependents each year are able to escape their YorkÐfor all their hard work on promoting this Partly as a result, crimes against women batterers and find a better life by temporarily legislation. Finally, let me extend my gratitude have decreased by 27% since VAWA's enact- going to a local shelter. In my home state of to the members of my violence against women ment. Illinois, the number of reported criminal sexual advisory committee back in Illinois for their But more remains to be done. More women assaults declined 8.2 percent between 1997 input and useful advice. are injured by domestic violence each year and 1998. Mr. BENTSEN. Mr. Speaker, I rise in strong than by automobile accidents and cancer com- But falling statistics, while good news, are support of H.R. 1248 which would reauthorize bined. More than one-third of all women using not good enough. Violence continues daily to the Violence Against Womens Act (VAWA), emergency rooms are victims of domestic vio- devastate the lives of thousands of women landmark legislation that has made a dif- lence. In 1997 more than 250,000 women and and children. This clearly sends a signal that ference in the lives of children, women and children sought refuge from domestic violence Congress must keep its commitment to mak- families. As an early cosponsor of H.R. 1248, in women's shelters. More than 300,000 sex- ing our streets and homes safe for women I am relieved that this measure has been ual assaults were perpetrated against women and children. And that calls for reauthorizing brought to the floor before its authorization ex- in 1998 alone. And every year more than one and strengthening VAWA, which is exactly pires in five short days. million women are targeted by stalkers. what this body should do today. Enacted in 1994, as part of the Omnibus Because I strongly support renewing and As written, H.R. 1248 authorizes $3 billion Crime Bill, VAWA provided for new federal strengthening this vital measure, I have joined over the next years to fund various programs criminal provisions and grant programs to im- in cosponsoring H.R. 1248, the bipartisan that help state and local efforts to: prosecute prove the criminal justice system's response to VAWA reauthorization bill that is now before abusers; enforce domestic violence and stalk- domestic violence and sexual assault and the House. It is supported by the Administra- ing laws; train law enforcement and judicial stalking, and to provide critical services to vic- tion and more than 200 Members of the personnel on how to handle such cases; and tims. Since passage, the Departments of Jus- House. provide a hotline and counseling services to tice and Health and Human Services have The judiciary Committee approved the bill battered women. In addition to continuing awarded over $1.6 billion in VAWA grants na- by a unanimous voice vote on June 27thÐa these important services, H.R. 1248 strength- tionwide. VAWA grants provide critical support full three months agoÐand the bill is only now ens the existing Act by authorizing funding for for the work of prosecutors, law enforcement reaching the floor, even though many less im- a new transitional housing assistance program officials, the courts, victims' advocates, health portant measures have been considered. But, to help persons fleeing a domestic abuse situ- care and social service professionals, and at last, it is here and I urge all Members to ation and adding clarifying language that al- intervention and prevention programs. The do- join me in approving it. lows money under the Act to be used for date mestic violence hotline established under If it is approved, it then will be up to the violence prevention. It authorizes $10 million VAWA has logged over half a million calls. members of the Senate to take the next vital in new funding to help prevent violence Despite the advances we have made under step. They should promptly send this bill to the against women with disabilities and an addi- VAWA, domestic violence still devastates the President for signing into lawÐbecause tional $200,000 for training medical personnel lives of many women and children with nearly VAWA is too important to be allowed to die in sexual assault identification techniques as 900,000 women experiencing violence at the from neglect. well. hands of their partners every year. Even Mrs. BIGGERT. Mr. Speaker, I rise today in Mr. Speaker, scratch the surface of any of today, with the heightened attention domestic strong support of H.R. 1248, legislation to re- our nation's most challenging social prob- violence receives, nearly one-third of women authorize the historic Violence Against Women lemsÐfrom crime in schools to gang violence murdered each year die at the hands of their Act (VAWA) of 1994. and homelessnessÐand you're likely to find partners. A husband in the presence of his children the root cause is domestic violence. Our coun- In addition to reauthorizing VAWA for five strikes his wife, sending her to the floor and try's judges are beginning to find that children years, H.R. 1248, as approved, expands nu- blackening her eye. A woman changes her first seen in their courts as victims of domestic merous programs, such as a domestic vio- job, phone number, apartment building and violence return later as adult criminal defend- lence hotline, law enforcement grants for vic- with them, her life, in order to hide from a ants. stalker. A young woman out jogging on a Local law enforcement officials are reporting tims' services, prosecution of perpetrators of beautiful late-summer evening is pulled into that domestic violence situations are among violence, battered women's shelters and serv- the woods and sexually assaulted by a strang- their most frequent calls. Businesses from ices, counselors, rape prevention education, er. California to Maine are starting to recognize programs against stalkers, and other related All of these frightening things will happen in that domestic violence, in the form of absen- services. America today. It's hard to understand why teeism and reduced employee productivity, Mr. Speaker, I urge my colleagues to join someone would choose to purposely hurt a has tremendous economic costs. Schools are me in supporting H.R. 1248, legislation to re- womanÐor a child, for that matter. But it hap- noticing that children with emotional problems authorize VAWA, a vital part of the campaign pensÐmore than we care to think. often come from environments where violence against violence and crime. Moreover, Mr. Violence against women is a large, often is the norm. Speaker, I would also urge the Republican unrecognized, and too frequently ignored What does this tell us? It tells us that vio- leadership to build on H.R. 1248 and make problem in all of our communities. According lence begets violence, and it is incumbent on the Violence Against Women Office at the to the U.S. Department of Justice, nearly one all of us to try to break the cycle. By strength- U.S. Department of Justice permanent, by in three women experiences at least one ening families, promoting strong values, and statute, as provided for under H.R. 4848. physical assault at the hands of a partner. In encouraging community involvement, that's Mr. DAVIS of Illinois. Mr. Speaker, since en- 1998, nearly 3 out of 4 victims of intimate part- exactly what the Violence Against Women Act actment of the Violence Against Women Act in ner homicide were women. Approximately 1 helps us to do. 1994, the number of forcible rapes of women million are stalked annually. In 1998 alone, an Reauthorizing VAWA is a vital investment in have declined, and the number of sexual as- estimated 307,000 women were raped or sex- this nation's future and it should be one of our saults nationwide have gone down as well. ually assaulted. highest priorities. Reauthorizing this Act is also The Justice Department's states nearly 25 Six years ago, Congress passed milestone the right thing to do, and I urge my colleagues percent of surveyed women and about 7 per- legislation to combat domestic violence, stalk- to move this effort forward by voting for H.R. cent of surveyed men say they have been ing and sexual assaults. This legislation, which 1248. raped and or physically assaulted by a current we are discussing today, is the Violence Let me conclude by commending the Chair- or former spouse or partner at some time in Against Women Act. VAWA has been suc- man of the House Judiciary Committee, my their lives. This figure, however, is a conserv- cessful in achieving its mission. Statistics colleague from Illinois, Mr. HYDE, for his strong ative one that substantially understates the ac- show that violence against women by intimate support of H.R. 1248 and for his work in get- tual number of families affected by domestic H8104 CONGRESSIONAL RECORD — HOUSE September 26, 2000 violence because battering is usually not re- Mr. LANTOS. Mr. Speaker, I rise in strong homes learn that anger equals violence and ported until it reaches life-threatening propor- support of H.R. 1248, the Violence Against that too often adults use violence to solve tions. In fact, some researches estimate that Women Act of 2000 which would re-authorize problems. These children often experience se- one of every two women will be battered at the 1994 Violence Against Women Act. Part of vere anxiety and helplessness and they often some time in their life. President Clinton's 1994 Crime Act, this legis- have problems with anger management and In Illinois, the Chicago Police Department, lation has been a turning point in our national almost always have a marked decrease in the Cook County States Attorney's Office and response to the problems of domestic violence school performance. various other community and government and sexual assault. I urge passage of H.R. By educating and empowering our children agencies have developed the necessary infra- 1248 so that our nation can continue to ad- and giving them the tools and resources they structure, as a result of the passage of the Vi- dress these problems. need to combat the damaging physical and olence Against Women Act in 1994. Mr. Speaker, if we have learned anything in psychological effects of violence, we can in- Mr. Speaker the Violence Against Women the last several years about violence against crease the likelihood that the cycle of violence Act works. In fact, a recent Justice report women, we have learned that no one is im- will end with them. Without this funding, many found that intimate partner violence against mune to the effects of these crimes. Domestic shelters like those in my rural district of East- women decreased by 21 percent from 1993 to and sexual violence can be stopped only ern North Carolina would be unable to provide 1998. This is strong evidence that the state when we forge a unified front to combat them. the essential crisis and preventative services and community efforts born from this act are The Violence Against Women Act has worked our communities so desperately need. Many working. Despite the success of the Violence and can continue to work as an effective cata- would be forced to shut their doors altogether. Against Women Act, domestic abuse and vio- lyst for states and communities to share re- This past year, the State of North Carolina lence against women continues to plague our sources and to collaborate in providing serv- received $3.5 million in funding under the Vio- communities. ices. Under this legislation, the Violence lence Against Women Act. This funding pro- The Violence Against Women Act must be Against Women Grants Office has allocated vided shelters like the Haven and Wesley reauthorized to allow these efforts to continue millions of dollars in Federal Funds to states Shelters in North Carolina with the necessary without having to worry that this funding will to support partnerships among law enforce- resources to cope with family violence and be lost from year to year. ment, prosecution, the courts, victims' advo- sexual assault. And it allowed shelters like My Mr. Speaker I urge every member of this cates, and providers of health care and other Sister's House in Rocky Mount, North Carolina body to vote for this bill. services across the country. and the SAFE shelter in Lillington, North Caro- Mr. CASTLE. Mr. Speaker, I am pleased to We must continue and expand these vital lina to serve thousands of North Carolina resi- rise in strong support of H.R. 1248, legislation programs. H.R. 1248 provides $3.7 billion to dents. to reauthorize the Violence Against Women fund over 40 provisions for five years. Of this Reauthorization of this Act is an essential Act. amount, $1.1 billion will be allocated to fund step in our battle against violence. Through No woman should have to worry that she and improve existing shelter services and pro- the community-based services they provide, will be abused, but studies show that almost vide increased financial support for rape crisis domestic violence and sexual assault shelters 1.9 million women are physically assaulted centers and over $1 billion dollars will be used across the nation strengthen the social fabric each yearÐmany times at the hands of a hus- for constructing new shelters for battered that binds all of us together. band or boyfriend. Tragically, the correlation women. Other major elements of the bill ad- Gone forever should be the days when do- between domestic violence and child abuse is dress the needs of battered women in the mestic violence was swept under the rug as a very high. Even if a child is not physically bat- workplace, focus on sexual assault on college family matter. Domestic violence is not just a tered, he or she often does poorly in school, campuses and in the military, establish new family matter. Domestic violence is a crime. It repeats the pattern of either victim or abuser programs for victims services and fund training is a crisis, and there is no excuse for failure as an adult and is more prone to a variety of for judges. to act. I call on my colleagues to vote to pass emotional problems. Mr. Speaker, the 1994 Violence Against this important bill without a delay. America's Although the overall violent crime rate has Women Act has been a proven success in families are depending on it. dropped 27 percent from 52 to 38 incidents helping women across the country to deal with Mr. KIND. Mr. Speaker, nearly 1.5 million per 1,000 persons, there were more than 30 this terrible tragedy of domestic violence. To women are the victims of domestic violence women and children that were killed in domes- continue the success, I strongly urge my col- and nearly one in every three adult women ex- tic violence related homicides over the last leagues to support H.R. 1248. perience at least one physical assault by a three years in my state of Delaware alone. For Mr. ETHERIDGE. Mr. Speaker, I rise today partner during adulthood. We must not only these women and children, it is clear that to voice my strong support for the reauthoriza- remain committed to fighting sexual abuse, more needs to be done to ensure that our tion of the 1994 Violence Against Women Act. domestic violence and rape, but also improve mothers, sisters, and daughters are safe in I urge the House to pass this vital legislation our efforts on behalf of these victims. I am their homes and in their communities. as soon as possible. Although the House Re- proud to be a cosponsor of this legislation I was proud to play a role in the passage of publican Leadership has inexcusably delayed H.R. 1248, which would reauthorize the Vio- the original Violence Against Women Act, as bringing up this bill until four days before the lence Against Women Act. This bill would au- part of the Violent Crime Control Act of 1994. law was due to expire, I am very pleased that thorize more than $3 billion in funding and add A bipartisan coalition of members worked to we finally have the opportunity to act on this new programs, including a new temporary break the stalemate on the Crime Bill and get important measure. housing grant that would provide funding to it signed into law. A key part of that legislation Last month, I had the opportunity to visit do- help women move out of shelters, a new grant was the Violence Against Women Act. It was mestic violence and sexual assault shelters in for legal assistance to women who have been enacted to authorize programs to support the my district to see firsthand how the federal victims of violence, and grants authorizing prosecution of violent crimes against women, government plays a key role in the fight help for disabled women victims. encourage arrests in domestic violence inci- against domestic violence. I personally met VAWA has significantly strengthened do- dents, support rural domestic violence and with victims, and I spoke directly with the Di- mestic violence shelters and services to bat- child abuse enforcement, support rape preven- rectors of these shelters that provide refuge tered women and children throughout my state tion and education and provide funding for and crisis-management services to thousands of Wisconsin and across the United States. battered women's shelters. The legislation be- of women, children and families in my district The Wisconsin Coalition Against Domestic Vi- fore us today renews and expands the original who have suffered from domestic violence and olence and the Wisconsin Coalition Against Act to include some new programs, which in- sexual assault. Sexual Assault, through the programs in cludes funds to help victims and their children Kim Gauss, the director of the Wesley Shel- VAWA, have aided thousands of women in my flee domestic abuse and then move them from ter in Wilson County, North Carolina, spoke to state and help them cope and survive the shelters to self-sufficiency. me of the importance of taking programs into tragedies of violence against women. As a I believe that this legislationÐand the origi- our nation's schools. Both Ms. Gauss and Ms. former prosecutor in my home state of Wis- nal Violence Against Women ActÐwill con- Susan King, the Executive Director of Haven consin, responsible for prosecuting domestic tinue to reduce the levels of violence com- Shelter in Lee County, North Carolina empha- violence, child abuse, adult and child sexual mitted by boyfriends and spouses and free sized the importance of educating our youth assault cases, I've seen first hand the scourge women and their children from a life of abuse, about the cyclical effects of violence. Although and scars domestic violence creates. and I am pleased to support its passage by children may not bear obvious bruises and We are at an important point in our history, the House today. scars, those who witness violence inside their a time when the leaders of our nation have September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8105 made a commitment to stop violence against ther proceedings were postponed ear- Hayes McIntyre Saxton women and children. Through the many lier today and on the motion to sus- Hayworth McKeon Scarborough Hefley McKinney Schaffer projects and programs developed through pend the rules on which further pro- Herger McNulty Schakowsky VAWA funding, we have just begun to clearly ceedings were postponed yesterday. Hill (IN) Meehan Scott articulate the impact of sexual assault and do- Votes will be taken in the following Hill (MT) Meek (FL) Sensenbrenner Serrano mestic violence on our country. This legislation order: Hilleary Meeks (NY) Hilliard Menendez Sessions Shadegg is critical in maintaining the federal commit- H.R. 5117, by the yeas and nays; Hinchey Metcalf Shaw ment to ending this problem in our society. H.R. 2572, by the yeas and nays; Hinojosa Mica Shays Hobson Millender- I want to thank Chairman HYDE and Mr. H.R. 1248, by the yeas and nays; Sherman McDonald CONYERS and a number of other members for House Joint Resolution 100, by the Hoeffel Sherwood their support in bringing this important legisla- yeas and nays. Hoekstra Miller (FL) Shimkus Holden Miller, George tion to the floor. The Chair will reduce to 5 minutes Shows Holt Minge Shuster Mr. GILMAN. Mr. Speaker, I rise today in the time for any electronic vote after Hooley Mink Simpson support of H.R. 1248, the Violence Against the first such vote in this series. Horn Moakley Sisisky Women Act (VAWA) and I commend the Hostettler Mollohan Skeen f Houghton Moore Skelton gentle lady from Maryland, Mrs. MORELLA and Hoyer Moran (KS) Slaughter my colleague the gentleman from Michigan, MISSING CHILDREN TAX FAIRNESS Hulshof Moran (VA) Smith (NJ) Smith (TX) Mr. CONYERS, for their leadership on this ACT OF 2000 Hunter Morella issue. Hutchinson Murtha Snyder The SPEAKER pro tempore. The Hyde Myrick Souder H.R. 1248 continues the commitment that Spence pending business is the question of sus- Inslee Nadler Congress made in 1990 by reauthorizing Isakson Napolitano Spratt pending the rules and passing the bill, Stabenow many critical programs that are used daily by Istook Neal Stark H.R. 5117, as amended. Jackson (IL) Nethercutt women across this country. This bill reauthor- Stearns Jackson-Lee Ney izes grants that will be used to improve law The Clerk read the title of the bill. Stenholm (TX) Northup enforcement and prosecution of violent crimes The SPEAKER pro tempore. The Strickland question is on the motion offered by Jefferson Norwood Stump against women, grants to encourage arrests in Jenkins Nussle the gentleman from Minnesota (Mr. Stupak domestic violence incidents, moneys for rural John Oberstar Sununu domestic violence and child abuse enforce- RAMSTAD) that the House suspend the Johnson (CT) Obey Sweeney ment, rape prevention and education pro- rules and pass the bill, H.R. 5117, as Johnson, E. B. Olver Talent amended, on which the yeas and nays Johnson, Sam Ortiz Tancredo grams, grants for battered women's shelters, Jones (NC) Ose Tanner funding for the national domestic violence hot- are ordered. Kanjorski Owens Tauscher line and stalker reduction programs. The vote was taken by electronic de- Kaptur Oxley Tauzin Moreover, this bill creates new initiatives in- vice, and there were—yeas 419, nays 0, Kasich Packard Taylor (MS) not voting 14, as follows: Kelly Pallone Taylor (NC) cluding transitional housing for victims of vio- Kennedy Pascrell Terry lence, a pilot program aimed at protecting chil- [Roll No. 489] Kildee Pastor Thomas dren during visits with a parent who has been YEAS—419 Kilpatrick Payne Thompson (CA) Kind (WI) Pease Thompson (MS) accused of domestic violence, and protections Abercrombie Camp Dreier King (NY) Pelosi Thornberry for the elderly, disabled and immigrant Ackerman Canady Duncan Thune Aderholt Cannon Dunn Kingston Peterson (MN) women. Kleczka Peterson (PA) Thurman Allen Capps Edwards Tiahrt This legislation also includes grant money Andrews Capuano Ehlers Knollenberg Petri Kolbe Phelps Tierney for a new program that will benefit victims of Archer Cardin Ehrlich Toomey Kucinich Pickering dating violence, which until now has been a Armey Carson Emerson Towns Kuykendall Pickett neglected and underserved population. Baca Castle Engel Traficant Bachus Chabot English LaFalce Pitts Domestic violence is something which is Turner Baird Chambliss Eshoo LaHood Pombo Udall (CO) learned at home and the longer that children Baker Chenoweth-Hage Etheridge Lampson Pomeroy Udall (NM) remain in settings where they witness and ex- Baldacci Clay Evans Lantos Porter Upton perience this type of abuse, the more likely Baldwin Clayton Everett Largent Portman Velazquez Ballenger Clement Ewing Larson Price (NC) Visclosky they are to become abusers or victims or Barcia Clyburn Farr Latham Pryce (OH) Vitter abuse as adults. Barr Coble Fattah LaTourette Quinn Walden The Violence Against Women Act will help Barrett (NE) Coburn Filner Leach Radanovich Walsh Barrett (WI) Collins Fletcher families throughout our nation. As a cosponsor Lee Rahall Wamp Bartlett Combest Foley Levin Ramstad Waters of this legislation, I urge my colleagues to vote Barton Condit Forbes Lewis (CA) Rangel Watkins for H.R. 1248. Bass Conyers Ford Lewis (GA) Regula Watt (NC) Mr. HYDE. Mr. Speaker, I yield back Becerra Cook Fossella Lewis (KY) Reyes Watts (OK) Bentsen Cooksey Fowler Linder Reynolds Waxman the balance of my time. Bereuter Costello Frank (MA) Lipinski Riley Weiner The SPEAKER pro tempore (Mr. Berkley Cox Franks (NJ) LoBiondo Rivers Weldon (FL) SIMPSON). The question is on the mo- Berman Coyne Frelinghuysen Weldon (PA) Berry Cramer Frost Lofgren Rodriguez tion offered by the gentleman from Illi- Lowey Roemer Weller Biggert Crane Gallegly Wexler nois (Mr. HYDE) that the House suspend Bilbray Crowley Ganske Lucas (KY) Rogers Lucas (OK) Rohrabacher Weygand the rules and pass the bill, H.R. 1248, as Bilirakis Cubin Gejdenson Whitfield Luther Ros-Lehtinen Bishop Cummings Gekas Wicker amended. Maloney (CT) Rothman Blagojevich Cunningham Gephardt Wilson The question was taken. Maloney (NY) Roukema Bliley Danner Gibbons Wise Mrs. MORELLA. Mr. Speaker, on Blumenauer Davis (FL) Gilchrest Manzullo Roybal-Allard Wolf that I demand the yeas and nays. Blunt Davis (IL) Gilman Markey Royce Woolsey The yeas and nays were ordered. Boehlert Davis (VA) Gonzalez Martinez Rush Wu Boehner Deal Goode Mascara Ryan (WI) The SPEAKER pro tempore. Pursu- Wynn Bonilla DeFazio Goodlatte Matsui Ryun (KS) Young (AK) ant to clause 8 of rule XX and the Bonior DeGette Goodling McCarthy (MO) Sabo Young (FL) Chair’s prior announcement, further Bono Delahunt Gordon McCarthy (NY) Salmon proceedings on this motion will be Borski DeLauro Goss McCrery Sanchez Boswell DeLay Graham McDermott Sanders postponed. Boucher DeMint Granger McGovern Sandlin f Boyd Deutsch Green (TX) McHugh Sanford Brady (PA) Diaz-Balart Green (WI) McInnis Sawyer ANNOUNCEMENT BY THE SPEAKER Brady (TX) Dickey Greenwood PRO TEMPORE Brown (FL) Dicks Gutierrez NOT VOTING—14 Brown (OH) Dingell Gutknecht The SPEAKER pro tempore. Pursu- Bryant Dixon Hall (OH) Burton Lazio Rogan ant to clause 8 of rule XX, the Chair Burr Doggett Hall (TX) Campbell McCollum Smith (MI) Buyer Dooley Hansen Gillmor McIntosh Smith (WA) will now put the question on each mo- Callahan Doolittle Hastings (FL) Jones (OH) Miller, Gary Vento tion to suspend the rules on which fur- Calvert Doyle Hastings (WA) Klink Paul H8106 CONGRESSIONAL RECORD — HOUSE September 26, 2000 b 1351 Ehrlich Kucinich Ramstad Weller Wilson Wynn Emerson Kuykendall Rangel Wexler Wise Young (AK) Mrs. CHENOWETH-HAGE and Mr. Engel LaFalce Regula Weygand Wolf Young (FL) SERRANO changed their vote from English LaHood Reyes Whitfield Woolsey ‘‘nay’’ to ‘‘yea.’’ Eshoo Lampson Reynolds Wicker Wu Etheridge Lantos Riley So (two-thirds having voted in favor Evans Largent Rivers NOT VOTING—15 thereof) the rules were suspended and Everett Larson Rodriguez Burton Lazio Paul the bill, as amended, was passed. Ewing Latham Roemer Campbell McCollum Rogan Farr LaTourette Rogers Gillmor McIntosh Smith (MI) The result of the vote was announced Fattah Leach Rohrabacher Jones (OH) McKinney Smith (WA) as above recorded. Filner Lee Ros-Lehtinen Klink Miller, Gary Vento A motion to reconsider was laid on Fletcher Levin Rothman b the table. Foley Lewis (CA) Roukema 1400 Forbes Lewis (GA) Roybal-Allard f Ford Lewis (KY) Royce So (two-thirds having voted in favor Fossella Linder Rush thereof) the rules were suspended and ANNOUNCEMENT BY THE SPEAKER Fowler Lipinski Ryan (WI) the bill was passed. Frank (MA) LoBiondo Ryun (KS) The result of the vote was announced PRO TEMPORE Franks (NJ) Lofgren Sabo The SPEAKER pro tempore (Mr. Frelinghuysen Lowey Salmon as above recorded. Frost Lucas (KY) Sanchez A motion to reconsider was laid on SIMPSON). Pursuant to the provisions of Gallegly Lucas (OK) Sanders the table. clause 8 of rule XX, the Chair an- Ganske Luther Sandlin nounces that he will reduce to a min- Gejdenson Maloney (CT) Sanford f Gekas Maloney (NY) Sawyer imum of 5 minutes the period of time VIOLENCE AGAINST WOMEN ACT within which a vote by electronic de- Gephardt Manzullo Saxton Gibbons Markey Scarborough OF 2000 vice may be taken on each additional Gilchrest Martinez Schaffer motion to suspend the rules on which Gilman Mascara Schakowsky The SPEAKER pro tempore (Mr. the Chair has postponed further pro- Gonzalez Matsui Scott SIMPSON). The pending business is the Goode McCarthy (MO) Sensenbrenner question of suspending the rules and ceedings. Goodlatte McCarthy (NY) Serrano passing the bill, H.R. 1248, as amended. f Goodling McCrery Sessions Gordon McDermott Shadegg The Clerk read the title of the bill. APOLLO EXPLORATION AWARD Goss McGovern Shaw The SPEAKER pro tempore. The Graham McHugh Shays question is on the motion offered by ACT OF 1999 Granger McInnis Sherman Green (TX) McIntyre Sherwood the gentleman from Illinois (Mr. HYDE) The SPEAKER pro tempore. The Green (WI) McKeon Shimkus that the House suspend the rules and pending business is the question of sus- Greenwood McNulty Shows pass the bill, H.R. 1248, as amended, on pending the rules and passing the bill, Gutierrez Meehan Shuster which the yeas and nays are ordered. H.R. 2572. Gutknecht Meek (FL) Simpson Hall (OH) Meeks (NY) Sisisky This will be a 5-minute vote. The Clerk read the title of the bill. Hall (TX) Menendez Skeen The vote was taken by electronic de- The SPEAKER pro tempore. The Hansen Metcalf Skelton vice, and there were—yeas 415, nays 3, question is on the motion offered by Hastert Mica Slaughter not voting 16, as follows: the gentleman from Wisconsin (Mr. Hastings (FL) Millender- Smith (NJ) Hastings (WA) McDonald Smith (TX) [Roll No. 491] SENSENBRENNER) that the House sus- Hayes Miller (FL) Snyder YEAS—415 pend the rules and pass the bill, H.R. Hayworth Miller, George Souder 2572, on which the yeas and nays are or- Hefley Minge Spence Abercrombie Bryant Diaz-Balart Herger Mink Spratt Ackerman Burr Dickey dered. Hill (IN) Moakley Stabenow Aderholt Buyer Dicks This will be a 5-minute vote. Hill (MT) Mollohan Stark Allen Callahan Dingell The vote was taken by electronic de- Hilleary Moore Stearns Andrews Calvert Dixon vice, and there were—yeas 419, nays 0, Hilliard Moran (KS) Stenholm Archer Camp Doggett Hinchey Moran (VA) Strickland Armey Canady Dooley not voting 15, as follows: Hinojosa Morella Stump Baca Cannon Doolittle [Roll No. 490] Hobson Murtha Stupak Bachus Capps Doyle Hoeffel Myrick Sununu Baird Capuano Dreier YEAS—419 Hoekstra Nadler Sweeney Baker Cardin Duncan Abercrombie Bonilla Cook Holden Napolitano Talent Baldacci Carson Dunn Ackerman Bonior Cooksey Holt Neal Tancredo Baldwin Castle Edwards Aderholt Bono Costello Hooley Nethercutt Tanner Ballenger Chabot Ehlers Allen Borski Cox Horn Ney Tauscher Barcia Chambliss Ehrlich Andrews Boswell Coyne Hostettler Northup Tauzin Barr Clay Engel Archer Boucher Cramer Houghton Norwood Taylor (MS) Barrett (NE) Clayton English Armey Boyd Crane Hoyer Nussle Taylor (NC) Barrett (WI) Clement Eshoo Baca Brady (PA) Crowley Hulshof Oberstar Terry Bartlett Clyburn Etheridge Bachus Brady (TX) Cubin Hunter Obey Thomas Barton Coble Evans Baird Brown (FL) Cummings Hutchinson Olver Thompson (CA) Bass Coburn Everett Baker Brown (OH) Cunningham Hyde Ortiz Thompson (MS) Becerra Collins Ewing Baldacci Bryant Danner Inslee Ose Thornberry Bentsen Combest Farr Baldwin Burr Davis (FL) Isakson Owens Thune Bereuter Condit Fattah Ballenger Buyer Davis (IL) Istook Oxley Thurman Berkley Conyers Filner Barcia Callahan Davis (VA) Jackson (IL) Packard Tiahrt Berman Cook Fletcher Barr Calvert Deal Jackson-Lee Pallone Tierney Berry Cooksey Foley Barrett (NE) Camp DeFazio (TX) Pascrell Toomey Biggert Costello Forbes Barrett (WI) Canady DeGette Jefferson Pastor Towns Bilbray Cox Ford Bartlett Cannon Delahunt Jenkins Payne Traficant Bilirakis Coyne Fossella Barton Capps DeLauro John Pease Turner Bishop Cramer Fowler Bass Capuano DeLay Johnson (CT) Pelosi Udall (CO) Blagojevich Crane Frank (MA) Becerra Cardin DeMint Johnson, E.B. Peterson (MN) Udall (NM) Bliley Crowley Franks (NJ) Bentsen Carson Deutsch Johnson, Sam Peterson (PA) Upton Blumenauer Cubin Frelinghuysen Bereuter Castle Diaz-Balart Jones (NC) Petri Velazquez Blunt Cummings Frost Berkley Chabot Dickey Kanjorski Phelps Visclosky Boehlert Cunningham Gallegly Berman Chambliss Dicks Kaptur Pickering Vitter Boehner Danner Ganske Berry Chenoweth-Hage Dingell Kasich Pickett Walden Bonilla Davis (FL) Gejdenson Biggert Clay Dixon Kelly Pitts Walsh Bonior Davis (IL) Gekas Bilbray Clayton Doggett Kennedy Pombo Wamp Bono Davis (VA) Gephardt Bilirakis Clement Dooley Kildee Pomeroy Waters Borski Deal Gibbons Bishop Clyburn Doolittle Kilpatrick Porter Watkins Boswell DeFazio Gilchrest Blagojevich Coble Doyle Kind (WI) Portman Watt (NC) Boucher DeGette Gonzalez Bliley Coburn Dreier King (NY) Price (NC) Watts (OK) Boyd Delahunt Goode Blumenauer Collins Duncan Kingston Pryce (OH) Waxman Brady (PA) DeLauro Goodlatte Blunt Combest Dunn Kleczka Quinn Weiner Brady (TX) DeLay Goodling Boehlert Condit Edwards Knollenberg Radanovich Weldon (FL) Brown (FL) DeMint Gordon Boehner Conyers Ehlers Kolbe Rahall Weldon (PA) Brown (OH) Deutsch Goss September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8107 Graham Mascara Sanchez McIntosh Radanovich Vento Goodlatte Manzullo Salmon Granger Matsui Sanders Miller, Gary Rogan Goodling Markey Sanchez Green (TX) McCarthy (MO) Sandlin Paul Smith (MI) Gordon Martinez Sanders Green (WI) McCarthy (NY) Sawyer Goss Mascara Sandlin Greenwood McCrery Saxton b 1408 Graham McCarthy (MO) Sanford Gutierrez McDermott Scarborough Granger McCarthy (NY) Sawyer Gutknecht McGovern Schaffer So (two-thirds having voted in favor Green (TX) McCrery Saxton Hall (OH) McHugh Schakowsky thereof) the rules were suspended and Green (WI) McDermott Scarborough Hall (TX) McInnis Scott the bill, as amended, was passed. Greenwood McGovern Schaffer Hansen McIntyre Sensenbrenner Gutierrez McHugh Schakowsky Hastert McKeon Serrano The result of the vote was announced Gutknecht McInnis Scott Hastings (FL) McKinney Sessions as above recorded. Hall (OH) McIntyre Sensenbrenner Hastings (WA) McNulty Shadegg A motion to reconsider was laid on Hall (TX) McKeon Serrano Hayes Meehan Shaw the table. Hansen McKinney Sessions Hayworth Meek (FL) Shays Hastings (FL) McNulty Shadegg Hefley Meeks (NY) Sherman Stated for: Hastings (WA) Meehan Shaw Herger Menendez Sherwood Mrs. EMERSON. Mr. Speaker, on rollcall Hayes Meek (FL) Shays Hill (IN) Metcalf Shimkus No. 491, I was inadvertently detained. Had I Hayworth Meeks (NY) Sherman Hill (MT) Mica Shows Hefley Menendez Sherwood Hilleary Millender- Shuster been present, I would have voted ``yes.'' Herger Metcalf Shimkus Hilliard McDonald Simpson f Hill (IN) Mica Shows Hinchey Miller (FL) Sisisky Hill (MT) Millender- Shuster Hinojosa Miller, George Skeen CALLING UPON THE PRESIDENT Hilleary McDonald Simpson Hobson Minge Skelton Hilliard Miller (FL) Sisisky Hoeffel Mink Slaughter TO ISSUE A PROCLAMATION Hinchey Miller, George Skeen Hoekstra Moakley Smith (NJ) RECOGNIZING 25TH ANNIVER- Hinojosa Minge Skelton Holden Mollohan Smith (TX) SARY OF HELSINKI FINAL ACT Hobson Mink Slaughter Holt Moore Smith (WA) Hoeffel Moakley Smith (NJ) Hooley Moran (KS) Snyder The SPEAKER pro tempore. The un- Hoekstra Mollohan Smith (TX) Horn Moran (VA) Souder finished business is the question of sus- Holden Moore Smith (WA) Houghton Morella Spence pending the rules and passing the joint Holt Moran (KS) Snyder Hoyer Murtha Spratt Hooley Moran (VA) Souder Hulshof Myrick Stabenow resolution, H.J. Res. 100. Horn Morella Spence Hunter Nadler Stark The Clerk read the title of the joint Hostettler Murtha Spratt Hutchinson Napolitano Stearns resolution. Houghton Myrick Stabenow Hyde Neal Stenholm Hoyer Nadler Stark Inslee Nethercutt Strickland The SPEAKER pro tempore. The Hulshof Napolitano Stearns Isakson Ney Stump question is on the motion offered by Hunter Neal Stenholm Istook Northup Stupak the gentleman from New York (Mr. Hutchinson Nethercutt Strickland Jackson (IL) Norwood Sununu GILMAN) that the House suspend the Hyde Ney Stump Jackson-Lee Nussle Sweeney Inslee Northup Sununu (TX) Oberstar Talent rules and pass the joint resolution, H.J. Isakson Norwood Sweeney Jefferson Obey Tancredo Res. 100, on which the yeas and nays Istook Nussle Talent Jenkins Olver Tanner were ordered. Jackson (IL) Oberstar Tancredo John Ortiz Tauscher Jackson-Lee Obey Tanner Johnson (CT) Ose Tauzin This will be a 5-minute vote. (TX) Olver Tauscher Johnson, E. B. Owens Taylor (MS) The vote was taken by electronic de- Jefferson Ortiz Tauzin Johnson, Sam Oxley Taylor (NC) vice, and there were—yeas 413, nays 0, Jenkins Ose Taylor (NC) Jones (NC) Packard Terry not voting 20, as follows: John Owens Terry Kanjorski Pallone Thomas Johnson (CT) Oxley Thomas Kaptur Pascrell Thompson (CA) [Roll No. 492] Johnson, E. B. Packard Thompson (CA) Kasich Pastor Thompson (MS) YEAS—413 Johnson, Sam Pallone Thompson (MS) Kelly Payne Thornberry Jones (NC) Pascrell Thornberry Kennedy Pease Thune Abercrombie Brown (OH) DeLay Kanjorski Pastor Thune Kildee Pelosi Thurman Ackerman Bryant DeMint Kaptur Payne Thurman Kilpatrick Peterson (MN) Tiahrt Aderholt Burr Deutsch Kasich Pease Tiahrt Kind (WI) Peterson (PA) Tierney Allen Buyer Dickey Kelly Pelosi Tierney King (NY) Petri Toomey Andrews Callahan Dicks Kennedy Peterson (MN) Toomey Kingston Phelps Towns Archer Calvert Dingell Kildee Peterson (PA) Towns Kleczka Pickering Traficant Armey Camp Dixon Kilpatrick Petri Traficant Knollenberg Pickett Turner Baca Canady Doggett Kind (WI) Phelps Turner Kolbe Pitts Udall (CO) Bachus Cannon Dooley King (NY) Pickering Udall (CO) Kucinich Pombo Udall (NM) Baird Capps Doolittle Kingston Pickett Udall (NM) Kuykendall Pomeroy Upton Baker Capuano Doyle Kleczka Pitts Upton LaFalce Porter Velazquez Baldacci Cardin Dreier Knollenberg Pombo Velazquez LaHood Portman Visclosky Baldwin Carson Duncan Kolbe Pomeroy Visclosky Lampson Price (NC) Vitter Ballenger Castle Dunn Kucinich Porter Vitter Lantos Pryce (OH) Walden Barcia Chabot Edwards Kuykendall Portman Walden Largent Quinn Walsh Barr Chambliss Ehlers LaFalce Price (NC) Walsh Larson Rahall Wamp Barrett (NE) Chenoweth-Hage Ehrlich LaHood Pryce (OH) Wamp Latham Ramstad Waters Barrett (WI) Clay Emerson Lampson Quinn Waters LaTourette Rangel Watkins Bartlett Clayton Engel Lantos Rahall Watkins Leach Regula Watt (NC) Barton Clement English Largent Ramstad Watt (NC) Lee Reyes Watts (OK) Bass Clyburn Eshoo Larson Rangel Watts (OK) Levin Reynolds Waxman Becerra Coble Etheridge Latham Regula Waxman Lewis (CA) Riley Weiner Bentsen Coburn Evans LaTourette Reyes Weiner Lewis (GA) Rivers Weldon (FL) Bereuter Collins Everett Leach Reynolds Weldon (FL) Lewis (KY) Rodriguez Weldon (PA) Berkley Combest Ewing Lee Riley Weldon (PA) Linder Roemer Weller Berman Condit Farr Levin Rivers Wexler Lipinski Rogers Wexler Berry Conyers Fattah Lewis (CA) Rodriguez Weygand LoBiondo Rohrabacher Weygand Biggert Cook Filner Lewis (GA) Roemer Whitfield Lofgren Ros-Lehtinen Whitfield Bilbray Cooksey Fletcher Lewis (KY) Rogers Wicker Lowey Rothman Wicker Bilirakis Costello Foley Linder Rohrabacher Wilson Lucas (KY) Roukema Wilson Bishop Cox Forbes Lipinski Ros-Lehtinen Wise Lucas (OK) Roybal-Allard Wise Blagojevich Coyne Ford LoBiondo Rothman Wolf Luther Royce Wolf Bliley Cramer Fossella Lofgren Roukema Woolsey Maloney (CT) Rush Woolsey Blumenauer Crane Fowler Lowey Roybal-Allard Wu Maloney (NY) Ryan (WI) Wu Blunt Crowley Frank (MA) Lucas (KY) Royce Wynn Manzullo Ryun (KS) Wynn Boehlert Cubin Frelinghuysen Lucas (OK) Rush Young (AK) Markey Sabo Young (AK) Boehner Cummings Frost Luther Ryan (WI) Young (FL) Martinez Salmon Young (FL) Bonilla Cunningham Gallegly Maloney (CT) Ryun (KS) Bonior Danner Ganske Maloney (NY) Sabo NAYS—3 Bono Davis (FL) Gejdenson Borski Davis (IL) Gekas NOT VOTING—20 Chenoweth-Hage Hostettler Sanford Boswell Davis (VA) Gephardt Burton Jones (OH) McIntosh Boucher Deal Gibbons Campbell Klink Miller, Gary NOT VOTING—16 Boyd DeFazio Gilchrest Diaz-Balart Lazio Paul Burton Gillmor Klink Brady (PA) DeGette Gilman Franks (NJ) Matsui Campbell Gilman Lazio Radanovich Brady (TX) Delahunt Gonzalez Gillmor McCollum Emerson Jones (OH) McCollum Brown (FL) DeLauro Goode H8108 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Rogan Stupak Vento the chairman and ranking minority bills on time. They said they did not Smith (MI) Taylor (MS) Weller member of the Committee on Appro- want to shut the government down b 1418 priations. The rule waives all points of again. They said that they understood So (two-thirds having voted in favor order against consideration of the joint that October 1 was the deadline for thereof) the rules were suspended and resolution. Finally, the rule provides these appropriation bills. the joint resolution was passed. for one motion to recommit, as is the But even though it is nearly October, The result of the vote was announced right of minority. only two of the 13 appropriation bills as above recorded. Mr. Speaker, as my colleagues know, have been signed into law, and the rest A motion to reconsider was laid on the current fiscal year expires at the are in various stages of disarray. Four the table. end of the day on Saturday, and a con- conference reports have yet to pass ei- f tinuing resolution is necessary to keep ther the House or the Senate. They are: the government operating while Con- Transportation, Labor, Health and PERSONAL EXPLANATION gress completes consideration of the Human Services, Interior, and Energy Mr. BURTON of Indiana. Mr. Speak- remaining appropriations bills. This and Water. Six appropriation bills have er, this morning, I was unavoidably de- continuing resolution would fund ongo- not even gone to conference: Agri- tained in my home district, and there- ing activities until October 6 using fis- culture, VA–HUD, Commerce, Justice, fore, I was unable to be present on the cal year 2000 funding rates. In addition, State, Foreign Operations, Treasury- House floor during votes. Had I been the joint resolution includes provisions Postal, or D.C. The Legislative Branch here I would have voted ‘‘aye’’ on roll- for certain anomalies which impact a conference report failed in the Senate call votes 488, 489, 490, 491 and 492. small number of accounts. last week by a vote of 69 to 28. f Mr. Speaker, under both Democrat Mr. Speaker, despite the enormous and Republican majorities, Congress amount of unfinished appropriations REMOVAL OF NAME OF MEMBER has regularly utilized continuing reso- work, the last 3 weeks we have done AS COSPONSOR OF H.R. 5194 lutions as a method of keeping the gov- virtually nothing here on the House Mr. MOORE. Mr. Speaker, I ask ernment running while appropriations floor except rename a couple of post of- unanimous consent that the name of and negotiations continue. Only three fices. the gentlewoman from Missouri (Ms. times in the last 21 years has Congress Mr. Speaker, time is running out. So DANNER) be omitted as a cosponsor of passed all of the appropriations bills by despite the good intentions in the be- H.R. 5194, which is my bill. the fiscal deadline. Contrary to what ginning of the session, today the House The SPEAKER pro tempore (Mr. some might contend, the House has is considering the first of what prom- SIMPSON). Is there objection to the re- been diligent in doing the people’s ises to be many continuing resolutions. quest of the gentleman from Kansas? business. In fact, the House has already Today’s continuing resolution will There was no objection. passed all 13 appropriations bills. keep the Federal Government open f As we continue our bipartisan effort until October 6, despite the unfinished to complete the appropriations process work. Mr. Speaker, there is a lot of PROVIDING FOR CONSIDERATION as soon as possible, we remain focused work to be done, and I think we have OF H. RES. 591, CONTINUING AP- on the priorities most important to got to address it. PROPRIATIONS FOR FISCAL working Americans, paying off the na- I will support this continuing resolu- YEAR 2001 tional debt, providing prescription tion because we need it to get these Mr. LINDER. Mr. Speaker, by direc- drugs to seniors, and educating our bills finished, but I would remind my tion of the Committee on Rules, I call children. colleagues that we have miles and up House Resolution 591 and ask for its We have made real progress on all of miles to go before we sleep. Eleven ap- immediate consideration. these fronts, passing the Debt Relief propriation bills are just not going to The Clerk read the resolution, as fol- Lock-box Reconciliation Act that dedi- pass by themselves overnight. lows: cates 90 percent of next year’s surplus Mr. Speaker, I reserve the balance of H. RES. 591 to paying off the national debt, the my time. Resolved, That upon the adoption of this Medicare Prescription 2000 Act, the Mr. LINDER. Mr. Speaker, I am resolution it shall be in order without inter- Education Flexibility Act, and the pleased to yield 2 minutes to the gen- vention of any point of order to consider in Academic Achievement for All Act. tleman from Texas (Mr. BRADY). the House the joint resolution (H.J. Res. 109) Mr. Speaker, the fiscal discipline of Mr. BRADY of Texas. Mr. Speaker, making continuing appropriations for the the Republican Congress has resulted everyone knows that it takes two to fiscal year 2001, and for other purposes. The in the payoff of $350 billion worth of fight. Well, it takes two to govern as joint resolution shall be considered as read debt and the locking away of 100 per- well. Sadly, many of my Democratic for amendment. The previous question shall be considered as ordered on the joint resolu- cent of the Social Security and Medi- friends have decided it is not in their tion to final passage without intervening care surplus. Despite the efforts of the best interest, not in their party’s inter- motion except: (1) one hour of debate equally President and some of the Minority, we est to help us govern for America, even divided and controlled by the chairman and are committed to building on this suc- though Speaker HASTERT daily extends ranking minority member of the Committee cess by passing fair and fiscally respon- his hand, is willing to meet more than on Appropriations; and (2) one motion to re- sible appropriations bills. I am con- halfway to solve America’s problems. commit. fident that H.J. Res. 109 will give us I have a simple request to my Demo- The SPEAKER pro tempore. The gen- the time we need to get the job done. cratic colleagues: Put America ahead tleman from Georgia (Mr. LINDER) is This rule was unanimously approved of your ambitions. Set aside just for a recognized for 1 hour. by the Committee on Rules yesterday. few days your all-consuming drive to Mr. LINDER. Mr. Speaker, for the I urge my colleague to support it so we be in power. For the sake of our sen- purpose of debate only, I yield the cus- may proceed with the general debate iors, work with us to pass a prescrip- tomary 30 minutes to the gentleman and consideration of this bill. tion drug plan for the sickest and the from Massachusetts (Mr. MOAKLEY); Mr. Speaker, I reserve the balance of poorest of our elderly now, not next pending which I yield myself such time my time. year or 10 years in the future. as I may consume. During consider- Mr. MOAKLEY. Mr. Speaker, I thank For the sake of our children, work ation of this resolution, all time yield- the gentleman from Georgia (Mr. LIN- with us to have an education system ed is for the purpose of debate only. DER), my dear friend, for yielding me that is second to none, where our quick Mr. Speaker, House Resolution 591 is the customary half hour; and I yield learners are not forgotten, where our a closed rule providing for the consid- myself such time as I may consume. slow learners are not left behind. For eration of H.J. Res. 109, a resolution Mr. Speaker, the Congressional ap- the sake of our grandchildren, work making continuing appropriations for propriations process has a long, long with us to pay down the debt so they fiscal year 2001. way to go. In the beginning of this ses- do not have a crushing burden that H.Res. 591 provides for 1 hour of de- sion, my Republican colleagues prom- they do not deserve on them. I do not bate equally divided and controlled by ised to finish all of the appropriations think that is too much to ask. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8109 Our Constitution says that, when one da that finally, at long last, puts fami- Speaker, I could not agree with him has a divided government, it is our re- lies first; an agenda that I believe a more. sponsibility to work together for the majority of the American people want First, let me say that I am extremely interest of America. I am hopeful our us to pursue: proud of the bipartisanship that we Democratic friends will stop viewing Tax cuts focused on middle class and have established under Republican this as a Democratic White House and working families; a Patients’ Bill of leadership over the past 6 years. If we Republican Congress but more as a Rights to enforceably protect patients simply look at the kinds of things that U.S. President and a U.S. Congress to from the accountants and HMOs; a real we have succeeded in working on just work together. Medicare prescription benefit that in this Congress, I think it is very im- Mr. MOAKLEY. Mr. Speaker, I yield guarantees seniors access to affordable portant to underscore them. 5 minutes to the gentleman from Mis- medicines; funds dedicated to building First and foremost, we must look at souri (Mr. GEPHARDT), the Democratic new classrooms and hiring additional how we have effectively begun to retire Leader. teachers, so we can finally reduce class the national debt. We are very proud of (Mr. GEPHARDT asked and was size and give children the education the fact that we have been able to re- given permission to revise and extend they need and deserve; real debt reduc- tire $350 billion of our Nation’s debt, his remarks.) tion that pays off the debt entirely by and we are committed to retiring the Mr. GEPHARDT. Mr. Speaker, I rise 2012 and still leaves enough money for entire national debt by the year 2013. today in support of this bill to keep the tax cuts for working families. And, yes, I will say to my friend, the government running when the new fis- My constituents and Americans minority leader, we have been working cal year begins on Sunday. But I regret throughout the country want us to pur- on that, as he just requested, in a bi- that we are forced to pass such a bill. sue and realize this agenda. But this partisan way. We never should have reached this agenda has been blocked by special in- We also have done something that is point. terests. It has been blocked by Repub- virtually unprecedented. We have been Instead of doing the important work lican leaders determined to not do this able to go through 3 years of surpluses of the American people, we have spent agenda. with our budget, which is again, I the last year bringing forward a series A meaningful Patients’ Bill of Rights think, a monumental accomplishment; of massive tax cuts focused primarily has been blocked to protect HMOs and something which we Republicans have on the wealthiest Americans. This Con- insurance companies. Middle-class tax been proud that we have been able to gress has spent most of the year debat- cuts were blocked in the name of huge do in a bipartisan way. Yes, working ing tax cuts for the wealthiest that left tax cuts to the wealthiest Americans. with the White House to do that. no money for debt reduction, basic ap- Real serious long-term debt reduction I also think it is important to note propriations, or anything else. was blocked again in the name of huge that on those very important issues of tax cuts for the wealthiest Americans. Social Security and Medicare the com- b 1430 The minimum wage has been blocked pacts which we have made with the We saw this coming a long time ago. as a favor to big business. And edu- American people. We must do every- This chain of events was set in motion cation incentives to modernize our thing that we can to make sure that we by the Republican-passed tax cuts. It schools and hire new teachers has been address and maintain their solvency. was set in motion by a single-minded blocked in the name of partisan ide- And we are proud that for 2 years in a devotion, tax breaks for the wealthiest, ology which tears down schools and row we have not, as had been done for that has overwhelmed and taken the takes money from them rather than 3 decades, reached in and spent that place of the whole budget process. The lifting them up. Hate crimes legisla- surplus on a wide range of other pro- result is that we have been unable to tion is still not law, and we have not grams. accomplish the bare minimum and pass acted on Latino and immigrant fair- It is also important to note what has the annual appropriations bills re- ness issues. been one of our top priorities; and we, quired by law, and still, even at this We support strong reimportation of again in a bipartisan way, have worked late hour, 11 of the 13 bills remain to be drug legislation with standards, be- to accomplish our goal. And what has enacted. cause it will bring prescription prices that issue been? It is education. It is We have been prevented from passing down for millions of Americans. I am obviously a top priority today in the a budget that addresses the needs of glad that the leadership has said they presidential campaign. The 106th Con- working families and keeps us on the want to pass such legislation, but we gress has tremendous accomplishments path of fiscal discipline. And then, 3 should not let reimportation detract to which we can proudly point that are weeks before the end of the session, from the more important issue: a Medi- bipartisan, specifically passage of the after the Republican tax package did care prescription benefit that will be Education Flexibility Act and the not fly, Republicans abandoned their there for seniors when they need it. Teacher Empowerment Act. What are strategy and shifted to portray them- That has been blocked by the pharma- they designed to do? They are designed selves as the champions of debt reduc- ceutical industry. to do what Governor George Bush has tion. But the new so-called 90–10 budget So I call on our leaders to disasso- been saying, and now Vice President was no better than the old budget, be- ciate themselves from special interests GORE is saying he agrees with, and that cause it was only for 1 year. It did not and work with us on a bipartisan basis is trying to enhance decision-making hold the promise of true debt reduction to accomplish something meaningful at the local level. because it allowed Republicans to re- for a vast majority of Americans in the It is also important to note that this turn next year or the year after and days that are left of this session. Let us Congress has successfully passed legis- again pass huge tax cuts that would work together on the issues the Amer- lation to reduce the tax burden on blow a hole in our surpluses. ican people truly care about and working families, that horrendous in- I wrote a letter to the Speaker ask- achieve something real for them in the heritance tax, the death tax. As Speak- ing him to come up with a new budget, few days that are left. er HASTERT likes to call it, the widows a new framework, so that we could Mr. LINDER. Mr. Speaker, I yield and orphans tax. We have passed that complete our work and move on with such time as he may consume to the here. But of course on the presidential the business of the American people. I gentleman from California (Mr. veto, we narrowly failed an override. have not received a reply. DREIER), the chairman of the Com- We did it in a bipartisan way, even Today, we have before us a stopgap mittee on Rules. though we were not quite able to over- bill that, of course, everyone should Mr. DREIER. Mr. Speaker, I thank ride the President’s veto. support. Nobody wants to repeat the the gentleman for yielding me this Similarly, on the marriage tax pen- government shutdown. But the issue time, and I say to my friend from Mis- alty, we were not quite able to get the before us is not just the leadership’s in- souri that I am pleased to be here to votes we needed to override the Presi- ability to enact the critical appropria- respond to his call. His call is for us to dent’s veto. But we did pass the legisla- tions bills. The issue is the larger fail- work in a bipartisan way to deal with tion, and we attempted the override ure of this Congress to act on an agen- these very important issues; and, Mr. with strong bipartisan support. H8110 CONGRESSIONAL RECORD — HOUSE September 26, 2000 So it seems to me that if we look at So let us pass this rule, pass the con- tlement so that we can go home. I am the kinds of priorities that we have es- tinuing resolution, and keep the nego- a senior citizen and I qualify for Medi- tablished, we want to do them in a bi- tiators’ feet to the fire so that we can care. I am at the age where every night partisan way. I am pleased that the complete our work in a very timely I have to use Zocor and Cardura and White House and many Democrats have fashion. Claritin D and Timoptin, but I pay for joined us in our commitment, or we Mr. MOAKLEY. Mr. Speaker, I yield them myself. We in Congress earn over hope the White House will join us. 2 minutes to the gentleman from New $140,000 a year. And those of us in Con- They have indicated a willingness to do Jersey (Mr. MENENDEZ), the vice chair gress who are elderly should not re- that, but we want to make sure that of the Democratic Caucus. ceive government assistance in the happens, to take 90 percent of the sur- (Mr. MENENDEZ asked and was form of Medicare benefits. plus and apply that towards debt re- given permission to revise and extend b 1445 duction. Obviously, in a time of un- his remarks.) precedented surpluses, we want to re- Mr. MENENDEZ. Mr. Speaker, I We earn enough that we do not need duce the tax burdens. But at the same thank the gentleman for yielding me assistance. Congress should target time we want to make sure that we do this time. those who do. Unfortunately, the continue down that road towards retir- Mr. Speaker, when Republicans shut Democrats’ proposed universal pre- ing the national debt. down the government, that was not a scription drug plan would help those of We also are committed to working in bipartisan act. This continuing resolu- us who do not need it. The Democrats a bipartisan way for a prescription tion the Republicans are requesting is would fund the Ballengers and the drug benefit coverage package for an admission of failure, a failure of the Houghtons and the Kennedies who are America’s seniors. Our Republican ma- partisan ways Republicans run this fortunate enough that they can easily jority has again passed a plan to pro- House and their failure to do the peo- cover their own drug costs. vide prescription drug coverage that is ple’s business. There are actually 66 Members of voluntary, affordable, and available to While the Republican leadership has Congress who would benefit from the all seniors, a very high priority. Again, spent its time scheduling extremist Democrat drug program. We should not we share the bipartisan quest to ad- bills that they know have no chance of be allowed to have that benefit. That is dress this issue. We believe very sin- becoming law, there are real people why on June 28, 3 months ago, the cerely that no senior should be forced with real problems that this House House passed H.R. 4680, a Medicare pre- to choose between food on the table should be addressing. Their leadership scription drug passage which the Re- and the medicine that they need to does a good job of ensuring that the po- publican leadership championed. stay healthy. litical needs of the Republican Party The House-passed Medicare prescrip- And we are committed to doing even are being met while the needs of work- tion drug benefit would utilize a pub- more to address that very important lic-private partnership to let those sen- issue which I mentioned a moment ago, ing Americans everywhere are ignored. True to form, the Republican leader- iors choose the right coverage from improving our public education sys- ship has ignored our Democratic call several competing drug plans. It would tem. We have the best postsecondary allow them to keep their existing cov- education system on the face of the for a Patients’ Bill of Rights. They erage. This plan would protect seniors earth. We need to do everything that have ignored our call to give seniors from high, out-of-pocket drug costs we can to improve the primary and sec- universal prescription drug benefits without resorting to price fixing or ondary education systems. under Medicare. They have ignored the What we want to do is we want to ac- call to modernize our Nation’s schools. government price controls. tually create even more flexibility They have ignored our call to reduce Most importantly, the House-passed than we did with the Education Flexi- class sizes for our children. They have prescription drug benefit is affordable, bility Act by making sure that deci- ignored our call to hire 100,000 new valuable and completely voluntary and sions are made at the local level, in the highly qualified teachers. They have it should be part of the settlement. We classrooms, knowing full well that de- ignored our call to raise the minimum need to pass this rule and the bill to cision-making here and the imposition wage for hard-working pressed fami- continue negotiations. of mandates on State and local govern- lies. They have ignored our call to pass Mr. MOAKLEY. Mr. Speaker, I yield ment does little more than undermine a comprehensive campaign finance re- 2 minutes to the gentlewoman from the the ability for teachers to improve that form bill. Mr. Speaker, Republicans are District of Columbia (Ms. NORTON). quality of education that they very in the majority here. They run this (Ms. NORTON asked and was given much want to do. We know that very House, and they have failed. permission to revise and extend her re- little of the money actually comes The American people should know marks.) from Washington; but, unfortunately, where we stand. We Democrats in Con- Ms. NORTON. Mr. Speaker, by failing many mandates have been imposed gress stand ready to work together to to do our baseline work, the minimum from here. We want to try to do what pass these bills and build an even work we have to do, we are doing great we can to relieve as much of that as stronger, better Nation, and Repub- harm to our country moving forward possible. licans have blocked our efforts to bring now with the CR. We see that in the So I am here to say, in response to these issues to the floor and address content, or lack thereof, of this appro- the last speaker, that we are working these critical issues at each and every priation and certainly by the delay in for continued bipartisanship. I know it turn. If they could lead, they would getting this basic work done. does not get a lot of attention when we have accomplished these priorities. But This House deliberately underfunded have accomplished many of these they cannot lead; so, instead, they each and every appropriation in order things in a bipartisan way, but we have come here today with a continuing res- to fund a tax cut as they went to their done it so far. And all we are saying olution asking for yet more time to convention. But the quintessential ex- now, with this measure that we are finish work on a budget that in 5 days ample of the harm done by Government going to be considering, is let us go for will be past due. by CR is what they are doing to the one more week, Mr. Speaker, with a They should be ashamed of their in- capital of the United States. They re- continuing resolution so that we can action and the price America’s seniors quire the local budget of a city to come get the very important work of the 13 and children and working families pay here so that those of them who have appropriation bills completed. Why? every day for their failure to act. nothing to do with raising the funds Because the American people want us Mr. LINDER. Mr. Speaker, I yield 2 while they deny me the right to vote to do our work. And guess what? We minutes to the gentleman from North on my own budget, pick over that have succeeded in working so far. We Carolina (Mr. BALLENGER). budget’s local funds, own funds, budget do not want anyone to stand in the way Mr. BALLENGER. Mr. Speaker, I surplus, balanced budget here in this of these very important priorities thank the gentleman for yielding me House where it does not belong and which I have just outlined, and which I this time. then they say to the City, to a living, believe Democrats and Republicans I know prescription drugs are a breathing city, they cannot spend their alike share. major part of the effort to reach a set- money because they are not through September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8111 with Federal business that has nothing What did Republicans do? We put So- care, military retirement fund for mili- to do with them. They say to a living, cial Security in a lockbox so they tary retirees. breathing city, spend on a daily basis 1/ could not keep driving up the national I encourage my colleagues, as they 365 of their money. debt and we protected the Social Secu- work on this continuing resolution, let Try doing that, I say to my col- rity trust fund. We rescinded their tax us be honest with the American people leagues, in their city and their State. increase on Social Security and we put and let us get back to the priorities How does a city with dozens of vital the gas tax into a transportation fund that made this Nation great and let us finances parse out the amount they re- so they could not spend it. quit sticking our kids and our kids’ quire it to spend when we are talking No, we will not allow them to in- children with today’s bills. about dozens of vital functions, some of crease big size of government. Mr. LINDER. Mr. Speaker, I yield them life-and-death functions? How do Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume we pick up garbage that way. How do 4 minutes to the gentleman from Mis- just to point out a couple of things. Mr. Speaker, I agree with the overall we run a school system that way? sissippi (Mr. TAYLOR). They have said to the District of Co- Mr. TAYLOR of Mississippi. Mr. point of the gentleman on the debt, and lumbia, streamline your functions, get Speaker, one of the challenges of being he makes that point eloquently. I will your act together. one of 435 is that we rarely get to speak also point out that we are talking The District of Columbia has done when we feel like speaking or when we about publicly held debt, just as the that. The District says to Congress, think it is appropriate. So I find myself minority leader was speaking about publicly held debt when he talked streamline your functions, let the Dis- responding to some previous speakers trict run itself. It got its business done about retiring it by the year 2012. who talked about the big surplus, how Let me further point out that we got on time. Let the City go forward and the Republican Congress is paying do its business. Free us from your con- good lessons on stealing from trust down the debt. funds in 1967 when Lyndon Johnson de- voluted processes. Mr. Speaker, I would encourage them Mr. LINDER. Mr. Speaker, I yield 2 cided to put all the trust funds in a to read the Treasury report. Because minutes to the gentleman from Cali- unified budget so he could spend them the Treasury report that came out on fornia (Mr. CUNNINGHAM). to fight a war that he did not want to Mr. CUNNINGHAM. Mr. Speaker, we August 31 of this year shows that the tax for. We are the first Congress to fi- have heard an example of the liberal national debt has increased this fiscal nally change that and protect those left wing of the Democrats. When their year by $22.896 billion. This is public funds. leadership talks about we will not pass information. I would hope that my col- Lastly let me point out that he said their bills, no, we will not. We will not leagues would take the time to look at we are spending too much since we pass bills that make bigger govern- it. have $5.7 trillion in debt. I agree with ment, bigger government control, like Additionally, it shows that, for this that. He ought to speak to the minor- they wanted in 1993. We will not pass a fiscal year, the difference between ity leader, who wants to spend even government-controlled health care what is being collected and what is more. plan or prescription drugs. being spent is $22.896 billion. Let us live within these budget con- But we will pass government health Now, my great friend the gentleman straints we have so we can spend less care, and we will pass prescription from California (Mr. CUNNINGHAM) just and get closer to the goal that he pur- drugs that will help seniors and not talked about these trust funds, the sues. make bigger government, higher taxes, only way we can cut taxes is to steal Mr. Speaker, I yield 2 minutes to the and restrict our seniors and our chil- from the trust fund. So my question to gentleman from Arizona (Mr. dren. those of my colleagues who just last HAYWORTH). The gentleman from Missouri (Mr. week were saying they are for big tax Mr. HAYWORTH. Mr. Speaker, I thank my colleague from Georgia for GEPHARDT) said, Well, I wrote a letter breaks is, whose trust fund were they to the Speaker of the House. going to steal it from, the military re- yielding me the time. How about walking 15 steps over here tirees, Social Security, Medicare, Med- Mr. Speaker, it is indeed interesting and talking to the Speaker? What is icaid? Whose trust fund are they going to hear the tenor and tone of this de- the matter with the gentleman? When to steal it from? bate. My friend on the other side used he wants to talk about bipartisanship, Now they are talking about this the term ‘‘stealing.’’ And rather than walk down the aisle, sit down and talk week debt reduction, they are going to hurl verbal brick bats, I just think it is important to take a more complete to the Speaker. I wrote a letter. Big set aside 90 percent of a nonexistent look at the picture. deal! surplus in debt reduction. Tomorrow I appreciate the fact that we can He talks about a tax break for the we have a hearing on readiness where have different points of view. But facts middle class. First of all, there are no Republican colleague after Republican are stubborn things. The minority middle-class citizens in this country. colleague who took over a fleet in 1995 leader came to this well a short time There are middle income citizens. And of almost 400 naval ships and now after ago and said it was important to work I am sick and tired of the class war- 6 years of their stewardship is down to in a bipartisan fashion, and yet he was fare. They promised, they fought for a about 312 naval ships want to tell us quoted last year in the Washington year prior to their 1993 tax increase, that they do not have enough money Post very candidly that his goal in this they want a tax break for the middle for defense. Congress was to delay and deny and ob- class, they want a targeted tax for the Mr. Speaker, I say to my colleagues struct so that then a label of the ‘‘do middle class. They could not help that they have to get focused. They nothing Congress’’ could be used politi- themselves. They increased the tax on cannot keep spending money. cally. the middle class, and they are trying to Mr. Speaker, the reason that this Na- Mr. Speaker, and to my colleagues on do the same thing now. And that is tion is $5.7 trillion in debt, up from the left, the challenge we confront now wrong. No, we will not allow them to only $1 trillion 20 years ago, is that we is to put people before politics. Even at do it and we will fight them tooth, are spending more than we are col- this time on the political calendar hook, and nail every time. lecting in taxes, that this generation is where the temptation is great to point They increased the tax on Social Se- sticking future generations of America fingers, and given the situation in curity when they had the White House, with our bills. which we find ourselves with budgetary the House, and Senate. They took I would hope that we could start by challenges, we are coming to this floor every dime out of the Social Security being honest with the American people with a continuing resolution. Trust Fund and put it up here so they and admitting that there is no surplus It is interesting to hear the criticism could have more spending. They in- this year, that the only surpluses are from the left, especially in view of the creased taxes $260 billion so they could in the trust funds, and we have a re- number of continuing resolutions that put it up here for their spending. They sponsibility to spend those trust funds were utilized during their time in the increased the gas tax 8 cents and put it on only the things that we are sup- majority. It is also curious, Mr. Speak- into a general fund so they could put it posed to, Social Security taxes for So- er, to hear the carping and the criti- up here for spending. cial Security, Medicare taxes for Medi- cism when no less than the minority H8112 CONGRESSIONAL RECORD — HOUSE September 26, 2000 leader, the gentleman from Missouri In the Foreign Operations bill in of urgency, and sometimes we cannot (Mr. GEPHARDT), has made it quite which I am the ranking member, we get the bills done. But the process has clear from the free press that the goal cannot reach agreement because of the been working and this House, this of the other side is to delay and deny international family planning issue. Committee on Appropriations, has and obstruct. Poor women throughout the world are moved its bills in an orderly and a Mr. Speaker, we have seen notable held hostage once again to the politics timely fashion. exceptions. To those who claim this is of the Republican Caucus. The list goes Do you get everything you want? No. a do nothing Congress, I would remind on and on where members of the com- As a member of the Republican Party, them that just not an hour ago we mittees can come to agreement but the I would like to spend a heck of a lot passed legislation to help the parents caucus then weighs in. That is not in less. I would like to eliminate a lot of of missing children. the public interest. Certainly a CR has the waste and the duplications in gov- We can do more for America if we put its place when circumstances are such ernment, and I am not alone in that. people in front of politics. Vote for the that we cannot reach agreement; but Now, there are members of the Demo- rule and the continuing resolution. we are on a path that we have started crat Party who want to spend more, Mr. MOAKLEY. Mr. Speaker, I yield from beginning to middle to end, on a and I understand that, too. But you do 2 minutes to the gentlewoman from path to doing the people’s work. But not get everything you want in the ap- California (Ms. PELOSI). when we are proceeding in such a hap- propriations process. You just need to Ms. PELOSI. Mr. Speaker, I thank hazard manner that is unworthy of the get together. But I think we owe it to the distinguished ranking member for public trust and we come to the end of our constituents, all 435 of us, not to yielding me the time. I rise to com- the fiscal year with only two bills stand up here at this hour in the game ment on the CR that is before us until signed by the President, with one CR and blame all the problems on the October 6. and predictably another CR being nec- other party, because if it is that big or We have many visitors to the Cap- essary, then I think it is time for us to bad or wicked up in Washington, itol, Mr. Speaker; and many of them, say, what is going on here? Who is in maybe you ought to consider a dif- when they come to our office, they talk charge here? Why is the public’s busi- ferent line of work come November. about a book we all read in grammar ness not being done according to the Because people back home want re- and high school, How to Make a Law. regular order, a way in which the pub- sults. They do not want finger point- Well, we might as well tear those lic can participate and be proud of us ing. books up and throw them away, al- as we are a model democracy for the This step is a responsible step; it is a though I usually am averse to such a world to watch? responsible step that both parties have notion, because it simply does not Mr. LINDER. Mr. Speaker, I would used for a number of years to get the apply anymore. like to say to the gentlewoman that government to keep operating while we Any observer of the activities of this unfortunately the regular order for the iron out our differences. If it was up to Congress will know that the regular last quarter of a century has been con- me and other members of the Repub- order where the public can view the tinuing resolutions. lican Party, we could adjourn by this making of our legislation in an orderly Mr. Speaker, I yield 3 minutes to the afternoon. But it is not up to us. I way, in a way in which they can par- gentleman from Georgia (Mr. KING- would say that is true with a lot of ticipate in a predictable manner, is a STON). Democrats. They are ready to adjourn thing of the past. Mr. KINGSTON. I thank the gen- as well. But I know at the end of the Only two bills will have been signed tleman for yielding me this time. day, I am not going to get everything by the President by the time we reach Mr. Speaker, I rise as a member of I want in the budget, and I think most the end of this fiscal year and in time the Committee on Appropriations in Democrats know they are not going to for the start of the new fiscal year. favor of passing this continuation of get what they want in the entire budg- Why? Well, because of the politics of the Federal Government process. et. the Republican caucus. It is interesting as I sit here and lis- We have got to work through this As an appropriator, in fact as a rank- ten to various speakers, they must process, and hopefully we can get ev- ing member on the Committee on Ap- have remarkably different districts erything done; and we can get out of propriations, I think most of us who than the one that I represent. The one town and both sides win a little. But are in that capacity know that we can I represent has Republicans in it, the object here is not for a Republican work in a very amicable way with our Democrats in it, independents in it, victory; it is not for a Democrat vic- corresponding chairman on the Repub- swing voters in it, and a lot of folks tory. It is for the American people to lican side. But as much compromise who do not vote on either side. Yet I have a victory. That is what we are and reasonableness as we can bring to hear all these people whose constitu- working for. the process, as many cities that we can ents must think, oh, is my representa- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE reach on the basis of hearings that we tive not wonderful because clearly all The SPEAKER pro tempore (Mr. have had in the course of the year and the problems that he or she has is the LATOURETTE). The Chair would remind information that we are very familiar fault of the other party. No matter all Members that it is not in order to with, with our research and our judg- what happens, gee whiz, it is those big, characterize either the action or inac- ments that we bring to the table, all of bad Republicans. tion in the United States Senate. that is for naught, because whatever And I would say I certainly hear it Mr. MOAKLEY. Mr. Speaker, I yield our conclusion is, it is subjected again from Members of both sides, blaming 2 minutes to the gentlewoman from to this conservative scrutiny on the all their problems on the other party. Texas (Ms. JACKSON-LEE). part of our Republican colleagues. The fact is, as a member of the Com- (Ms. JACKSON-LEE of Texas asked mittee on Appropriations, we are in a and was given permission to revise and b 1500 cycle now that we go through every extend her remarks.) For example, in the Subcommittee year and each side tends to rattle its Ms. JACKSON-LEE of Texas. I thank on Labor, Health and Human Services rhetorical saber. They are blaming all the ranking member very much for and Education on which I serve, it is the problems on the other side. The re- yielding me this time. really hard to imagine why the Repub- ality is we just need a little bit more Mr. Speaker, I agree with the words licans cannot support our class size ini- time. of the gentlewoman from California tiative for smaller classes. Every per- As a member of the Committee on that a CR, a continuing resolution, son in America, certainly every parent, Appropriations, we had most of our does have its place in time of crisis and understands the need for that and bills ready by the time we got out of other needs that require that an emer- every teacher. School construction, Washington in August. They were gency effort be waged in order that the school modernization initiatives of the passed on to the Senate. Unfortunately government remain open. But I also am President are what are standing, the Senate moves in a different atmos- sympathetic to the dilemma of the among other things, between us and phere, a different calendar, a different Committee on Appropriations, and par- the agreement on that bill. sense of urgency, practically no sense ticularly under the leadership of the September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8113 gentleman from Wisconsin (Mr. OBEY), led Congress accomplished? Woefully which, if people are satisfied with what the dilemma of facing the possibility of little. The leadership claimed that edu- kind of health insurance coverage and trillion-dollar tax cuts and not dealing cation was among their priorities. Yet prescription benefit coverage that they with the real issues that the American the leadership refused to work with have, if they are happy with that, they people would like us to deal with. Democrats to modernize America’s can continue that. If you allow it to be In actuality, the reason why we only crumbling schools, reduce class size useful to all seniors, where everyone have two appropriation bills passed is and increase accountability. A failing has the opportunity for this benefit, because there is a lot of shenanigans grade on education. And these issues then by virtue of the fact that every going on with other legislative initia- are not just about numbers or bricks senior, not only those who make under tives that the American people do and mortar. This is about individual $12,600 but those who are in the middle want. The American people want and attention in the classroom, expecta- class as well will be able to enjoy the need a real prescription drug benefit, a tions and standards in our classroom, benefit of getting those prescription guaranteed prescription drug benefit. making sure that teachers and young- drugs down. Once you even it out and The American people have already spo- sters are held accountable, helping to everyone has the opportunity to have ken about a Patients’ Bill of Rights raise our national standards and to that kind of prescription drug benefit, that allows us to establish a relation- allow for there to be the ability to you drive the cost of prescription drugs ship between patient and physician. teach youngsters about what is right down. It is why the pharmaceutical And I believe the American people un- and what is wrong and reading and companies are opposed to it. It is why derstand that, yes, we do not want the writing and arithmetic and respect and the Republican House leadership is op- long hand of government in all of our hard work. posed to it, because it ties in directly educational efforts; but we want small- That is what the education piece is with where the special interests are er class sizes, and we would like to all about, while million of Americans today. have better schools, and we would like are losing control of their health care Mr. LINDER. Mr. Speaker, I yield to have a program that helps us build because of HMOs. In my State of Con- myself just another moment to say schools with local communities. necticut, 56,000 seniors had the rug that obviously the gentlewoman did But yet what we have is shenanigans. pulled out from under them and are not hear my question. My question was We have legislation, the Violence scrambling to find health insurance not to give her another opportunity to Against Women Act. Instead of letting coverage before the end of this year. expand on her demagoguery but to say it be freestanding, there are rumors But the Republican leadership refuses how can you be universal and vol- abounding that somebody is trying to to challenge the special interests by untary in the same program. throw it into the appropriations proc- helping us to pass a Patients’ Bill of Rights. There is still time, but the Pa- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ess, delaying again the opportunity to The SPEAKER pro tempore. The move an appropriations bill forward. tients’ Bill of Rights remains on life support. Seniors are seeing their retire- Chair would remind all persons in the The Violence Against Women Act is a gallery that they are here as guests of bill that has bipartisan support. Let us ment savings drained by the crushing cost of prescription drugs; and yet the the House and that any manifestation pass it. The Patients’ Bill of Rights has of approval or disapproval of the pro- bipartisan support. Let us pass it. The Republican leadership continues to op- pose adding an affordable, reliable, uni- ceedings is a violation of the House American people say, I want a guaran- rules. teed prescription drug benefit. Let us versal and a voluntary prescription b pass it. And let us deal with the appro- drug benefit to Medicare. When seniors 1515 priations bill to fund America’s busi- needed help with prescription drugs, Mr. MOAKLEY. Mr. Speaker, I yield ness. Because what we are doing now is the Republican leadership offered a the balance of my time to the gen- placebo. playing around with large tax cuts that tleman from Wisconsin (Mr. OBEY), the Let me just say about prescription we are representing we are trying to ranking member of the Committee on drugs, this is about who we are and give, trillions of dollars; and, therefore, Appropriations. what our values and what our priorities The SPEAKER pro tempore (Mr. we are not talking about reducing the are and that we have to provide people deficit, the debt, and then we are not LATOURETTE). The gentleman from some relief on prescription drugs be- Wisconsin is recognized for 8 minutes. talking about paying our bills. cause they are being crushed with the I would hope that in a bipartisan Mr. OBEY. Mr. Speaker, I thank the cost of those drugs. gentleman for yielding me time. spirit we do understand that a CR has On tax relief, the Republican leader- Mr. Speaker, I would like to simply its place, but right now we need to get ship also chose partisanship and re- say to the gentleman from Georgia, it down to work and work together but do jected offers to work with Democrats is very simple. The answer to his ques- what is right and do what the Amer- to give middle-class families much- tion is you do exactly what we have ican people are asking us for. I too needed tax relief. The 106th Congress done under Medicare, where you have agree, let us stop pointing the finger had an historic opportunity to meet one of the two parts of Medicare, one and do the right thing. the Nation’s needs and yet the Repub- for hospitals, the other for doctors; one Mr. MOAKLEY. Mr. Speaker, I yield lican leadership has squandered this of them is universal and not voluntary, 3 minutes to the gentlewoman from chance by placing partisan rhetoric and the other is universal and vol- Connecticut (Ms. DELAURO). ahead of bipartisan progress that will Ms. DELAURO. Mr. Speaker, the Re- truly benefit working families, middle- untary. It has only worked since 1965, publicans told us that in this Congress class families in this country. The so I recognize it is a bit radical for the trains were going to run on time. American people deserve much, much those on the other side of the aisle, but Not only is the train late, it is not even better. it has worked. heading in the right direction. Mr. LINDER. Mr. Speaker, I yield Let me simply say, Mr. Speaker, that Today, we consider a continuing res- myself such time as I may consume this continuing resolution is an in- olution, an emblem of failure. In the only to inquire of the gentlewoman terim funding bill which concedes that past 3 weeks, the Republican leadership from Connecticut if she will tell me we are experiencing what the leader- has not completed even one of the 11 sometime in the near future how you ship on the other side of the aisle has remaining spending bills. While they can be both universal and voluntary in said for 10 months they wanted to remain consumed with limping out of the same program. avoid above everything else, and that town to defend their record, the press- Mr. Speaker, I reserve the balance of is the fifth legislative train wreck in 6 ing issues of education, HMO reform, my time. years. prescription drug coverage for seniors, Mr. MOAKLEY. Mr. Speaker, I yield It is only three days before the end of and responsible tax relief remain 1 additional minute to the gentle- the fiscal year. We have passed only unaddressed. The American people de- woman from Connecticut (Ms. two of the 13 appropriation bills and serve better. DELAURO). funded only one of the government’s Outside of the spending bills we will Ms. DELAURO. Mr. Speaker, you can departments. That is not really new. have to pass, what has the Republican- easily have a voluntary program That has happened before. H8114 CONGRESSIONAL RECORD — HOUSE September 26, 2000 The issue is not so much whether or their political goals, but, in the end, CONTINUING APPROPRIATIONS, not we have finished our work on time produced no real legislative results. So FISCAL YEAR 2001 today. The issue is whether or not this in the end, they wind up with 11 out of Mr. YOUNG of Florida. Mr. Speaker, snarl that we find ourselves in could the 13 bills never having proceeded be- pursuant to House Resolution 591, I have been avoided, and the fact is it yond second base, and none of them call up the joint resolution (H.J. Res. could have. getting home except the defense appro- 109) making continuing appropriations I think we need to ask why we are in priations bill. for the fiscal year 2001, and for other this situation today, where we have to Now, I think the issue is simple: we purposes, and ask for its immediate extend the budget once again. I think are here today facing a day of reck- consideration. we have to recognize that some people oning because at this point we have a The Clerk read the title of the joint in this body and even those who report strategy a week coming out of the ma- resolution. on this body, are beginning to believe jority leadership. First of all, we are The text of H.J. Res. 109 is as follows: that legislative train derailments have supposed to live by the budget resolu- H.J. RES. 109 become as much a part of autumn as tion, which spells out how much is sup- football, and I think we have to ask Resolved by the Senate and House of Rep- posed to be cut out of each appropria- resentatives of the United States of America in why. tion bill. The majority party discovers Congress assembled, That the following sums Now, we hear some Members of the they cannot get the votes to pass any are hereby appropriated, out of any money in majority party saying, ‘‘Oh, the Presi- of those bills through both Houses, ex- the Treasury not otherwise appropriated, dent of the United States has involved cept the defense bills, and so what hap- and out of applicable corporate or other rev- himself. He has usurped our power. pens? They then revert to a different enues, receipts, and funds, for the several de- That is the problem.’’ strategy. partments, agencies, corporations, and other That is not the problem at all. The organizational units of Government for the Just today I left a conference where fiscal year 2001, and for other purposes, President has a perfect right to assert they are putting $2 billion additional his priorities, just as the majority and namely: into the Energy and Water bill above SEC. 101. (a) Such amounts as may be nec- minority parties in this institution the level as it left the House. I do not essary under the authority and conditions have a right to assert theirs. The Presi- know, frankly, whether I should vote provided in the applicable appropriations dent has simply moved into a vacuum for that bill or not, because I have no Act for the fiscal year 2000 for continuing created by the fact that this Congress idea what they intend to do with the projects or activities including the costs of has not done its job. I think we ought direct loans and loan guarantees (not other- other seven remaining appropriation wise specifically provided for in this joint to ask why. bills that require funding. We are in the situation we are in resolution) which were conducted in the fis- Under some circumstances, I would today because of the basic decision cal year 2000 and for which appropriations, certainly be willing to support that $2 funds, or other authority would be available made 10 months ago by the Republican billion add-on, but not if it comes at in the following appropriations Acts: leadership of this House to try to im- the expense of our being able to meet (1) the Agriculture, Rural Development, pose on the Congress a budget resolu- our responsibilities in the area of edu- Food and Drug Administration, and Related tion which they knew would not work, cation, in the area of health care, in Agencies Appropriations Act, 2001; which we knew would not work, which (2) the Departments of Commerce, Justice, the area of environmental cleanup, and the public knew would not work, and and State, the Judiciary, and Related Agen- we have none of the answers to those which the press knew would not work. cies Appropriations Act, 2001, notwith- They insisted on pretending that by questions yet because we have no idea standing section 15 of the State Department cutting huge amounts over the next 5 how they intend to produce passable Basic Authorities Act of 1956 and, section 313 bills for Interior, for Labor, Health, of the Foreign Relations Authorization Act, years out of domestic appropriations, Fiscal Years 1994 and 1995 (Public Law 103– they could somehow pretend that there Education, Social Services, for HUD, and I submit they do not either. 236); was enough room in the budget to fi- (3) the District of Columbia Appropriations nance giant tax cuts, which got pro- So it seems to me that sooner or Act, 2001; gressively larger each year as the cuts later the majority party is going to (4) the Energy and Water Development Ap- in social programs got progressively have to agree to a bipartisan approach propriations Act, 2001; deeper. I think they were warned all to achieve a broad consensus between (5) the Foreign Operations, Export Financ- around the horn that that would sim- the two parties, or else we will be ing, and Related Programs Appropriations Act, 2001, notwithstanding section 10 of Pub- ply not work. stuck on second base until the cows come home. lic Law 91–672 and section 15 of the State De- Now, I understand why they would partment Basic Authorities Act of 1956; not take those warnings from people Mr. LINDER. Mr. Speaker, I am (6) the Department of the Interior and Re- like me, because I am a member of the pleased to note that all of the speakers lated Agencies Appropriations Act, 2001; loyal opposition; but they were warned on this issue on both sides have sup- (7) the Departments of Labor, Health and by people like former Congressman Bob ported this CR and said they would Human Services, and Education, and Related Livingston, who used to Chair this support this rule, so I yield back the Agencies Appropriations Act, 2001; committee. He tried to warn the major- balance of my time, and I move the (8) the Legislative Branch Appropriations previous question on the resolution. Act, 2001; ity party that, sooner or later, if you (9) the Department of Transportation and are the governing party in any legisla- The previous question was ordered. Related Agencies Appropriations Act, 2001; tive institution, you have to choose be- The resolution was agreed to. (10) the Treasury and General Government tween getting your work done and hav- A motion to reconsider was laid on Appropriations Act, 2001; and ing absolute, total party unity; and the table. (11) the Departments of Veterans Affairs sometimes you have to sacrifice the and Housing and Urban Development, and latter in order to accomplish the f Independent Agencies Appropriations Act, former. 2001: The problem is simply that the lead- Provided, That whenever the amount which GENERAL LEAVE would be made available or the authority ership on the other side has never rec- which would be granted in these Acts as ognized that if there are those in their Mr. YOUNG of Florida. Mr. Speaker, passed by the House and Senate as of Octo- conference who are too extreme to be I ask unanimous consent that all Mem- ber 1, 2000, is different than that which would part of a broader consensus in this bers may have 5 legislative days within be available or granted under current oper- House on controversial matters, then which to revise and extend their re- ations, the pertinent project or activity shall they need to let them go and work out marks on H.J. Res. 109 and that I may be continued at a rate for operations not ex- a broad bipartisan consensus between include tabular and extraneous mate- ceeding the current rate: Provided further, the two parties. Instead, on bill after rial. That whenever there is no amount made The SPEAKER pro tempore. Is there available under any of these appropriations bill, they chose to proceed along the Acts as passed by the House and Senate as of confrontational road. They chose to objection to the request of the gen- October 1, 2000, for a continuing project or try to pass bills with only Republican tleman from Florida? activity which was conducted in fiscal year votes that satisfied their ideology and There was no objection. 2000 and for which there is fiscal year 2001 September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8115 funding included in the budget request, the tion 101 of this Act that makes the avail- partments of Commerce, Justice, and State, pertinent project or activity shall be contin- ability of any appropriation provided therein the Judiciary, and Related Agencies Appro- ued at the rate for current operations under dependent upon the enactment of additional priations Act, 2001, shall be the budget re- the authority and conditions provided in the authorizing or other legislation shall be ef- quest. applicable appropriations Act for the fiscal fective before the date set forth in section SEC. 118. Notwithstanding any other provi- year 2000. 106(c) of this joint resolution. sion of this joint resolution except section (b) Whenever the amount which would be SEC. 109. Appropriations and funds made 106, the United States Geological Survey made available or the authority which would available by or authority granted pursuant may sign a contract to maintain Landsat-7 be granted under an Act listed in this section to this joint resolution may be used without flight operations consistent with the Presi- as passed by the House as of October 1, 2000, regard to the time limitations for submis- dent’s Budget proposal to transfer Landsat-7 is different from that which would be avail- sion and approval of apportionments set flight operations responsibility from the Na- able or granted under such Act as passed by forth in section 1513 of title 31, United States tional Aeronautics and Space Administra- the Senate as of October 1, 2000, the perti- Code, but nothing herein shall be construed tion to the United States Geological Survey nent project or activity shall be continued at to waive any other provision of law gov- beginning in fiscal year 2001. a rate for operations not exceeding the cur- erning the apportionment of funds. SEC. 119. Notwithstanding any other provi- sion of this joint resolution, funds previously rent rate under the appropriation, fund, or SEC. 110. This joint resolution shall be im- appropriated to the American Section of the authority granted by the applicable appro- plemented so that only the most limited International Joint Commission in Public priations Act for the fiscal year 2001 and funding action of that permitted in the joint Law 106–246 may be obligated and expended under the authority and conditions provided resolution shall be taken in order to provide in fiscal year 2001 without regard to section for continuation of projects and activities. in the applicable appropriations Act for the 15 of the State Department Basic Authorities SEC. 111. Notwithstanding any other provi- fiscal year 2000. Act of 1956, as amended. (c) Whenever an Act listed in this section sion of this joint resolution, except section has been passed by only the House or only 106, for those programs that had high initial The SPEAKER pro tempore. Pursu- the Senate as of October 1, 2000, the perti- rates of operation or complete distribution ant to House Resolution 591, the gen- nent project or activity shall be continued of fiscal year 2000 appropriations at the be- tleman from Florida (Mr. YOUNG) and under the appropriation, fund, or authority ginning of that fiscal year because of dis- the gentleman from Wisconsin (Mr. granted by the one House at a rate for oper- tributions of funding to States, foreign coun- OBEY) each will control 30 minutes. ations not exceeding the current rate and tries, grantees or others, similar distribu- The Chair recognizes the gentleman under the authority and conditions provided tions of funds for fiscal year 2001 shall not be from Florida (Mr. YOUNG). in the applicable appropriations Act for the made and no grants shall be awarded for (Mr. YOUNG of Florida asked and fiscal year 2000: Provided, That whenever such programs funded by this resolution that was given permission to revise and ex- would impinge on final funding prerogatives. there is no amount made available under any tend his remarks.) of these appropriations Acts as passed by the SEC. 112. Amounts provided by section 101 House or the Senate as of October 1, 2000, for of this joint resolution, for projects and ac- Mr. YOUNG of Florida. Mr. Speaker, a continuing project or activity which was tivities in the Departments of Commerce, I yield myself such time as I may con- conducted in fiscal year 2000 and for which Justice, and State, the Judiciary and Re- sume. there is fiscal year 2001 funding included in lated Agencies Appropriations Act, 2001, af- Mr. Speaker, the legislation before the budget requested, the pertinent project fected by the termination of the Violent the House, H.J. Res. 109, is a con- or activity shall be continued at the rate for Crime Reduction Trust Fund, shall be dis- tinuing resolution for fiscal year 2001. current operations under the authority and tributed into the accounts established in the Legislation is needed because even conditions provided in the applicable appro- Departments of Commerce, Justice, and though the House has passed all of the priations Act for the fiscal year 2000. State, the Judiciary, and Related Agencies 13 appropriations bills, all 13 appropria- Appropriations Act, 2001, as passed by the SEC. 102. Appropriations made by section tions bills have not completed con- 101 shall be available to the extent and in the House. manner which would be provided by the per- SEC. 113. Notwithstanding any other provi- ference or been approved by the Presi- tinent appropriations Act. sion of this joint resolution, except section dent and will not be so by October 1, SEC. 103. No appropriation or funds made 106, the rate for operations for projects and the beginning of the fiscal year. So in available or authority granted pursuant to activities that would be funded under the order to keep the government oper- section 101 shall be used to initiate or re- heading ‘‘International Organizations and ating and open the first day of the new sume any project or activity for which ap- Conferences, Contributions to International fiscal year, we need to enact this con- propriations, funds, or other authority were Organizations’’ in the Departments of Com- tinuing resolution. not available during the fiscal year 2000. merce, Justice, and State, the Judiciary, and I do not think there is any con- SEC. 104. No provision which is included in Related Agencies Appropriations Act, 2001, troversy relative to the continuing res- an appropriations Act enumerated in section shall be the amount provided by the provi- 101 but which was not included in the appli- sions of section 101 multiplied by the ratio of olution itself. The duration of the con- cable appropriations Act for fiscal year 2000 the number of days covered by this resolu- tinuing resolution that is before the and which by its terms is applicable to more tion to 365. House is until October 6. than one appropriation, fund, or authority SEC. 114. Notwithstanding any other provi- Let me briefly describe the terms and shall be applicable to any appropriation, sion of this joint resolution, except section conditions of this continuing resolu- fund, or authority provided in this joint res- 106, only the following activities funded with tion. It will continue all ongoing ac- olution. Federal Funds for the District of Columbia, tivities at current rates under the SEC. 105. Appropriations made and author- may be continued under this joint resolution same terms and conditions as fiscal ity granted pursuant to this joint resolution at a rate for operations not exceeding the year 2000. Its remaining terms and con- shall cover all obligations or expenditures current rate, multiplied by the ratio of the ditions are the same as we have used in incurred for any program, project, or activ- number of days covered by this joint resolu- ity during the period for which funds or au- tion to 365: Resident Tuition Support, Cor- recent years. It does not allow new thority for such project or activity are avail- rections Trustee Operations, Court Services starts. It restricts obligations on high able under this joint resolution. and Offender Supervision, District of Colum- initial spendout programs so that final SEC. 106. Unless otherwise provided for in bia Courts, and Defender Services in District funding decisions will not be impacted. this joint resolution or in the applicable ap- of Columbia Courts. It includes eight funding or authorizing propriations Act, appropriations and funds SEC. 115. Activities authorized by sections anomalies; four of them were in last made available and authority granted pursu- 1309(a)(2), as amended by Public Law 104–208, year’s continuing resolution or have ant to this joint resolution shall be available and 1376(c) of the National Flood Insurance been modified slightly from last year; until (a) enactment into law of an appropria- Act of 1968, as amended (42 U.S.C. 4001 et tion for any project or activity provided for seq.), may continue through the date speci- four are new, and six from last year in this joint resolution, or (b) the enactment fied in section 106(c) of this joint resolution. have been deleted. into law of the applicable appropriations Act SEC. 116. Notwithstanding subsections Mr. Speaker, this continuing resolu- by both Houses without any provision for (a)(2) and (h)(1)(B) of section 3011 of Public tion is noncontroversial. I am aware such project or activity, or (c) October 6, Law 106–31, activities authorized for fiscal that the President has agreed to sign 2000, whichever first occurs. year 2000 by such section may continue dur- at least several short-term continuing SEC. 107. Expenditures made pursuant to ing the period covered by this joint resolu- resolutions, so I urge the House to this joint resolution shall be charged to the tion. move this legislation to the other body SEC. 117. Notwithstanding any other provi- applicable appropriation, fund, or authoriza- so that we can be sure that the govern- tion whenever a bill in which such applicable sion of this joint resolution, the rate for op- appropriation, fund, or authorization is con- erations for projects and activities for decen- ment will operate smoothly and effi- tained is enacted into law. nial census programs that would be funded ciently and so we can continue our reg- SEC. 108. No provision in the appropriations under the heading ‘‘Bureau of the Census, ular work to finish our regular appro- Act for the fiscal year 2001 referred to in sec- Periodic Censuses and Programs’’ in the De- priations bills quickly. H8116 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Before I reserve the balance of my creasing the likelihood that people will ple of those States just did an out- time, Mr. Speaker, I compliment all of lose their health coverage altogether. standing job and so it became easy on our colleagues in the House. While But just this weekend, Republican a bipartisan way in this session of Con- some of the debates took a long time, leaders in the House and Senate de- gress to say, okay, all 50 States will some of the amendments were difficult clared dead for the year our plan to have the flexibility if they will sign the to deal with and some of them were provide Medicare prescription coverage contract to show us that, as a matter hard political votes, despite all of this, for all seniors. of fact, they will improve the academic the House has passed all 13 of the ap- Mr. Speaker, Democrats have not achievement of all students. It is work- propriations bills. given up on helping middle-class fami- ing. We have lost so many years and so I want to repeat that, Mr. Speaker: lies. This Congress can still address many students because we did not use the House has passed all of its appro- priorities, like smaller class size, the that approach. priations bills. So now we wait for con- Patients’ Bill of Rights and prescrip- We passed the Teacher Empowerment ferences that cannot be scheduled be- tion drugs. We can still do it, Mr. Act out of committee and on the floor cause the other body has not passed all Speaker, but only if Republican leaders of the House. See, it does not matter of the bills. We have outstanding dif- will put aside their partisanship, tell what the pupil-teacher ratio is if we ferences with the President that we are their special interest friends that the cannot put a quality teacher in the trying diligently to work through. people come first and work with us. classroom. It does not matter if there Hopefully, before too many more days Mr. YOUNG of Florida. Mr. Speaker, are 50 there or whether there are two have passed, we will have reached I yield 6 minutes to the very distin- there. The only difference is we have agreement and be able to say that all guished gentleman from Pennsylvania saved 40-some others from having a 13 bills have been passed by the House (Mr. GOODLING), the chairman of the lack of a quality teacher in their class- and the Senate and have been approved Committee on Education and the room. by the President. Workforce. So, again, the very first 30 percent of Mr. Speaker, I reserve the balance of (Mr. GOODLING asked and was given the 100,000 teachers had no qualifica- my time. permission to revise and extend his re- tions whatsoever. No qualifications Mr. OBEY. Mr. Speaker, I yield 3 marks.) whatsoever. What we did is reduce minutes to the distinguished gen- Mr. GOODLING. Mr. Speaker, I rise class size and put them in with a to- tleman from Texas (Mr. FROST). in support of H.J. Res. 109. For 30 years tally inadequate teacher; destroyed Mr. FROST. Mr. Speaker, I thank the before we became a Republican major- their opportunity to ever get a piece of gentleman for yielding me time. ity, the idea was that we could change the American dream. What have we Mr. Speaker, after we pass this con- everything in education if we just had said? In the Teacher Empowerment Act tinuing resolution today, only seven one more program from Washington, it should be a guidepost for whatever is legislative days will remain before the DC., if we had $1 billion more to spend done next year to ensure that we have Republican leadership’s target adjourn- on one more program, if we could cover a quality teacher in every classroom. ment date for this Congress. 100,000 more students. Nobody said any- Mr. Speaker, when we were negoti- When it comes to addressing the thing about quality. It was just if we ating this last year with the White most pressing concerns of families could just have one more program, and House, that very day an article in a across the country, the record of this it was well meaning and well inten- New York newspaper, big headlines, a Republican Congress is just as abysmal tioned. The problem is, we did not close whole front page said, ‘‘Parents do you as it was when we convened nearly 2 the achievement gap for the disadvan- realize that 50 percent of your teachers years ago. Republicans spent all of last taged. In fact, it has widened. have no qualifications whatsoever to be year trying to spend nearly $1 trillion So when I became the chairman, we teaching your children?’’ What a trag- of the people’s surplus on a massive said, let us talk about quality instead edy. package of tax breaks for the wealthi- of quantity. Let us talk about results So, again, the pupil-teacher ratio is est few; and they wasted this year on a instead of process. That was the guid- not important. What is important is series of tax breaks that, surprise, sur- ing light during the reauthorization of having a quality teacher in each class- prise, would have cost nearly $1 trillion IDEA, the Individuals With Disabilities room. That is why we passed the and overwhelmingly benefited the Education Act; the Higher Education Teacher Empowerment Act. That is wealthiest few. Act; the Vocational Education Act; the why we passed the Student Results Meanwhile, Mr. Speaker, the people’s Workforce Development Act; the reau- Act. That is why we passed the Aca- agenda has been shelved. Too many of thorization of Head Start; the child nu- demic Achievement for All Act, and 2 America’s children have returned to trition program; and the Reading Ex- weeks ago we passed the Literacy In- school this fall in crumbling class- cellence Act, just to mention a few. volves Family Together Act. It makes rooms, but Republican leaders are still b several quality improvements in Even blocking school modernization. Teach- 1530 Start family literacy programs. We ers in overcrowded classrooms still We changed the whole idea and we know that if we do not deal with the face the nearly impossible task of talked about quality and we talked entire family, we cannot break the maintaining discipline and giving their about results. And we are beginning to cycle. So I am very proud of that reau- students the individual attention they see results, because we are now begin- thorization. deserve. But the Republican Congress ning to see quality programs. And, yes, we made great strides in still refuses to help hire 100,000 new Well, in relationship to this con- doing what we should have done a long teachers to reduce class size. tinuing resolution, I am very proud of time ago before I ever became a part of Mr. Speaker, almost a year has gone what we have been able to do as a Com- the majority, and that was deal with by since the House passed the bipar- mittee on Education and the Work- the 40 percent that we said many years tisan Patients’ Bill of Rights, but Re- force. I am very proud of what we have ago, many years ago, that we would publican leaders in the House, as well been able to do in the House in rela- supply from the Federal level 40 per- as the Senate, have kept it from be- tionship to education and workforce cent of the average per pupil expendi- coming law. Nearly 18 million Ameri- development. ture to assist States in educating chil- cans have been denied or delayed med- The Education Flexibility Act passed dren with disabilities. They would be ical care since then. the House. And what we said is that we getting $2,600 instead of $750 or $780. Mr. Speaker, millions of American want to give local schools an oppor- But I am pretty proud of the fact that seniors, including middle-class seniors, tunity to make decisions that affect we have seen dramatic increases in the are still being forced to choose between their students as long as they can show last couple years, $2.6 billion as a mat- buying groceries and buying needed us that every child’s academic achieve- ter of fact. prescriptions, and it is getting worse. A ment has improved. But, Mr. Speaker, if we could have new Kaiser Family Foundation study I was thrown a bone of six States done this from day one, we take care of found that skyrocketing prescription when I was not a member of the major- maintenance of school buildings. We prices are driving premiums up and in- ity, and then it became 12. And a cou- take care of school construction. If all September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8117 of these years, Los Angeles would have in 1997 to which Republicans had at- percent more than the Congress passed been getting the $95.5 million more. If tached controversial policy riders. and the President vetoed the year be- they would have gotten the 40 percent, And not before the GOP provoked fore. Nobody was surprised at what the they would have no problem with two Federal Government shutdowns in outcome of these proposals was going buildings. If New York would have got- 1995 and 1996. to be. They just did not care. Inevi- ten $170 million each year, New York Pleading for compromise 2 years ago, tably, we are here. City, they would have had no problems Mr. Gingrich who was pleading for Yet in urging passage of the budget with maintenance and school construc- compromise, Mr. Gingrich stated and I resolution conference report on April tion. Chicago, $76 million more each quote: ‘‘Surely,’’ this is Mr. Gingrich’s 13, the chairman of the Committee on year. Think of that over 25 years. And quote, in case anybody missed it. the Budget, the gentleman from Ohio D.C., $12.5 million more. ‘‘Surely those of us who have grown up (Mr. Kasich) stated, and I quote, ‘‘I am Mr. Speaker, I am very proud in the and matured in this process understand disappointed that we do not have four area of higher education, Pell Grants after the last 4 years that we have to times as much tax relief in this bill.’’ which enable youngsters who could work together on the big issues. If we I do not know where he thought he otherwise not pursue higher education do not work together on big issues, was going to get the votes to pass ap- to do so. Pell Grants are an exception nothing gets done.’’ So said Mr. Ging- propriation bills under that cir- to my rule, because quantity does mat- rich, the Speaker of the House. cumstance. It is one thing to hail huge ter in this case. Since 1995, under our Well, now we know that common tax cuts. We all like to say that. It is leadership we now have an increase, an sense advice went in one ear and out something all together different to ex- annual rate of 7.1 percent. For fiscal the other. With all due respect to the plain how one would actually pay for year 2001, our appropriators are going gentleman from Florida (Chairman them, how we would get there. to break their own records and provide YOUNG) who gets on the floor and says The huge tax cuts in this year’s budg- an increase of at least $350 more per we have passed all 13 appropriations et resolution would have necessitated student maximum, making it the larg- bills, the gentleman is absolutely cuts in non-defense discretionary of est increase in the history. right. And we knew at that time that The naysayers in this Congress are to $121.5 billion over 5 years, in education, at least 11 of those appropriation bills in health care, in law enforcement, in be expected. November 7 is not far off. were not real and could not pass, and But we have a record and we have a all of the work that the Federal Gov- would bring us to an impasse. The gen- ernment does. There were not the votes record that we could be proud to stand tleman knew that. I do not expect him on and I am proud to stand on that on that side of the aisle to accomplish to get up on the floor and say he knew those cuts. Period. And certainly not record. that. But I know that in his heart, he Mr. OBEY. Mr. Speaker, I yield 8 in the Senate on that side of the aisle. knew we were right. However, Mr. Speaker, I do not be- minutes to the distinguished gen- Mr. Speaker, today we are living lieve there is a soul in this body who tleman from Maryland (Mr. HOYER). with those results. With only 5 days Mr. HOYER. Mr. Speaker, I thank thought for a minute that such Draco- left before the start of the fiscal year the distinguished gentleman from Wis- nian cuts would ever happen. Notwith- in 2001, we have failed to complete our consin (Mr. OBEY), our ranking mem- standing that, we passed these bills work on 11 of the 13 must-pass appro- ber, for yielding me this time. knowing that we would be here in this priation bills. Mr. Speaker, I intend to vote for this situation 5 days before the end of the Continuing resolutions, of course, are continuing resolution, as I presume fiscal year. Thus, this ill-conceived not unusual. Since 1977, we have com- most of us will. But let us recognize budget resolution which made a sham- pleted our work on all 13 spending bills what we are doing for what it really is. bles of our appropriations process this on only four times in that period of It is the budgetary cap stone to 6 years year put us in this predicament. of the Republican’s Perfectionist Cau- time. But in the 6 years under this major- As The Washington Post observed, cus. and I quote, ‘‘The appropriation proc- I do not remember how many remem- ity, we have completed our work on two or fewer appropriation bills by Oc- ess is again a charade in which the Re- ber Speaker Gingrich’s speech to the publicans pretend to be making cuts in Perfectionist Caucus in 1998, but it was tober 1 four separate times. That is 4 out of 6 years, less than two. In 1995, domestic spending that in the end they a compelling and accurate speech as to know they will lack the votes to sus- why we are here right now. none were completed in time. Not one. In 1997 and 1998, we completed one bill tain, and with good reason; some of the Now, my very close friend for whom cuts would do real harm. The first I have great respect, and I emphasize each. So my colleagues on the Repub- lican side are 100 percent ahead of round of appropriation bills,’’ they that because I want the public to know went on to say, ‘‘is mainly for show.’’ that in a bipartisan way, I think the where they were in 1995 and 1996. I sup- The distinguished gentleman from gentleman from Florida (Mr. YOUNG), pose that is some sort of progress. Florida (Chairman YOUNG), my friend, the chairman of our committee, does And this year we finished just two. knew that. He characterized that as: an excellent job. And, frankly, had his The die for this end-of-the-year budget Well, we are in the second or third in- caucus listened to him and the other debacle was cast 6 months ago. It was ning. Mr. Speaker, I do not know what appropriators as to what we should be inevitable. It was predictable and we inning we are in now, but it is obvi- doing, we would not be here now. all knew, at least on the Committee on But the Perfectionist Caucus mon- Appropriations, on both sides of the ously getting late in the ball game. iker was born 2 years ago when then aisle, that we were going to be here The gentleman said then that: ‘‘We Speaker Gingrich walked on to this today doing exactly what we are doing. will get real then. We will fix these floor and chastised his Republican col- As the gentleman from South Carolina bills.’’ I think he was right and hope- leagues, the Perfectionist Caucus, not (Mr. SPRATT), my good friend, the fully we are going to. all of these Republican colleagues, for ranking member of the Committee on Mr. Speaker, the blame for this budg- urging the defeat of an omnibus spend- the Budget, correctly predicted in et mess lies squarely with Members of ing measure. Perhaps they would do so April when the GOP passed its budget the Republican’s Perfectionist Caucus, again this year. resolution, and I quote, ‘‘This resolu- so coined by your predecessor, the After 4 years in the majority, it tion puts us on a track for another Speaker of the House, Mr. Gingrich, seems Mr. Gingrich had finally seen budgetary train wreck in September.’’ who failed to heed the advice of their the light. But not before these things Mr. Speaker, he said that in April. He Speaker 2 years ago and instead adopt- had happened: predicted then we would have a train ed an unrealistic budget this year that The GOP failed to pass a budget at wreck in September. He said that their disrupted the entire appropriations all in 1998. The first time we had not budget ‘‘calls for deep cuts in domestic process. passed a budget since the adoption of programs to make room for very large After 6 years in the majority, I really the Budget Act in 1974. tax cuts.’’ Let me be precise. The have to wonder just how long, in the And not before the GOP dared the GOP’s budget resolution calls for $175 words of the former Speaker, it takes President to veto a disaster relief bill billion tax cuts over 5 years. That is 12 to grow up and mature in this process. H8118 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Notwithstanding that, Mr. Speaker, I That is the first thing that has to be The gentleman from Arizona (Mr. urge my colleagues to support this con- done, and then we confer with our col- KOLBE) and I sat down on the Treasury- tinuing resolution. leagues in the Senate, then we relate it Postal bill. I think we have agreement b 1545 to the White House and finally try to on where we ought to be. I think we get a package. need to start that process earlier and Mr. YOUNG of Florida. Mr. Speaker, Mr. HOYER. Mr. Speaker, will the be real earlier and stop making polit- I yield myself such time as I may con- gentleman yield? ical points as to who is saving money sume. Mr. YOUNG of Florida. I yield to the or who is not saving money when we I wanted to thank my friend, the gen- gentleman from Maryland. know the inevitable result will be we tleman from Maryland (Mr. HOYER), for Mr. HOYER. I thank the gentleman will attempt to fund appropriation bills the history lesson on continuing reso- for yielding to me. I wish the gen- at levels that are consistent with what lutions and who did what and when did tleman would not take down the chart, we think our responsibilities are. they do it. because I want to read from his very Mr. Speaker, I want to congratulate I would say to my friend who asked beautiful chart. He read 1990, 51; 1991, 36 the chairman, the gentleman from about what inning are we in, I would days; 1992, 57 days; 1993, 5 days; 1994, 41 Florida (Mr. YOUNG), because I think say we are in the 9th inning and prob- days, then came 1995 which, of course, the chairman’s leadership has been for ably the bottom of the 9th. And in 4 we passed in 1994, the last year the that proposition, and I admired him for days, I suggest that we are going to go Democrats were in charge. And he gave that. He has not always prevailed. into overtime because of a tie, a 3-way correctly the credit to the gentleman And I think what Mr. Gingrich was tie. from Wisconsin (Mr. OBEY) for having 0 really trying to say and I said it some- Mr. OBEY. Mr. Chairman, will the days, but then he stopped. what facetiously tried to do it lightly, gentleman yield? As I read the gentleman’s chart, the but it was a serious point that we can Mr. YOUNG of Florida. I yield to the next year, which was the first year on each side posture and say, well, we gentleman from Wisconsin. that the Republicans were in charge, want it our way. But if we all go for- Mr. OBEY. I did not know that you the gentleman, of course, was not ward saying we want it our way, we had overtime in baseball games. chairman of the Committee on Appro- end up as we are today and, that is, Mr. YOUNG of Florida. Mr. Speaker, priations at that point in time, we having at the last minute to try to I think we are going to have overtime were at 208 days, which was more than come to agreement. here. all the other years combined that the I want to congratulate the chairman, Mr. HOYER. If the gentleman will gentleman read. I wondered why the the gentleman from Florida, because I yield, the gentleman from Florida (Mr. gentleman stopped at that. think that is what he has tried to do, YOUNG) meant extra innings, we know Mr. YOUNG of Florida. Reclaiming wants to do and is leading in a direc- what the gentleman meant. my time, I would remind the gen- tion of doing right now; and I thank Mr. YOUNG of Florida. We are going tleman from Maryland (Mr. HOYER) him for yielding. to go into overtime, that overtime will that was the year that there were a few Mr. YOUNG of Florida. Mr. Speaker, soon start. The gentleman from Mary- items that were held over until April of I appreciate the gentleman’s com- land (Mr. HOYER) has just gone through the following year, and the majority of ments, and that is why I like him. I the history of the 6 years of the Repub- basic fundamental appropriations for would be happy to yield him more time lican control of the House, so I thought the government were completed prior if he wants to compliment the Chair I would come back with the last 6 years to that; but those few items that we any more. But that is the process. of the Democratic control of the House. had agreed to hold over until the next There are 435 Members of this House Let us go back starting in fiscal year spring caused the 208 days. and 100 Members of the other body, and 1990, because that would be 6 years But the gentleman covered the Re- that means there are 535 different opin- back. Under the Democratic leadership publican history well enough, I ions on almost any issue. in the House, they had 51 days of con- thought, that I should cover the Demo- It takes a while to resolve those dif- tinuing resolution. The one we present cratic history, to point out that there ferences because each House is equal to today asks for only 6 days. is a problem in our process, to point the other, and then when the President In fiscal year 1991, they had 36 days; out, if I had my big chart here, which gets to the point that he can either ac- in fiscal year 1992, they had 57 days of the gentleman has seen, how many cept or veto a bill, he becomes as pow- overtime under CRs; in fiscal year 1993, days the Committee on Appropriations erful, understand this, he becomes as they did a little better, because they loses in a fiscal year before we ever get powerful as two thirds of us, because if only had 5 days; in fiscal year 1994, a budget resolution. he does not agree with something that they had 41 days. In fiscal year 1995, Mr. Speaker, that is a very telling we have done, it takes two thirds of us and I give my colleague from Wis- chart, because the actual workdays to override that veto. And so it is a consin (Mr. OBEY) credit, that was the available to appropriators after we re- process that is full of obstacles and pit- year that he chaired the committee, ceive the budget resolution are very falls along the way. We do the best we the bills were all completed on time. limited. can to work through them. During the 6 years of the Republican Mr. HOYER. Would the gentleman Mr. Speaker, I reserve the balance of control, during one year no CR was yield? my time. needed. But the truth is we have had Mr. YOUNG of Florida. Mr. Speaker, Mr. OBEY. Mr. Speaker, how much CRs, except for 2 years, in the last 12 I would be happy to yield. time is remaining on each side? years. The 1 year that our friend, the Mr. HOYER. Mr. Speaker, to make a The SPEAKER pro tempore (Mr. gentleman from Wisconsin (Mr. OBEY), serious point, I have commended every LATOURETTE). The gentleman from chaired the committee, he had the bills time I have stood on this floor the gen- Wisconsin (Mr. OBEY) has 191⁄2 minutes done on time; but, the gentleman had tleman from Florida (Mr. YOUNG), the remaining and the gentleman from 81 more Democrats in the House than chairman of the Committee on Appro- Florida (Mr. YOUNG) has 14 minutes re- there were Republicans, and that priations, for his leadership. The gen- maining. makes the job a little bit easier. tleman, I think, on our side of the aisle Mr. OBEY. Mr. Speaker, I yield my- Mr. Speaker, with our breakdown is perceived to be one of the fairest, self 8 minutes. today, the way I read it, there are 222 kindest, most responsible Members of Mr. Speaker, the distinguished gen- Republicans, 210 Democrats and two this House. I share that view in great tleman from Florida (Mr. YOUNG), my independents. Now, that makes our job measure; and I think the serious point good friend, indicated that the year a little bit tougher, and that is why it here is, as we will hopefully pass this that I was chairman we were able to even took longer to get the bills CR, is that we really ought to get away pass all of our bills on time because we through the House. I am glad my from first innings, second innings, and had 80 more Democrats. That sounds friend, the gentleman from Maryland third innings; and we ought to start, like a pretty good recommendation to (Mr. HOYER), repeated it again. We and that is my real point, Mr. Speaker, me. I hope that he is willing to endorse have passed all 13 bills in the House. sitting down together, as we are now. it. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8119 Mr. YOUNG of Florida. Mr. Chair- the amounts requested by the Presi- Mr. Speaker, I reserve the balance of man, will the gentleman yield? dent, and it called for even deeper re- my time. Mr. OBEY. I yield to the gentleman ductions in each of the next 5 years to Mr. YOUNG of Florida. Mr. Speaker, from Florida. finance the ever-escalating outyear I yield 5 minutes to the distinguished Mr. YOUNG of Florida. Give us 81 costs of their tax package. Most of it gentleman from Florida (Mr. SCAR- more Republicans than there are was aimed at providing the relief for BOROUGH). Democrats, and we will show you a real folks at the very top of the economic Mr. SCARBOROUGH. Mr. Speaker, I whirlwind of activity here. ladder. thank the gentleman from Florida Mr. OBEY. God help us all if that Mr. Speaker, so now reality has (Chairman YOUNG) for yielding me 4 were to happen. Let me simply say, Mr. caught up with us; and we are here just minutes. Speaker, you know, the President has a few weeks before the election still Mr. Speaker, I am always interested not vetoed any of these bills. The last stuck on second base, still trying to in the talk that goes around this time time I looked, our Republican friends wave some of those runners home. And of year. We have just heard that we are were in control of both Houses; and yet I have to come to the conclusion that, now in the ninth inning, and our they have been able to pass only two from time to time, I look around, and friends on the Democratic side of the appropriations bills through both I do not see anybody in the batter’s aisle have actually called out their re- Houses and both of those have been box. I cannot figure out what signals lief pitcher, Newt Gingrich. They are signed. are coming from the bench from who- bringing up Newt Gingrich. I cannot They all relate to the funding of one ever is coaching today, because we believe I am hearing my ears. The gentleman from Maryland (Mr. department, the Defense Department, started with one strategy and now, all HOYER) is saying we need to follow the but four of the bills that have yet to be of a sudden, 2 weeks before we are sup- advice of Newt Gingrich and not be passed have not even yet passed the posed to be adjourned, we are told, members of the Perfectionist Caucus. other body, in the real world known as ‘‘Oh, we have this new approach, this He goes on to say, as do so many oth- the Senate; and that means that the 90–10 approach.’’ We are going to use 90 ers, that, if we were not just such per- main problem has been that the major- percent for deficit reduction and use ity party has not been able to reach fectionists, and if we had listened to the other 10 percent for tax cuts and the gentleman from Florida (Chairman agreement with itself. for other appropriations and other fi- As the gentleman from Maryland YOUNG), perhaps we would have gotten nancial expenditures.’’ our business done. (Mr. HOYER) indicated earlier, every But when you look at it that way, time an appropriations bill came to the Well, we have gone 13 for 13. We lis- that puts $80 billion of new money on tened to the gentleman from Florida floor, we were told, ‘‘Well, we know it the table, a huge amount; and all of a (Chairman YOUNG). We listened to the has problems, we know that this can- sudden, we have subcommittees meet- appropriators on the Republican and not be passed until it is fixed, but pass ing in each separate room all working the Democratic side. We have gotten it on. This is only the first inning, we out their own deals. And we have no all 13 bills passed. I think we have done will fix it later.’’ And now, because of idea how they relate to each other, no a great job. that, we have all of those runners piled idea what the spending level is going to While we are talking about history up on second base, and none of them be in the end, no idea what the rules lessons, why do we not talk about the are going home. That is why the gov- are, no idea what the discipline is. So fact that the House and the Senate are ernment is again off the track, or the we wind up seeing a process which has two completely different animals. Why, train is off the track. no discipline. I remember my friends on the Demo- I repeat what I said earlier, the rea- It has no order. It does not even have cratic side of the aisle passing a BTU son we are in this position is because priorities; and, to me, that is an incom- tax in 1993 that they thought was a early on, the majority party leadership petent way to try to put together a great idea. Well, their colleagues in the decided that above all else, they were Federal budget or any other piece of Senate did not agree. Well, that is the going to keep their party together and legislation. I do not blame the major- way this process works. We hope that they were going to pass each of these ity party members on the Committee our friends in the Senate will agree bills on their side of the aisle alone, if on Appropriations, because most of with us and come together and pass the necessary. And they fashioned them in them warned early in the game that bills. such a way that they were acceptable this would be the case if we followed I think the gentleman from Florida to the most rigid elements within their this course. And so I guess we will have (Chairman YOUNG) has done a great caucus, and that meant that those bills to continue to try to do the best we can job. I disagree with the statement that were not acceptable, either to us or to under these circumstances. this process has brought disorder to a lot of their fellow Republicans in the Mr. Speaker, I, for the life of me, the House and shown chaos. I think he other body. cannot figure out what the strategy is has done a fantastic job from the very Mr. Speaker, now we are facing the to either finish these bills or to get beginning. logical consequences of the majority signable bills down to the White House. But we have a challenge even beyond party pretending for the last 10 months I think maybe we have a shot at Inte- the Senate. Even if we pass these bills that they could cut education, they rior. I am hoping that we can close on in the Senate, the New York Times has could cut health, they could cut envi- Interior very, very soon; but beyond reported that the President of the ronmental cleanup, they could cut job that, I am mystified about how we in- United States is considering a govern- protection programs all deeply below tend to proceed. ment shutdown strategy. We cannot the President’s budget and still find b control that either. the votes to pass these appropriation 1600 Just like back in 1995, I do not know bills on time and leave a lot of room All I can say is that I hope that soon- how many people remember, but the for very large tax cuts. Now, that has er or later we can get everyone in the President of the United States vetoed all been demonstrated to be untrue; same room so that we know what is nine appropriation bills. One of those and we all knew it was untrue from the happening with respect to all of the bills which was a Legislative Branch beginning, including many of my pieces. Because until we know that, all bill, when he got it, he said, ‘‘Well, I friends on the majority side of the aisle of these pieces are going to be spin- am going to veto it.’’ He vetoed it. who would privately admit that it was ning, all of these pieces are going to be They asked him why. He said, ‘‘I not true. going in circles rather than going in agreed with the bill, I just wanted to Mr. Speaker, if you look at the num- any discernible direction; and that send a message.’’ Then he sent a mes- bers, the problem is that the budget serves no one’s interest. All it does is sage on eight other bills, and then we resolution, which the majority passed bring further discredit to the institu- had a government shutdown. He did it at the beginning of the year, was $20 tion and make people think that chaos before, and he did it back then in 1995 billion below the amount needed to is the norm around here. Having served because he said our plan to balance a simply stay even with inflation, and in this place a long time, that was not budget in 7 years would wreck the $28 billion or nearly 10 percent below my impression until recently. economy. H8120 CONGRESSIONAL RECORD — HOUSE September 26, 2000 Now we went through the appropria- discredit to this House. I think he has signed by President Bush, which was tion process. The gentleman from Flor- done a great time. excoriated by that same Speaker Ging- ida (Chairman YOUNG), then the gen- Mr. OBEY. Mr. Speaker, I yield my- rich and a number of the rest of the tleman from Louisiana (Mr. LIVING- self 11⁄2 minutes. Members of his party. STON), the gentleman from Ohio (Chair- Mr. Speaker, I would simply point The gentleman from Florida (Mr. man KASICH), several others said it was out to the gentleman from Florida (Mr. SCARBOROUGH) also has a selective the right thing to do. We had a very or- SCARBOROUGH) that is a very inter- memory, I suggest to my colleagues, dered process. Unfortunately, at the esting and a very amusing and not very about what Mr. Greenspan said before end, the President and our friends on relevant rewrite of history. the Committee on the Budget, the the left decided to get involved and in But I would simply ask him, he raises Joint Economic Committee, and every a destructive way vetoed nine appro- this great specter of the President fol- other committee before which he has priation bills. lowing a veto strategy. Which appro- testified about the tax cuts. Then you Again, according to the New York priations bills has the President vetoed take out each individual item. You Times, the President is considering this year? To my knowledge, he has were smarter this year. You said people doing that again. We cannot do any- not vetoed any appropriations bills this like this, people like that, so we will thing about that. If the President year. My colleagues have not been able take it in small bites, and maybe they wants to operate under a shutdown to get four bills through their own will not notice that the total is more strategy in the year 2000, that is the party in the other body, and they have than the one they did not like a year President’s prerogative. As the gen- got the gall to claim that the President ago August when you thought you were tleman from Florida (Chairman YOUNG) is the reason that the Congress has not going to go to the American public and said, he has got the power of two-thirds done its work. Grow up. say, ‘‘Do you believe the President of of us. I certainly hope he does not do Mr. SCARBOROUGH. Mr. Speaker, the United States is going to veto this that. I think we have to continue doing will the gentleman yield? bill?’’ And, guess what, the American the people’s business. Mr. OBEY. Surely I yield to the gen- public said, ‘‘Yeah, not only do we be- Talking about working for the mid- tleman from Florida. lieve he is going to, we think he ought dle class, I have got to tell my col- Mr. SCARBOROUGH. Well, again, I to because we think it puts Social Se- leagues, when we came here in 1995, we am just saying the President is laying curity and Medicare at risk.’’ were mired under debt, we were mired in wait, waiting to veto these bills. Now, this year you cut it up in little under deficit. The appropriations ap- Second, as I mentioned on the Btu pieces and thought maybe you could proach taken by the Committee on Ap- issue, sometimes one cannot control nibble it through. But it would have propriations back then and this House, what Senators do. had the same consequence. Mr. Green- it was to get rid of the deficit. It was to The SPEAKER pro tempore (Mr. span whom you quote said, ‘‘Uh-uh, pay down the debt. We were told it LATOURETTE). The time is controlled you ought not to do that.’’ would destroy the economy. It did not by the gentleman from Wisconsin (Mr. Let us go back a little more in his- do it. OBEY). tory in the 1993 bill. The gentleman Chairman Greenspan came and testi- Mr. OBEY. Mr. Speaker, reclaiming from Ohio (Mr. KASICH) said that, if we fied before the Committee on the Budg- my time, the gentleman can go back to passed the 1993 bill, the economy would et back in 1995. He said, ‘‘If you follow 1993, ancient history, if he desires. fall off the precipice. Mr. Gingrich said, this blueprint, you will see unprece- That still does nothing to change the if we enacted the 1993 bill, the economy dented economic growth.’’ We followed fact that the President has vetoed no would go in the tank. The gentleman the blueprint. Because of it, the Presi- bills. from Texas (Mr. ARMEY) said that it dent vetoed nine bills. We continued to The reason this continuing resolu- would create high deficits, high infla- fight then. What happened? History tion is here is not because he has not tion, and economic disaster. The gen- shows that by forcing the President to done his work; it is because this body tleman from Texas (Mr. DELAY) said continue down the path of fiscal re- has not done its work in reconciling its that it would create unbelievable un- sponsibility and to balance the budget differences with the Senate so that you employment and unbelievable deficits. in 7 years that the economy exploded can lay bills on the President’s desk. It Now what has happened, Mr. Speak- because of it. I think it is great news. was not the President who blew up the er, is exactly 180 degrees opposite of As far as these charges that somehow Treasury-Postal bill, it was the United what every Republican leader said in we have been held hostage to extreme States Senate. It was not the President 1993 would happen as a consequence of tax cuts, which I have got to give you who designed a strategy which pro- the adoption of the President’s eco- guys credit, you sure stay on message duced appropriation bills you could not nomic program. In fact, we have the and have for 6 years, the extreme tax get past your own party in the other best economy in the lifetimes of any- cuts were approved by over 260 people. body, it was your own leadership. Ac- body in this room, low inflation, more You call the marriage penalty relief cept the consequences of your own ac- employment than we have ever had, tax extreme. I do not. Over 260 Mem- tions. That is what adults are supposed and the fastest creation of jobs at any bers of the House, both Republicans to do. time. Healthy, robust economic and Democrats agree with me. Same ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE growth. Most houses owned by Amer- thing with death tax relief. It is called The SPEAKER pro tempore. The ican citizens ever in history. Every in- extreme tax relief at the end of the ses- Chair would remind all Members it is dicator is positive as a direct result. sion. But I have got to tell my col- not in order to cast reflections on the Now, going back to what CBO said. leagues, during the middle of this ses- United States Senate. CBO said that, not only did you not sion, over 260 Republicans and Demo- Mr. OBEY. Mr. Speaker, I am happy bring down the deficit, but in 1995, 1996, crats agreed with it. The majority of to yield 4 minutes to the gentleman 1997 and 1998, the net effect of those 4 Americans agreed with it. So the only from Maryland (Mr. HOYER). years was to increase by $12 billion the reason those were not enacted into law Mr. HOYER. Mr. Speaker, I share the deficit. So the net reduction was ap- was because you all were able to hide amusement of the gentleman from Wis- proximately 140 if you put those two behind a President’s veto, which, consin (Mr. OBEY), my ranking mem- bills together. again, he can do. ber, at the recitation of history. First So let us tell it like it is. I would re- But let us look at who is really being of all, CBO, your CBO that you ap- peat the gentleman from Wisconsin’s extreme here. We are doing what polls pointed the chair of 2 years ago came (Mr. OBEY) admonition when you say show the American people want, but down and said the reason we have cut veto strategy. The President has not more importantly what we said we the deficit is not because of anything vetoed anything this year. would do when we got elected in 1994. I that was done on the Republican lead- Now, we are going to pass the CR. It am proud of the gentleman from Flor- ership, it was because of the 1993 eco- is the responsible and right thing to do. ida (Chairman YOUNG) for his work. I nomic program that was adopted by I am for it. We have done it in the past disagree with the fact that anything Democrats only, not one Republican because we have not reached agree- that has happened here has brought voted for it, and the 1990 program ment. But I tell the gentleman from September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8121 Florida (Mr. SCARBOROUGH), the reason specifically, he said starting in 1995, if if it were only up to him, our sub- we have not reached agreement is be- we enacted that, we would see interest committees would be allowed to meet. cause the budget resolution was a reso- rates drop by 2 percent. And he pre- But this is really not the way to run lution for political sake, not for sub- dicted in 1995, if the Republican plan the Congress of the United States nor stance sake. was followed, that we would see un- the government of the United States. Nobody on the Committee on Appro- precedented economic growth not seen As a related issue, Mr. Speaker, and priations, I tell my friend the gen- in peacetime. Do my colleagues know as a Member from Ohio who has work- tleman from Florida, nobody on either what? He is exactly right. ers dying from exposure to beryllium, side of the aisle in the Committee on Mr. Speaker, we stuck to our guns. we were told today that the Sub- Appropriations thought for one minute We followed the advice of the voters we committee on Defense has not allowed, that the Committee on the Budget’s heard in 1994. We followed what Alan because of the leadership, any provi- resolution was going to be carried out Greenspan said. I am glad we are hav- sion in any bill that would take care of in appropriation bills, not because of ing this debate. people dying of exposure to beryllium, the President, but because you cannot Mr. OBEY. Mr. Speaker, might I in- nuclear-related radiation or gaseous get it through the Congress of the quire how much time is remaining. diffusion. I think that is absolutely United States. We said that in April. The SPEAKER pro tempore. The gen- wrong when we have it within our The gentleman from South Carolina tleman from Wisconsin (Mr. OBEY) has power to meet the needs of the Amer- 1 (Mr. SPRATT) said that in April. That is 6 ⁄2 minutes remaining. The gentleman ican people. why I quoted the gentleman from from Florida (Mr. YOUNG) has 7 min- Mr. YOUNG of Florida. Mr. Speaker, South Carolina. In fact that is what utes remaining. I yield 2 minutes to the gentleman Mr. OBEY. Mr. Speaker, I yield 2 has happened. from Georgia (Mr. ISAKSON). Let us work together. Let us not minutes to the distinguished gentle- Mr. ISAKSON. Mr. Speaker, I thank woman from Ohio (Ms. KAPTUR have the Perfectionist Caucus prevail. ). the gentleman for yielding me this Mr. YOUNG of Florida. Mr. Speaker, b 1615 time, and I particularly thank him for I yield myself 1 minute. the education he has given a new Mem- Ms. KAPTUR. Mr. Speaker, I thank ber in a short period of time on this Mr. Speaker, the subject of Presi- the ranking member of the Committee dential vetoes has been raised here sev- process. on Appropriations for yielding me this Mr. Speaker, I respect both the gen- eral times by my two friends who have time. just spoken. During the Committee on tlemen and the debate they are having As the ranking member of the Sub- today. But to be honest, hearing politi- Appropriations work, we were told committee on Agriculture, Rural De- time after time after time by the gen- cians argue about how they have re- velopment, Food and Drug Administra- vised history makes little difference at tleman from Wisconsin (Mr. OBEY) ‘‘If tion and Related Agencies of the Com- all in the 9th inning of any baseball you do it this way, the bill is going to mittee on Appropriations, I have to say game. And with all due respect, my in- be vetoed.’’ How many times on the that although we are, in a way, forced terest and my knowledge in this budget floor when we were considering the ap- to vote for this continuing resolution process is pretty much limited to edu- propriations bills did the gentleman for the sake of the American people, cation, which has taken a beating from from Wisconsin say, ‘‘If you do this, what has happened inside this institu- the minority side today. the bill is going to be vetoed,’’ or ‘‘If tion really is not healthy. So I want to forget about history, you do not do that, the bill is going to I can tell my colleagues that all day forget about who introduced what, for- be vetoed.’’ He is speaking for the ad- I have been in my office fielding calls get about who created what program. I ministration. But we have had veto from Members in this Chamber asking think it is fair for us to know what the threats on almost every appropriations me where our bill is, where the dif- tentative agreement on the Labor-HHS bill that we have considered here. ferent provisions are. Whether it is bio- budget, for this year in this Congress When the gentleman tells us that a mass provisions relating to switchgrass today, is in the United States of Amer- bill is going to be vetoed, then we will in Iowa or whether it is water-related ica. take the time to try to work with the projects in the West, it really does not It is not a cut, but it is a $562 million White House and work together, as the matter. I, as a Member, cannot tell increase over President Clinton’s budg- gentleman suggested, and see if we can them because our conference com- et. And that is a fact. It is not a cut, find a way to make that bill signable mittee has not met. but it is a $1 billion increase in special by the President rather than vetoed. We have been getting calls from the education over the President’s rec- But we take the gentleman from Wis- other body. We had reached agreement ommendation. And amazingly, it is a consin at his word. The gentleman tells on certain amendments which we now $3.1 billion title VI improvement offer- us the bill is going to be vetoed. We are understand are pulled. For example, on ing the opportunity for flexibility for going to try to find a way to make that prescription drugs. We had passed dif- school construction at the local level. bill acceptable to the President if we ferent measures here to allow re- We would never know in a million can. importation of prescription drugs so years, by listening to the other side, Mr. Speaker, I yield 1 minute to the our people could get the same price as that everything priority-wise that they gentleman from Florida (Mr. SCAR- if they go over the border into Canada. debated for local schools to have the BOROUGH). We had reached agreement that we opportunity to do within good fiscal Mr. SCARBOROUGH. Mr. Speaker, I would put $23 million in this year’s bill sound policy exists. thank the gentleman from Florida to ensure the public safety on those Sure, other recommendations were (Chairman YOUNG) for yielding me this drugs. Now we are told this provision made in the past, but the past is his- time. has been lifted from the agriculture ap- tory. I appreciate the gentleman’s Mr. Speaker, I am relieved that order propriation bill, wherever it is in the mentioning my predecessor, Mr. Ging- has been returned to the universe. institution, and the leadership is going rich. The only history I remember that They have now benched Newt Gingrich to be handling that. is lasting is that we as a majority are, again and going back to 1993 and say The same is true with the provisions fortunately, because of him, debating maybe we should not follow his strat- dealing with Cuba, which, granted, are from a position of balanced budgets egy. very controversial, but we wanted to be today and not deficits. A lot of people I do not know if my colleagues were able to move product into Cuba; allow deserve credit for it, but he certainly listening, though, to the same testi- our businesses to sell there; allow our deserves a lot. mony that I heard Greenspan give be- farmers to move product. Now we are Mr. Speaker, it is not right for the fore the Committee on the Budget in told that is lifted out of our bill. We American people on September 26, 2000, 1995, but what Alan Greenspan said are receiving phone calls in our office; to believe that this Congress is doing very specifically, not talking about the and we have to tell Members, sorry, we anything other than the following: in- tax cuts that we have enacted this are not being called as conferees. creasing education by $562 million; spe- year, he said, if we would enact our I have the greatest respect for the cial education by $1 billion; and offer- plan to balance the budget in 7 years, chairman of the full committee. I know ing local schools the opportunity for H8122 CONGRESSIONAL RECORD — HOUSE September 26, 2000 school construction and other pro- The issues we are addressing in the Pell Grants that we put on the table in grams at their choice. And stating any- final days of this Congress are impor- the conference? thing else to the contrary is wrong. tant and complex. Completing our We are asking that our colleagues Mr. OBEY. Mr. Speaker, I yield 1 work will require cooperation. We need recognize that there is a crying need in minute to the gentleman from Mary- good-faith efforts at results, not road- this country to repair dilapidated land (Mr. HOYER). blocks. We need every Member of the school buildings and to keep the Presi- Mr. HOYER. Mr. Speaker, I think the Congress, every Senator, and the White dent’s dedicate funding. We are asking gentleman is correct, that what is House to do the right thing, to do what our colleagues to recognize the need to present is the most important. But it is makes sense and address the issues reduce class size. We are asking that also important to understand, I tell my that matter to Americans. the Republicans recognize that 93 per- friend from Georgia, how we got to the Let us stop playing politics, pass this cent of education funds in this country present. Because the bill that I believe resolution, and get back to the busi- are spent the way local school districts he initially voted for was $3.5 billion ness of addressing our Nation’s prob- want them to be spent. We are asking under the President’s budget. lems. our colleagues on the other side of the Now, hear me. Originally, when we Mr. OBEY. Mr. Speaker, how much aisle to use the other 7 percent that passed the bill through this House, it time is remaining on both sides? the Federal Government provides in was $3.5 billion on education under the The SPEAKER pro tempore (Mr. order to target issues of national im- President’s request. So that, yes, we LATOURETTE). The gentleman from portance and national need in the in- are here; but the reason we are here is Wisconsin (Mr. OBEY) has 31⁄2 minutes, terest of quality of education and so- a little bit of what the gentleman from and the gentleman from Florida (Mr. cial justice. That is what we need. Florida (Mr. YOUNG) said. The Presi- YOUNG) has 3 minutes remaining. We need to fund both Republican and dent said he was not going to sign that Mr. OBEY. Mr. Speaker, I yield my- Democratic priorities in the area of kind of bill. self the balance of my time. education if we are to have the kind of The gentleman is right. He has not The issue is not what has happened in bipartisan support for that bill that it vetoed it because my colleague has not the past; the issue is what ought to ought to have under any Congress, no sent it to him. He said, I am not going happen now. I am amused by our matter who is controlling the Con- to sanction that kind of cut in edu- friends on the other side of the aisle gress. cation. So, yes, we do readily admit who claim that all of a sudden the Re- So I would simply say, Mr. Speaker, that we have a budget that is now pre- publicans are the new-found friend of I would urge a vote for this resolution, sumably going to come out of the education. Over the last 6 years, since because we have no choice if we want Labor-Health conference much better, they have taken control of this House, to keep the government open, and we but it is much better because the Presi- they have tried to cut, in 4 different do. But I would ask the majority, in- dent of the United States said he was years, they have tried to cut education stead of continuing to insist that they not going to sanction that House prod- funding below the previous year—not please the most rigid elements of their uct. below the request, but below the pre- caucus on all of their appropriation Mr. YOUNG of Florida. Mr. Speaker, vious year funding—by about $5.5 bil- conferences, I would ask that they rec- I yield 2 minutes to the gentlewoman lion. ognize we need a bipartisan approach from Texas (Ms. GRANGER), a member Now they are discovering that that is to all of these bills, or we will need an- of the Committee on Appropriations. not so popular. And so, belatedly, they other continuing resolution and yet an- Ms. GRANGER. Mr. Speaker, Mem- other one; and we will indeed be stuck bers on both sides of the aisle have re- are beginning to grudgingly give ground; and instead of calling for the here until the cows come home. peatedly stated that it is time to get Mr. YOUNG of Florida. Mr. Speaker, abolition of the Department of Edu- past politics, yet as we consider a con- I yield myself the balance of my time. tinuing resolution to keep the govern- cation and eliminating Federal influ- Mr. Speaker, my friend, the gen- ence in education, they are now grudg- ment functioning, debates become tleman from Wisconsin (Mr. OBEY), has more political and perhaps less sub- ingly recognizing that there needs to mentioned education; and this has been stantive. be a Federal role. Yet it is very grudg- an ongoing debate and argument in the Today’s vote is not about partisan ingly given ground indeed. Congress. We believe that we have been rhetoric, it is about results. This Con- If my colleagues want to see our sup- more generous to the educational ap- gress has tried to work in a bipartisan port for the Labor, Health, and Edu- propriation than the President re- way, and on a number of issues that cation bill, for instance, all they need quested. But the major difference has matter to every-day Americans it has to do is to get rid of the anti-worker not been so much the numbers and the been able to. It has certainly done this riders; get rid of the anti-environ- dollars. The major difference is how is under the leadership of the gentleman mental riders in the Interior bill; get the educational money going to be from Florida (Mr. YOUNG) in trying to rid of the anti-education riders in the spent: Is some guru here in Washington get our bills passed on time. Labor-Health-Education bill, get rid of going to sit down here and determine One shining example is the fact that the anti-health riders that they have. what is best for the school districts and we repealed the 60-year-old earnings And what they need to do is to recog- the schools in every one of our counties limit imposed on working seniors. We nize that if we are going to fund edu- and cities throughout America; or are worked together because it was the cation programs fairly, we ought to the people elected at the local level right thing to do. It made sense. It fund Republican priorities as well as going to make the decision on how mattered to Americans. That should be Democratic priorities. they should use the money available to our standard every time we come into So we welcome the fact that our them? this Chamber, what is the right thing friends on the other side of the aisle For example, in some case we need to do, what makes sense, and what have decided they want to increase more buildings. In other cases we need matters to Americans. I submit to you, funding for special education. We are more schoolteachers. In other cases we Mr. Speaker, that the answer to each asking them to also do what they said need computers. In other cases we need of these questions is one in the same. they would do in May and raise that special education. There are so many, We must pass the continuing resolu- amount by another $700 million to many different needs in education. And tion to keep the government func- meet the amount they promised the I think that it is far wiser to allow the tioning and get to work on issues that American people in May. people elected in the local school sys- matter to our families, issues like pay- The Republican presidential can- tems to make the decisions on what ing down the debt and providing pre- didate, Mr. Bush, claims that he is now their needs really are to best educate scription drugs to our seniors. The belatedly for an increase in the Pell the children in those schools. We are practice of passing continuing resolu- Grants, after he pooh-poohed that very not arguing about the money; we are tions is not unusual. It has taken place idea in Eau Claire, Wisconsin, just a arguing about who makes the decision under Democrat and Republican con- month ago. What we are asking is this: on how that money is used. trol both. It is what we need to do If he is for that, then why do you not And now, Mr. Speaker, after having today. vote for that additional increase in nearly 2 hours of good political debate, September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8123 many of the topics not having any- Coburn Hoekstra Myrick Sununu Tierney Waxman Collins Holden Nadler Sweeney Toomey Weiner thing to do with this resolution before Combest Holt Napolitano Talent Towns Weldon (FL) us, I want to thank my friend, the gen- Condit Hooley Neal Tancredo Traficant Weldon (PA) tleman from Wisconsin (Mr. OBEY), for Conyers Hostettler Nethercutt Tanner Turner Weller his support of this resolution and the Cook Houghton Ney Tauscher Udall (CO) Wexler Cooksey Hoyer Northup Tauzin Udall (NM) Weygand gentleman from Maryland (Mr. HOYER). Costello Hulshof Norwood Taylor (MS) Upton Whitfield We would all prefer not to have to do Cox Hunter Nussle Taylor (NC) Velazquez Wicker this. I agree with the gentleman from Coyne Hutchinson Oberstar Terry Visclosky Wilson Wisconsin, that it would be better if all Cramer Hyde Obey Thomas Vitter Wise Crane Inslee Olver Thompson (CA) Walden Wolf 13 bills were signed by the President. Crowley Isakson Ortiz Thompson (MS) Walsh Woolsey But we find ourselves today needing Cubin Istook Ose Thornberry Wamp Wu this continuing resolution until the 6th Cummings Jackson (IL) Owens Thune Waters Wynn Thurman Watt (NC) Young (AK) day of October in order to make cer- Cunningham Jackson-Lee Oxley Danner (TX) Packard Tiahrt Watts (OK) Young (FL) tain of the smooth continuity of our Davis (FL) Jefferson Pallone NAYS—2 Federal Government. Davis (IL) Jenkins Pascrell Davis (VA) John Pastor DeFazio Stark b 1630 Deal Johnson (CT) Payne DeGette Johnson, E. B. Pease NOT VOTING—16 So just let me ask the Members to Delahunt Johnson, Sam Pelosi Campbell Jones (OH) Rogan support this continuing resolution. DeLauro Jones (NC) Peterson (MN) Clay Klink Smith (MI) And then we will get back to the bar- DeLay Kanjorski Peterson (PA) Franks (NJ) Lazio Vento DeMint Kaptur Petri Gillmor McCollum Watkins gaining tables, negotiate, and find the Deutsch Kasich Phelps Gutierrez McIntosh solutions that are acceptable to the Diaz-Balart Kelly Pickering Horn Paul Dickey Kennedy Pickett House, to the Senate, and to the Presi- b 1652 dent and then get on about the busi- Dicks Kildee Pitts Dingell Kilpatrick Pombo Mr. KANJORSKI and Mr. CAPUANO ness of the Congress. Dixon Kind (WI) Pomeroy Mr. Speaker, I yield back the balance Doggett King (NY) Porter changed their vote from ‘‘nay’’ to of my time. Dooley Kingston Portman ‘‘yea.’’ The SPEAKER pro tempore (Mr. Doolittle Kleczka Price (NC) So the joint resolution was passed. Doyle Knollenberg Pryce (OH) The result of the vote was announced LATOURETTE). All time for debate is ex- Dreier Kolbe Quinn pired. Duncan Kucinich Radanovich as above recorded. The joint resolution is considered as Dunn Kuykendall Rahall A motion to reconsider was laid on Edwards LaFalce Ramstad the table. having been read for amendment. Ehlers LaHood Rangel Pursuant to House Resolution 591, Ehrlich Lampson Regula f Emerson Lantos Reyes the previous question is ordered. SMALL BUSINESS LIABILITY The question is on the engrossment Engel Largent Reynolds English Larson Riley RELIEF ACT and third reading of the joint resolu- Eshoo Latham Rivers tion. Etheridge LaTourette Rodriguez Mr. OXLEY. Mr. Speaker, I move to The joint resolution was ordered to Evans Leach Roemer suspend the rules and pass the bill be engrossed and read a third time and Everett Lee Rogers (H.R. 5175) to provide relief to small Ewing Levin Rohrabacher businesses from liability under the was read the third time. Farr Lewis (CA) Ros-Lehtinen The SPEAKER pro tempore. The Fattah Lewis (GA) Rothman Comprehensive Environmental Re- question is on passage of the joint reso- Filner Lewis (KY) Roukema sponse, Compensation, and Liability Fletcher Linder Roybal-Allard Act of 1980, as amended. lution. Foley Lipinski Royce The question was taken; and the Forbes LoBiondo Rush The Clerk read as follows: Speaker pro tempore announced that Ford Lofgren Ryan (WI) H.R. 5175 Fossella Lowey Ryun (KS) Be it enacted by the Senate and House of Rep- the ayes appeared to have it. Fowler Lucas (KY) Sabo Mr. OBEY. Mr. Speaker, I object to Frank (MA) Lucas (OK) Salmon resentatives of the United States of America in the vote on the ground that a quorum Frelinghuysen Luther Sanchez Congress assembled, is not present and make the point of Frost Maloney (CT) Sanders SECTION 1. SHORT TITLE. Gallegly Maloney (NY) Sandlin order that a quorum is not present. This Act may be cited as the ‘‘Small Busi- Ganske Manzullo Sanford ness Liability Relief Act’’. The SPEAKER pro tempore. Evi- Gejdenson Markey Sawyer dently a quorum is not present. Gekas Martinez Saxton SEC. 2. SMALL BUSINESS LIABILITY RELIEF. The Sergeant at Arms will notify ab- Gephardt Mascara Scarborough (a) LIABILITY EXEMPTIONS.—Section 107 of Gibbons Matsui Schaffer the Comprehensive Environmental Response, sent Members. Gilchrest McCarthy (MO) Schakowsky Compensation, and Liability Act of 1980 (42 The vote was taken by electronic de- Gilman McCarthy (NY) Scott U.S.C. 9607) is amended by adding at the end vice, and there were—yeas 415, nays 2, Gonzalez McCrery Sensenbrenner Goode McDermott Serrano the following: not voting 16, as follows: Goodlatte McGovern Sessions ‘‘(o) SMALL BUSINESS DE MICROMIS EXEMP- [Roll No. 493] Goodling McHugh Shadegg TION.— Gordon McInnis Shaw ‘‘(1) IN GENERAL.—Except as provided in YEAS—415 Goss McIntyre Shays paragraphs (2) and (3), a person (including a Abercrombie Bereuter Brown (FL) Graham McKeon Sherman parent, subsidiary, or affiliate of the person) Ackerman Berkley Brown (OH) Granger McKinney Sherwood that, during its 3 taxable years preceding the Aderholt Berman Bryant Green (TX) McNulty Shimkus Allen Berry Burr Green (WI) Meehan Shows date on which the person first receives or re- Andrews Biggert Burton Greenwood Meek (FL) Shuster ceived written notification from the Presi- Archer Bilbray Buyer Gutknecht Meeks (NY) Simpson dent of its potential liability under this sec- Armey Bilirakis Callahan Hall (OH) Menendez Sisisky tion, (A) employed on average not more than Baca Bishop Calvert Hall (TX) Metcalf Skeen 100 full-time individuals (notwithstanding Bachus Blagojevich Camp Hansen Mica Skelton fluctuations resulting from seasonal employ- Baird Bliley Canady Hastings (FL) Millender- Slaughter ment) or the equivalent thereof, and (B) had, Baker Blumenauer Cannon Hastings (WA) McDonald Smith (NJ) Baldacci Blunt Capps Hayes Miller (FL) Smith (TX) on average, annual revenues of $3,000,000 or Baldwin Boehlert Capuano Hayworth Miller, Gary Smith (WA) less, as reported to the Internal Revenue Ballenger Boehner Cardin Hefley Miller, George Snyder Service, shall be liable under paragraph (3) Barcia Bonilla Carson Herger Minge Souder or (4) of subsection (a) to the United States Barr Bonior Castle Hill (IN) Mink Spence or any other person (including liability for Barrett (NE) Bono Chabot Hill (MT) Moakley Spratt contribution) for any response costs incurred Barrett (WI) Borski Chambliss Hilleary Mollohan Stabenow with respect to a facility only if the total of Bartlett Boswell Chenoweth-Hage Hilliard Moore Stearns Barton Boucher Clayton Hinchey Moran (KS) Stenholm material containing a hazardous substance Bass Boyd Clement Hinojosa Moran (VA) Strickland that the person arranged for disposal or Becerra Brady (PA) Clyburn Hobson Morella Stump treatment of, arranged with a transporter Bentsen Brady (TX) Coble Hoeffel Murtha Stupak for transport for disposal or treatment of, or H8124 CONGRESSIONAL RECORD — HOUSE September 26, 2000

accepted for transport for disposal or treat- ‘‘(A) IN GENERAL.—For purposes of this sub- different threshold based on site-specific fac- ment, at the facility, was greater than 110 section, the term ‘municipal solid waste’ tors. gallons of liquid material or greater than 200 means waste material— ‘‘(ii) The material containing a hazardous pounds of solid material. ‘‘(i) generated by a household (including a substance contributed by the potentially re- ‘‘(2) EXCEPTION.—Paragraph (1) shall not single or multifamily residence); and sponsible party does not present toxic or apply if the President determines that— ‘‘(ii) generated by a commercial, institu- other hazardous effects that are significantly ‘‘(A) the material containing a hazardous tional, or industrial source, to the extent greater than the toxic or other hazardous ef- substance referred to in paragraph (1) con- that the waste material— fects of other material containing hazardous tributed or could contribute significantly, ‘‘(I) is essentially the same as waste nor- substances at the facility. individually or in the aggregate, to the cost mally generated by a household; or ‘‘(C) REDUCTION IN SETTLEMENT AMOUNT ‘‘(II) is collected and disposed of with other of the response action with respect to the fa- BASED ON LIMITED ABILITY TO PAY.— municipal solid waste as part of normal mu- cility; or ‘‘(i) IN GENERAL.—The condition for settle- nicipal solid waste collection services and, ‘‘(B) the person has failed to comply with ment under this subparagraph is that the po- with respect to each facility from which the an administrative subpoena, has failed to tentially responsible party is a natural per- waste material is collected, qualifies for a comply with an order to compel compliance son or a small business and demonstrates to with any request for information issued by small business de micromis exemption under subsection (o). the President an inability or a limited abil- the President under this Act (or is the sub- ity to pay response costs. ject of a civil action to compel such compli- ‘‘(B) EXAMPLES.—Examples of municipal solid waste under subparagraph (A) include ‘‘(ii) CONSIDERATIONS.—In determining ance), or has impeded or is impeding the per- food and yard waste, paper, clothing, appli- whether or not a demonstration is made formance of a response action with respect ances, consumer product packaging, dispos- under clause (i) by a small business, the to the facility. able diapers, office supplies, cosmetics, glass President shall take into consideration the ‘‘(3) TIME PERIOD COVERED.—Paragraph (1) and metal food containers, elementary or ability of the small business to pay response shall only apply to material that a person secondary school science laboratory waste, costs and still maintain its basic business arranged for disposal or treatment of, ar- and household hazardous waste. operations, including consideration of the ranged with a transporter for transport for ‘‘(C) EXCLUSIONS.—The term ‘municipal overall financial condition of the small busi- disposal or treatment of, or accepted for solid waste’ does not include— ness and demonstrable constraints on the transport for disposal or treatment, at a fa- ‘‘(i) combustion ash generated by resource ability of the small business to raise reve- cility before the date of the enactment of the recovery facilities or municipal incinerators; nues. Small Business Liability Relief Act. or ‘‘(iii) INFORMATION.—A small business re- ‘‘(4) AFFILIATE DEFINED.—For purposes of ‘‘(ii) waste material from manufacturing questing settlement under this subparagraph this subsection and subsection (p), the term or processing operations (including pollution shall promptly provide the President with all ‘affiliate’ has the meaning of that term pro- control operations) that is not essentially relevant information needed to determine vided in the definition of ‘small business the same as waste normally generated by the ability of the small business to pay re- concern’ in regulations promulgated by the households. sponse costs. Small Business Administration in accord- ‘‘(4) COSTS AND FEES.—A person that com- ‘‘(iv) ALTERNATIVE PAYMENT METHODS.—If ance with the Small Business Act (15 U.S.C. mences a contribution action under section the President determines that a small busi- 631 et seq.). 113 shall be liable to the defendant for all ness is unable to pay its total settlement ‘‘(p) MUNICIPAL SOLID WASTE EXEMPTION.— reasonable costs of defending the action, in- amount at the time of settlement, the Presi- ‘‘(1) IN GENERAL.—Except as provided in cluding all reasonable attorney’s fees and ex- dent shall consider such alternative payment paragraph (2), a person may be liable for re- pert witness fees, if the defendant is not lia- methods as may be necessary or appropriate. sponse costs under paragraph (3) or (4) of ble for contribution based on an exemption ‘‘(D) ADDITIONAL CONDITIONS FOR EXPEDITED subsection (a) for municipal solid waste at a under this subsection or subsection (o).’’. SETTLEMENTS.— (b) EXPEDITED SETTLEMENT FOR DE MINIMIS facility only if the person is not— ‘‘(i) WAIVER OF CLAIMS.—The President CONTRIBUTIONS AND LIMITED ABILITY TO ‘‘(A) an owner, operator, or lessee of resi- shall require, as a condition for settlement PAY.— dential property from which all of the per- under this paragraph, that a potentially re- (1) PARTIES ELIGIBLE.—Section 122(g) of son’s municipal solid waste was generated sponsible party waive all of the claims (in- such Act (42 U.S.C. 9622(g)) is amended— cluding a claim for contribution under sec- with respect to the facility; (A) in paragraph (1) by redesignating sub- ‘‘(B) a business entity (including a parent, tion 113) that the party may have against paragraph (B) as subparagraph (E); other potentially responsible parties for re- subsidiary, or affiliate of the entity) that— (B) by striking ‘‘(g)’’ and all that follows sponse costs incurred with respect to the fa- ‘‘(i) during its 3 taxable years preceding through the period at the end of paragraph cility, unless the President determines that the date on which the business entity first (1)(A) and inserting the following: requiring a waiver would be unjust. receives or received written notification ‘‘(g) EXPEDITED FINAL SETTLEMENT.— ‘‘(ii) FAILURE TO COMPLY.—The President from the President of its potential liability ‘‘(1) PARTIES ELIGIBLE.— may decline to offer a settlement to a poten- under this section, employed on average not ‘‘(A) IN GENERAL.—Whenever practicable more than 100 full-time individuals (notwith- and in the public interest, the President tially responsible party under this paragraph standing significant fluctuations resulting shall, as expeditiously as practicable, notify if the President determines that the poten- from seasonal employment), or the equiva- of eligibility for a settlement, and offer to tially responsible party has failed to comply lent thereof; and reach a final administrative or judicial set- with any request for access or information or ‘‘(ii) generated all of its municipal solid tlement with, each potentially responsible an administrative subpoena issued by the waste with respect to the facility; or party that, in the judgment of the President, President under this Act or has impeded or is ‘‘(C) an organization described in section meets 1 or more of the conditions set forth in impeding the performance of a response ac- 501(c)(3) of the Internal Revenue Code of 1986 subparagraphs (B), (C), and (E). tion with respect to the facility. and exempt from tax under section 501(a) of ‘‘(B) DE MINIMIS CONTRIBUTION.—The condi- ‘‘(iii) RESPONSIBILITY TO PROVIDE INFORMA- such Code that, during its taxable year pre- tion for settlement under this subparagraph TION AND ACCESS.—A potentially responsible ceding the date on which the organization is that the liability of the potentially re- party that enters into a settlement under first receives or received written notification sponsible party is for response costs based on this paragraph shall not be relieved of the re- from the President of its potential liability paragraph (3) or (4) of subsection (a) of sec- sponsibility to provide any information or under this section, employed not more than tion 107 and the potentially responsible par- access requested in accordance with sub- 100 paid individuals at the location from ty’s contribution of hazardous substances at section (e)(3)(B) or section 104(e).’’; which was generated all of the municipal a facility is de minimis. For the purposes of (C) in subparagraph (E) of paragraph (1) (as solid waste attributable to the organization this subparagraph, a potentially responsible redesignated by subparagraph (A))— with respect to the facility. party’s contribution shall be considered to (i) by redesignating clauses (i) through (iii) ‘‘(2) EXCEPTION.—Notwithstanding para- be de minimis only if the President deter- as subclauses (I) through (III), respectively, graph (1), a person may be liable under this mines that each of the following criteria are and by moving such subclauses and the mat- section if the President determines that the met: ter following subclause (III) (as so redesig- person has failed to comply with an adminis- ‘‘(i) The quantity of material containing a nated) 2 ems to the right; trative subpoena, has failed to comply with hazardous substance contributed by the po- (ii) by striking ‘‘(E) The potentially re- an order to compel compliance with any re- tentially responsible party to the facility is sponsible party’’ and inserting the following: quest for information issued by the Presi- minimal relative to the total quantity of ‘‘(E) OWNERS OF REAL PROPERTY.— dent under this Act (or is the subject of a material containing hazardous substances at ‘‘(i) IN GENERAL.—The condition for settle- civil action to compel such compliance), or the facility. The quantity of a potentially re- ment this subparagraph is that the poten- has impeded or is impeding the performance sponsible party’s contribution shall be pre- tially responsible party’’; and of a response action with respect to the facil- sumed to be minimal if the quantity is 1 per- (iii) by striking ‘‘This subparagraph (B)’’ ity. cent or less of the total quantity of material and inserting the following: ‘‘(3) DEFINITION OF MUNICIPAL SOLID containing hazardous substances at the facil- ‘‘(ii) APPLICABILITY.—Clause (i)’’; and WASTE.— ity, unless the Administrator establishes a (D) by adding at the end the following: September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8125 ‘‘(F) BASIS OF DETERMINATION.—If the their liability to the United States of the ees and revenues of not more than $3 President determines that a potentially re- settlement.’’. million. It is limited to common gar- sponsible party is not eligible for settlement SEC. 3. EFFECT ON CONCLUDED ACTIONS. bage and ordinary garbage that may under this paragraph, the President shall The amendments made by this Act shall have small contributions of other provide the reasons for the determination in not be a basis for challenging the enforce- waste. If the waste that a small busi- writing to any potentially responsible party ability of any settlement lodged in, or judg- that requests a settlement under this para- ment issued by, a United States District ness sends to a site causes big environ- graph. Court before the date of the enactment of mental problems, then the liability ex- ‘‘(G) NO JUDICIAL REVIEW.—A determina- this Act against a person who is a party to emptions would no longer apply. tion by the President under this paragraph the settlement or against whom the judg- I would point out that some who have shall not be subject to judicial review. ment has been issued. criticized our definition of a small ‘‘(H) DEFINITION OF SMALL BUSINESS.—In The SPEAKER pro tempore (Mr. business have actually voted for ex- this paragraph, the term ‘small business’ ISAKSON). Pursuant to the rule, the emptions that do not include any busi- means a business entity that, during its 3 gentleman from Ohio (Mr. OXLEY) and ness size restriction whatsoever. More- taxable years preceding the date on which the gentleman from New York (Mr. over, the administration’s current de the business entity first receives or received TOWNS) each will control 20 minutes. micromis policy applies more broadly written notification from the President of its The Chair recognizes the gentleman than this bill to any size company. potential liability under section 107, em- In addition, H.R. 5175 shifts the bur- ployed on average not more than 100 full- from Ohio (Mr. OXLEY). GENERAL LEAVE den of proof under Superfund to the time individuals (notwithstanding fluctua- government when it goes after small tions resulting from seasonal employment) Mr. OXLEY. Mr. Speaker, I ask unan- or the equivalent thereof.’’. imous consent that all Members may businesses. I do not believe that small (2) SETTLEMENT OFFERS.—Such section have 5 legislative days within which to businesses should be presumed guilty 122(g) is further amended— revise and extend their remarks on this and be forced to hire and pay for attor- (A) by redesignating paragraph (6) as para- legislation and to insert extraneous neys to prove their innocence. This is graph (9); and material on the bill. fundamentally wrong and unfair. In (B) by inserting after paragraph (5) the fol- The SPEAKER pro tempore. Is there America, you are innocent until proven lowing: objection to the request of the gen- guilty. The government or larger busi- ‘‘(6) SETTLEMENT OFFERS.— nesses should have the burden of pro- ‘‘(A) NOTIFICATION AND OFFER.—As soon as tleman from Ohio? There was no objection. viding evidence, solid evidence, that practicable after receipt of sufficient infor- small businesses are liable before de- mation to make a determination, the Presi- Mr. OXLEY. Mr. Speaker, I yield my- dent shall— self 5 minutes. manding cash settlements. ‘‘(i) notify any person that the President Mr. Speaker, I rise today to urge my It is hard to think of anything in determines is eligible under paragraph (1) of colleagues to vote for passage of H.R. Congress that has been more open and the person’s eligibility for an expedited set- 5175, the Small Business Liability Re- public than Superfund reform. Protec- tlement; and lief Act. I introduced this legislation tions for innocent parties in H.R. 5175, ‘‘(ii) submit a written settlement offer to along with the gentleman from New including de micromis relief, relief for such person. York (Mr. BOEHLERT) and a bipartisan ordinary garbage, and expedited settle- ‘‘(B) INFORMATION.—At the time at which group of cosponsors in order to provide ments, were included in both H.R. 2580 the President submits an offer under this long overdue liability relief to individ- and H.R. 1300, the broader bipartisan subsection, the President shall make avail- Superfund bills reported this Congress able, at the request of the recipient of the uals, families, and small business own- offer, to the recipient any information avail- ers unfairly trapped in the litigation from the Committees on Commerce able under section 552 of title 5, United nightmare of the Superfund program and Transportation and Infrastructure, States Code, on which the President bases for over 2 decades. respectively. the settlement offer, and if the settlement The Superfund is in bad need of re- As chairman of the Subcommittee on offer is based in whole or in part on informa- form. I have worked for years to enact Finance and Hazardous Materials, I tion not available under that section, so in- comprehensive and meaningful Super- have personally conducted 6 years of form the recipient. fund reform to create a fairer liability Superfund hearings. In fact, in just the ‘‘(7) LITIGATION MORATORIUM.— scheme for the Superfund program. Un- House alone, there have been a com- ‘‘(A) IN GENERAL.—No person that has re- bined 46 hearings on Superfund with ceived notification from the President under fortunately, it appears unlikely that we will be able to accomplish broader testimony from 416 witnesses. At those paragraph (6) that the person is eligible for hearings we have heard the administra- an expedited settlement with respect to a fa- reform this year. But that does not cility under paragraph (1) shall be named as mean that we cannot make real tion, environmentalists, and businesses a defendant in any action under this Act for progress. It is time to provide relief to all tell us that innocent small busi- recovery of response costs (including an ac- innocent parties like Barbara Wil- nesses were never meant to be in tion for contribution) with respect to the fa- liams, the former owner of Sunny Ray Superfund in the first place. I am en- cility during the period— Restaurant in Gettysburg, Pennsyl- tering some of these statements into ‘‘(i) beginning on the date on which the the RECORD. vania, and to Greg Shierling, the owner person receives from the President written b notice of the person’s potential liability and of two McDonald’s restaurants in Quin- 1700 notice that the person is a party that may cy, Illinois, as well as thousands of oth- Mr. Speaker, even in the last few qualify for an expedited settlement with re- ers just like them whose only crime as weeks, to accommodate concerns about spect to the facility; and small business owners was sending or- the legislation, we have met with the ‘‘(ii) ending on the earlier of— dinary garbage to the local dump. EPA and others and redrafted the legis- ‘‘(I) the date that is 90 days after the date H.R. 5175 provides relief to innocent lation to address their concerns. The on which the President tenders a written set- small businesses who never should have bill on the floor today reflects those tlement offer to the person with respect to been brought into Superfund in the changes. the facility; or first place. First, it provides liability ‘‘(II) the date that is 1 year after receipt of While it is unfortunate that EPA notice from the President that the person protection to small businesses who dis- does not yet support the legislation, may qualify for an expedited settlement with posed of very small amounts of waste. the fact remains that we have gone respect to the facility. Second, it provides relief for small way above and beyond the call of duty ‘‘(B) SUSPENSION OF PERIOD OF LIMITA- businesses who disposed of ordinary in trying to address concerns raised, TION.—The period of limitation under section garbage. Third, it provides shelter from and we have asked repeatedly for any 113(g) applicable to a claim against a person costly litigation for small businesses specific written proposals to address described in subparagraph (A) for response who dispose of small amounts of waste outstanding concerns with the legisla- costs, natural resource damages, or contribu- and parties who face serious financial tion, but received nothing. tion shall be suspended during the period de- hardship by directing the Federal Gov- For thousands of small business own- scribed in subparagraph (A). ers across America who have already ‘‘(8) NOTICE OF SETTLEMENT.—After a set- ernment to offer these parties expe- tlement under this subsection becomes final dited settlements to remove them from been dragged into litigation or forced with respect to a facility, the President shall the web of Superfund litigation. to pay cash settlements for legally put- promptly notify potentially responsible par- This bill provides relief for innocent ting out their trash, this bill most like- ties at the facility that have not resolved small businesses with up to 100 employ- ly comes too late. But in just the last H8126 CONGRESSIONAL RECORD — HOUSE September 26, 2000 7 days, we have received letters, faxes cited as de micromis parties, deserve relief EPA and the major [potentially responsible and e-mails from small business owners from the system.’’—Testimony of Patricia parties] PRP’s are now suing many of these around the country who need our help. Williams, Counsel and Legislative Rep- companies who didn’t settle, resulting in This is an example of some of the let- resentative, National Wildlife Federation, more business for the attorneys. As I under- before the Water Resources and Environment stand it, these companies will be allowed in ters we have received just over the last Subcommittee, June 21, 1995 later months to bring third party lawsuits. week. Small businesses Where will it end? I do not think the law’s Mr. Speaker, I would ask Members to intent is to place hardships on small busi- please join me and other bipartisan co- ‘‘For my company it started on February 10, 1999 when we received a letter in the mail ness when the ultimate winners are the at- sponsors today in saying enough is from the EPA that stated 6 large local cor- torneys, not the environment. ‘‘Who were the companies forced to pay enough, and let us pass this narrowly porations and the city were looking to re- this settlement . . . Some are people in their targeted Small Business Liability Re- cover some of their costs for the cleanup of retirement years. Some are widows whose our local landfill. Even though the majority lief Act so these other innocent small husbands passed away and they now have of what we had hauled there was only trash businesses can be spared the litigation this settlement to deal with. Some are sons and legally disposed of at the time, the EPA nightmare that has already befallen so whose fathers once owned the business and said . . . we were potentially responsible for many. now, years later, they have inherited the paying our proportional share of that clean- Mr. Speaker, I include the following problem up. for the RECORD. . . . Mothers and fathers would have been ‘‘When I read the letter, I felt sick. For me reluctant to pass a family business—and its SUPERFUND IS A SMALL BUSINESS LITIGATION and the 148 other companies that received liability—to the next generation. We have NIGHTMARE the letter, it was unexpected and without some men in their late 70’s and early 80’s FOR THE RECORD: WHAT THEY’VE SAID warning . . . It was asking us, as small com- that could lose their life’s savings when they Environmental Protection Agency panies to ‘contribute’ 3.1 million dollars . . . should be enjoying their retirement years. ‘‘. . . the EPA sent one of their attorneys ‘‘If you are a small business, if you sent They are spending their time and money . . . Many people stood up and pleaded their garbage, like the stuff you and I put out paying the EPA for something they did 25 situations and how unfair and un-American every Monday evening for the garbage com- years ago that was legal . . . this whole situation was. He admitted to ev- pany to pick up, you should never hear the . . . It is needless business pressures like eryone that the law was probably unfair and word Superfund. I think there is not a person this that destroy small businesses and cause very harsh . . . he couldn’t do anything up here who doesn’t agree with that. We have undue pain and hardship. Victimizing small about its unfairness . . . he said that it was worked hard within the current law to pro- business is not going to help speed the clean- all he had to work with.’’—Testimony of tect these small parties, but we cannot do it up of Superfund sites.’’ Testimony of Mike Mike Nobis, JK Creative Printers before the without a fix in the law in the way that we Nobis, JK Creative Printers before the Sub- Subcommittee on Finance and Hazardous all agree it needs to be done.’’—Testimony of committee on Finance and Hazardous Mate- Materials, September 22, 1999 Carol Browner, EPA Administrator, before rials, September 22, 1999 ‘‘Even those who paid their assessments the Water Resources and Environment Sub- ‘‘When examining the few sites that have can’t put the situation behind them . . . dif- committee, May 12, 1999 been cleaned up, the costs associated with ferent agencies could come after them for ‘‘We have tried to solve the problem of the such cleanups, coupled with the staggering additional money . . . ‘By paying, I thought little people from day one. The owner of the amount of money that has gone directly to we had closure, says Eldor Hadler, whose diner who sends mashed potatoes to the local lawyers’ coffers, it’s easy to see that the truck dealership was assessed $46,000. He re- dump should not have to worry about being fault and liability system currently in cently sold his business to his son and an- sued by large corporate polluters who are re- Superfund is flawed. Congress may have en- other partner . . . ‘There’s a dark cloud sponsible for the contamination of that site. visioned a system that would only catch the hanging over the business,’ he says, ‘They Innocent landowners, churches, Girl Scout few, large, intentional or irresponsible pol- could come back any time’.’’ troops, small storefront businesses should luters, however, the reality has been very ‘‘The fight continues for Greg Shierling not have to wonder if they will find them- different. . . . He was in grade school in the ’60s and selves brought into the Superfund net by . . . The effect of the current liability sys- ’70s when his parents hired [a trash disposal large corporate polluters. tem is permeating all segments of the small company] to take away the garbage from ‘‘Unfortunately, this is what happens; this business community. No issue in this very their McDonald’s . . . Shierling took over is what has happened; and this is what will complex public policy debate will have a the business from his parents in 1996 and was continue to happen if we don’t rewrite this more direct impact on the present and future dumbfounded when he got the letter from law. It is a tragedy. It is wrong. It is a flaw economic viability of many small businesses the EPA in 1999 telling him he was a polluter in the current law. We have to fix it.’’—Tes- . . . There isn’t one segment whether it be a to the tune of $65,000. Shock turned to defi- timony of Carol Browner, EPA Adminis- retail store, a professional service business, ance, and he’s refusing to settle—even trator, before the Water Resources and Envi- or a construction business that has not been though the feds reduced his fine to $47,000. ronment Subcommittee, October 29, 1997 touched.’’—Statement for the Record by Na- Meanwhile, Shierling is paying $4,000 a tional Federation of Independent Business Environmentalists month in legal bills and faces a six figure (NFIB), for the Subcommittee on Superfund, ‘‘It is inefficient to sue a bunch of compa- judgement if he loses. He has been forced to Waste Control & Risk Assessment, Senate nies that will clearly be unable to make any lay off two longtime employees, and says his Committee on the Environment and Public significant contribution to cleanup costs; parents are drawing on their retirement Works, March 5, 1997 doing so merely increases transaction costs money to help him and his wife support their ‘‘I am a fourth party defendant in the Key- for all concerned without providing funds for two young children. Firing loyal workers stone Superfund lawsuit. I have been sued by actual cleanup, and leads to delays in deci- was one of the hardest things he’s ever had my friends and neighbors. Why did they do sionmaking.’’—Testimony of Karen Florini, to do, he says. He had written a prepared this? Upon the advice of attorneys bringing Senior Attorney, Environmental Defense script to help him maintain his composure, others into the suit, this was the only way Fund, before the Water Resources and Envi- but he says he burst into tears any way. Yet they could lessen the amount of their settle- ronmental Subcommittee, October 29, 1997 he refuses to buckle under. ‘‘I just couldn’t ments . . . I am being sued for $76,253.71... ‘‘We agree that many small businesses and feel good about saying, ‘I’m sorry, here’s This legal action has angered, depressed minimal waste contributors have been un- $47,000, I’m out’ . . .’’ and confused me . . . I obeyed, State, local fairly subjected to harassment under the ‘‘Many of those who settle still seethe and Federal regulations. Being forced to de- CERCLA statute. . . . We suggest an exemp- about the situation . . . Pat McClean . . . fend myself is a travesty of justice. Being tion for parties who only contributed house- was hit for $21,900. He says his trash con- forced to pay this settlement would be dev- hold-type wastes to sites, liability waivers sisted of chicken bones, potato peelings and astating to my business. Has anyone consid- for those who only sent tiny amounts of haz- soiled napkins. He thought about fighting, ered the effect on my employees and their ardous materials to a site—that is, de micro- but he was demoralized by a recent divorce. families. Has anyone considered the effect on mis contributors—and aggressive settle- McClean is a weekend biker who likens the our community? . . . What is the Superfund ments with parties who sent small amounts assessment to a shakedown. ‘Paying that law accomplishing? The attorneys are mak- of hazardous substances to a site but still $21,900 was like buying a brand new Harley, ing a fortune, small businesses are unfairly have some ability to pay toward cleanup— loading it up with chrome, and handing it burdened, and the contamination still isn’t this is, de minimis contributors.’’—Testi- over to the EPA’ he says.’’—From ‘‘Unin- cleaned up.’’—Statement of Barbara A. Wil- mony of Jacqueline Hamilton, Senior tended Victims’’ by Eric Berkman, Fortune liams, former owner, Sunny Ray Restaurant, Project Attorney, Natural Resources Defense Small Business, July/August 2000 Gettysburg, PA, before the Senate Com- Council, before the Water Resources and En- ‘‘Most of the cost contributed by our com- mittee on Environment and Public Works, vironment Subcommittee, April 10, 1997 panies to this site didn’t clean one ounce of April 23, 1996 ‘‘NWF also has heard the concerns of peo- the landfill . . . Of all the money spent, the ‘‘In October 1997, you and I were featured ple who only have tangential ties to a Super- attorneys received the most . . . It has been in a ‘60 Minutes’ segment on how the Super- fund site. These mom and pop entities, often reported in our local newspaper that the fund law unfairly victimizes small-business September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8127 owers. Since that time you have moved to mental laws should not be excused Do you know why it was brought into Washington and I have sold my business. from liability, and I believe we should the scheme? Because of one toll ticket. While I congratulate you on your recent ap- make certain this bill does not produce I have heard from the environmental pointment as the number two official at the such results. community. Let me tell you what the U.S. Environmental Protection Agency, I The attorney general fears that have not been as fortunate. The sale of my NRDC said: ‘‘We suggest an exemption business (Sunny Ray Restaurant) was ham- ‘‘hundreds of millions of dollars in for parties who only contributed house- pered by the liability forced upon me by the costs would be shifted from responsible hold-type waste to sites, liability waiv- Superfund law. I remain personally liable in parties to the State and Federal tax- ers for those who only sent tiny the ongoing litigation related to the Key- payers.’’ I am very concerned about amounts of hazardous materials to a stone Landfill Superfund site. While you and these statements, especially coming site, that is, de micromis contributors, I have publicly agreed that this is a gross from the primary enforcing authority and aggressive settlements with par- miscarriage of justice, the law remains un- of our environmental laws in New ties who sent small amounts of haz- changed . . . It will soon be five years since York. I was brought into this lawsuit. Isn’t it time ardous substances to a site, but still Mr. Speaker, at the risk of sounding have some ability to pay toward clean- for it to end? Please . . . —Letter from Bar- like a broken record, I will once again bara A. Williams to Michael McCabe, Deputy up, that is de minimis contributors.’’ Administrator of EPA, August 24, 2000. reach out to my colleagues and ask That is what the environmental com- that we work together in a bipartisan Mr. Speaker, I reserve the balance of munity said. I agreed with them then; and consensus fashion to craft a bill my time. I agree with them now. Mr. TOWNS. Mr. Speaker, I yield my- that is truly noncontroversial and ripe Administrator Browner, here is what self 3 minutes. for consideration on the suspension she said last year: ‘‘If you are a small Mr. Speaker, I rise in strong opposi- calendar. Unfortunately, this bill is business, if you sent garbage, like the tion to this bill. In this body, we nor- not. stuff you and I put out every Monday Mr. OXLEY. Mr. Speaker, I am mally consider noncontroversial bills evening,’’ it is Wednesday with me, pleased to yield 41⁄2 minutes to the gen- on the suspension calendar. Let me as- ‘‘for the garbage company to pick up, tleman from New York (Mr. BOEH- sure you, there is a lot of controversy you should never hear the word Super- LERT), who has been such a leader on around this bill, as well as confusion fund. I think there is not a person up this critical issue. here who does not agree with that.’’ So and even misrepresentation associated (Mr. BOEHLERT asked and was given said Administrator Browner. I agreed with the bill. permission to revise and extend his re- I have letters from the administrator with her then; I agree with her now. marks.) Let me tell you, I feel particularly of the Environmental Protection Agen- Mr. BOEHLERT. Mr. Speaker, H.R. cy, the Business Roundtable, the New 5175 will end Superfund litigation for close to the environmental community. York Attorney General and various en- the overwhelming number of small I am proud of that affiliation. The Si- vironmental groups opposing this bill. businesses across America. That is erra Club and the League of Conserva- Mr. Speaker, there is opposition to what we are here about. tion Voters, sent a letter on the 21st of this bill; yet the proponents of this bill As most of my colleagues know, I am September outlining some concerns. I would have you believe otherwise. I a very strong proponent of Superfund would like to be responsive to their suppose anyone could get confused, reform. Superfund remains a program concerns, because I think that they are since many of us on both sides of the with flaws, flaws that need to be cor- responsible organizations for the most aisle have agreed for years that clari- rected. This is not to say that changes part. fication of Superfund liability for have not been made, adjustments have First the LCV letter sent on the 21st small businesses and small contribu- not been made, that some progress has of September claims that H.R. 5175, as tors to the cost of cleanup is a mutu- not been made; but we need to correct introduced, could relieve liability for ally desirable goal. However, while we the flaws, and exempting small busi- more than small businesses because it may have widespread agreement on the ness is one of the most glaring flaws in did not specify that the employees and goal, we certainly do not have agree- the whole bill. revenues of the parent corporations or ment on H.R. 5175. My Subcommittee on Water Re- subsidiaries or affiliates are considered As my colleagues know, I have been a sources and Environment have held 13 when determining whether a business proponent of Superfund reform. Despite hearings on the Superfund program. I is small. That is a legitimate concern. my often-stated willingness to work on have heard from dozens of witnesses The authors of H.R. 5175 never intended this issue, my colleagues introduced from small businesses one horror story to include parents or the big guys. In H.R. 5175 without any discussion with after another. Let me give you an ex- short, the problem is fixed by this bill. this side and did not follow the normal ample. Second, the LCV letter addresses committee process for consideration of Mr. Lefelar testified before us. He other concerns that LCV has in the let- legislation. This bill was already owns Clifton Adhesive. He was brought ter. Let me report that the gentleman scheduled for consideration on this sus- into litigation in the GEMS Superfund from Ohio (Mr. OXLEY) and I with our pension calendar when my staff was case in New Jersey because his com- Democrat colleagues, on a bipartisan first invited to provide our concerns pany’s name was written on a ticket basis, addressed those concerns and re- about the bill. for a toll bridge that a waste hauler mediated them. Unfortunately, the proponents of the had in his records. That was it, one toll It is time to get the small businesses bill have chosen to ignore some of our bridge ticket from 1974. He had no all across America out of this litiga- most significant concerns, as well as records from 1974 to prove that he did tion quagmire. It just is not fair to our suggestions to postpone floor con- not send waste to the GEMS site, so he them, and it is not fair to us to argue sideration in order to continue our dis- was stuck in litigation for 8 years and on this floor about policy supposedly, cussion. We want to work with you, but spent $450,000 in legal fees. when it is really politics below the sur- you must give us an opportunity to do Here is what he told the committee: face that is driving the opposition. so. ‘‘The pressure was unbelievable for me. Mr. TOWNS. Mr. Speaker, I yield 31⁄4 Given this rush, this closed-door, Hundreds of thousands of dollars were minutes to the gentleman from Penn- back-door, whatever process they use, I being mentioned, possible litigation sylvania (Mr. BORSKI). am not surprised that there are mis- personally, lifetime personal assets (Mr. BORSKI asked and was given takes and problems with this bill. New were at risk, loss of home. I was really permission to revise and extend his re- York Attorney General Spitzer, whom becoming desperate at this time. About marks.) I have great respect for, writes that 3 years into this suit, I had to take a Mr. BORSKI. Mr. Speaker, I thank ‘‘many companies and individuals who look at how much more money we the gentleman for yielding me time. knowingly violated hazardous waste could expend, and we were teetering, Mr. Speaker, I rise in opposition to laws would receive exemptions from li- actually, it drove us to teetering on H.R. 5175, the Small Business Liability ability.’’ the brink of bankruptcy, and here is a Relief Act. For years now, Members on I agree with the attorney general company that had been operating since both sides of the aisle and the adminis- that deliberate violators of environ- 1945.’’ tration have been talking about taking H8128 CONGRESSIONAL RECORD — HOUSE September 26, 2000 certain individuals and truly small would remain on today’s suspension Charleston, West Virginia; Hominy, businesses out of the Superfund debate. calendar. This is not a way to draft leg- Oklahoma; Browning, Montana. Since 1994, there has been little dis- islation on a subject that, at least in Mr. Speaker, I say to my colleagues agreement that people who sent gar- concept, could have the support of all that their time will come. Their small bage to a landfill were unintended tar- the principal parties involved in the businesses will be hit by this litigation gets of the Superfund law. The ques- Superfund debate. Also, this is not the nightmare and they will close their tion has not been whether we should way the issues are traditionally han- doors to pay their fees. For this reason provide liability relief. The question dled by the Committee on Transpor- I ask this House to support H.R. 5175 has always been how, and, secondly, tation and Infrastructure. and provide relief for the ‘‘Mom and who should be eligible. Despite major disagreements on Pop’’ businesses across this Nation. On the Committee on Transportation issues, including Superfund reform, Mr. TOWNS. Mr. Speaker, I yield 3 and Infrastructure under the leadership under the leadership of our chairman, minutes to the gentleman from Michi- of our subcommittee chairman, the the gentleman from Pennsylvania (Mr. gan (Mr. DINGELL). gentleman from New York (Mr. BOEH- SHUSTER), and our ranking member, (Mr. DINGELL asked and was given LERT), we worked to resolve this issue the gentleman from Minnesota (Mr. permission to revise and extend his re- marks.) in what we believed was a fair and eq- OBERSTAR), we have been able to bridge Mr. DINGELL. Mr. Speaker, I rise in uitable solution to the problems of the gap and work together in drafting strong opposition to this bill. It was small business liability under Super- good, bipartisan legislation. It has been only introduced 10 days ago. Copies of fund. this commitment to work together the legislation have never been made This agreement was included in the that has made our committee effective available to the minority, because the legislation that was approved by our in reaching consensus on difficult bill has been changed significantly be- committee last summer with over- issues. That has not been the case with tween the time it was introduced and whelmingly bipartisan support. Unfor- this legislation. between the time that we are now con- tunately, no further action has oc- Mr. Speaker, I urge a no vote on this curred on that bill. sidering it. bill. No hearings have been heard. No one Mr. Speaker, that agreement is not Mr. OXLEY. Mr. Speaker, I yield 2 has been able to comment efficiently represented in this legislation. In their minutes to the gentleman from Illinois on this. There have been no comments zeal to pass smaller pieces of the (Mr. SHIMKUS). requested from the administration or broader Superfund reforms, the pro- (Mr. SHIMKUS asked and was given any other interested parties. ponents of this legislation have chosen permission to revise and extend his re- Now, I, like my colleagues on this instead to grant a blanket absolution marks.) side of the aisle, favor proper legisla- for many small businesses from Super- Mr. SHIMKUS. Mr. Speaker, my citi- tion that would establish an exemption fund liability, effectively tying the zens and colleagues and friends in from Superfund liability for any person hands of government in its efforts to Quincy, Illinois, will not believe this or company, large or small, if they prosecute the polluters and shifting the debate, because I want to share with could establish that they sent only a cost of cleanup to the other parties at you the story that they have been small amount of toxic waste to a site. a site. through. We have followed established prece- This bill would turn U.S. jurispru- Nearly 8 years after the landfill dents and put the burden on persons dence relating to Superfund on its head closed, the city landfill in Quincy, Illi- who had the facts and records available by shifting the burden of proof from nois, the site was placed on the Super- to show that the toxic waste they sent the party seeking the exemption from fund National Priorities list and the was less than a threshold amount. That liability to the Federal Government. EPA began working with the city and is the proper way. That is how it Under this bill, the government would several large waste contributors to should be done. have the burden of establishing that a clean up the site. In short, then, the person seeking the small business was not entitled to ex- This is where the proposed order benefit from that exemption must dem- emption because it shipped more than comes into play. Superfund allows EPA onstrate that he or she qualifies for the an allowable amount of toxic waste. and other potential responsible parties exemption. That is how it should be for Remember, this is toxic waste, not to seek contributions from innocent toxic waste such as dioxins, PCBs, and harmless trash. small businesses to pay for the clean- other noxious and harmful materials. If the government cannot meet this up. The legislation before us, unseen, un- burden, the small business would be ex- heard by any committee of this body, b 1715 empt from liability, regardless of how turns legal precedents on their head. It toxic the materials they sent for dis- In Quincy that equals $3 million from creates incentive for businesses or enti- posal or the threat to human health 159 small businesses averaging $160,000 ties to destroy or lose records, or to en- and the environment from their ac- per business. The EPA asked Quincy gage in other rascality, to achieve a tions. bowling alleys, dairy farms and family- preference at the expense of all of the The government’s burden under this owned restaurants to pay as much as American people. As a result, the other legislation is made even more difficult $160,000 per business, despite the fact parties at the site, the State or the because the information that the Envi- that these businesses did nothing Federal Government, would have to ronmental Protection Agency or the wrong. bear clean-up costs under this legisla- Department of Justice would need to For some small businesses, the tion, whether the person who was get- meet this burden is held by the small amounts they are being asked to pay ting the exemption on the basis of a business, with little incentive for those will mean the difference between burden imposed upon the Federal Gov- who would otherwise be liable to turn breaking even or losing money. Simply ernment has achieved a relief from the over such information to the govern- put, the current law is costing hard- requirements of law. ment. working American citizens their jobs This is, I think, why the Business Mr. Speaker, providing liability re- and their livelihood. Roundtable, the Justice Department, lief for small business should not be a Quincy, Illinois and Gettysburg, the Environmental Protection Agency, partisan issue. Pennsylvania, have been two Super- the entire environmental community Unfortunately, this legislation was fund sites that we find in the media. and the New York Attorney General developed and drafted without the par- However, those two litigation night- have written in opposition to this leg- ticipation of Democratic leadership of mares could happen in any of these islation. They know that it is neither either the Committee on Transpor- Superfund landfills across the United fair nor proper and they know that it tation and Infrastructure or the Com- States: has not been properly heard by any mittee on Commerce. In fact, the only Boaz, Alabama; Alviso, California; committee of the Congress, and no per- bipartisan conversations scheduled on Bridgeton, Missouri; Ackerman, Mis- son has been invited to appear here be- this bill were under the condition that, sissippi; Texas City, Texas; Jackson- fore us to tell us the facts with regard regardless of the outcome, the bill ville, Florida; Wheatcroft, Kentucky; to this legislation. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8129 The legislation is not the legislation title: Small Business Liability Relief. It is needless business pressures like which was introduced. The only thing But it is nothing other than a wolf in this that cause undue pain and hard- that has been presented to the minor- sheep’s clothing. ship for small business. Furthermore, ity is this curious document, which is It relieves large businesses of the re- victimizing small business is not going not the document which is before us, sponsibility for cleanup of toxic wastes to speed the cleanup of Superfund sites. but which is somewhat changed. This is such as dioxin, PCBs, nerve gas, by This bill will put an end to the cur- the way in which we achieve a bad rep- simply letting them include those sub- rent Superfund philosophy that treats utation for this body, by bringing legis- stances in their trash. That is an egre- small business owners as ‘‘guilty until lation to this Congress which is not gious circumvention of the Superfund they prove themselves innocent.’’ H.R. properly heard and without proper op- law. 5175 ensures that small business owners portunity for consultation or careful It puts at risk the health and welfare are considered innocent until it can be consideration. of the public in order to give oil, chem- proven they are liable. Furthermore, Mr. Speaker, as I mentioned, it is op- ical and other industries a windfall this legislation limits frivolous law- posed by almost everyone who has had benefit. Our Committee on Transpor- suits. A small business’ legal fees can the opportunity to view it: The League tation and Infrastructure worked for 6 be recovered if a small business is of Conservation Voters, the Business years to develop a bipartisan bill that wrongly accused of contributing to a Roundtable, the U.S. Environmental could have broad support. We reported Superfund site. Protection Agency, the U.S. Depart- that bill out by a vote of 69 to 2. It may In the end, H.R. 5175 fairly shifts the ment of Justice, the Attorney General not be perfect, but it reflects good faith burden of proof, discourages abusive of the State of New York, the Sierra and hard work. This bill does not. litigation, and finally focuses resources Club, the Natural Resources Defense Our bill addressed responsible liabil- on the actual cleanup of toxic sites. Council, Clean Water Action, Friends ity relief for small businesses and Granted, broader Superfund reform is of the Earth, Environmental Defense makes the liability system more flexi- sorely needed. But small business li- all oppose this, both because of the pro- ble and fair for all parties. This bill ability relief simply cannot wait any cedure and because of the unfair and does not. The key element of our bill longer. improper substance. was that it was paid for. It called for The Environmental Protection Agen- Mr. OXLEY. Mr. Speaker, I yield 3 the reinstatement of Superfund taxes, cy has said on a number of occasions minutes to the gentleman from Penn- guaranteeing cleanup for the next 8 that it supports efforts that will fix the sylvania (Mr. GOODLING), who has a years. This bill creates a favored class Superfund law so it targets real pol- very interesting and poignant story of businesses, absolves them of liabil- luters and not innocent small busi- about the problems of Superfund. ity, and leaves it up to taxpayers and nesses. The delicate fabric compromise (Mr. GOODLING asked and was given other parties to pick up the tab. between the industry and environ- permission to revise and extend his re- Since the Superfund taxes expired in mentalists have helped advance the bi- marks.) 1995, oil, chemical and other industries partisan Small Business Liability Re- Mr. GOODLING. Mr. Speaker, I just have enjoyed a $4 million a day tax lief Act, further paving the way to want to say to my colleagues that I break, a tax holiday from the refusal to common ground. hope none will ever have to go through reinstate taxes to pay for Superfund All of this being said, with the meth- what I have gone through during the cleanups. They have saved over $6 bil- ods that we have gotten here today, I last 8 years, I have had to sit there idly lion. As the gentleman from Ohio has support this consensus legislation that because there was nothing I could do said, enough indeed is enough. has been enthusiastically endorsed by and watch 700 small businesses lose Mr. Speaker, the majority’s refusal the National Federation of Independent their livelihood. Why did they lose to reinstate Superfund taxes is shifting Business in order to help rescue inno- their livelihood? For doing exactly the cost of cleanup on to the taxpayer cent small businesses from the Super- what the State and local government and States who are footing that bill. fund liability trap. With so many said they had to do with their waste: This year alone half of the nearly $1.5 points of consensus covered under H.R. Put it in the landfill. billion in Superfund costs was taken 5175 and strong bipartisan support, I The restaurants put the same thing from general revenues. We are bor- am hopeful that my fellow colleagues in the landfill that my colleagues and I rowing from the future, our surplus, in will join me in passing this measure, put in the landfill every day. The order to provide a $4 million a day tax marking an end to this unfair system wastes from our tables. But yet they break for America’s biggest polluters. and freeing small business owners from have had to go out of business. Why? That is wrong. unnecessary liability. They have had to pay lawyers day after We ought to be addressing all of Su- Mr. TOWNS. Mr. Speaker, I yield 2 day after day. They got swept into this perfund’s needs instead of this flawed minutes to the gentleman from Michi- because the biggies, first of all, the legislation. We ought to vote ‘‘no’’ on gan (Mr. STUPAK.) owner decided that he would get the this bad bill. (Mr. STUPAK asked and was given next eight. And the next eight big con- Mr. OXLEY. Mr. Speaker, could I in- permission to revise and extend his re- tributors to the landfill decided they quire as to the time remaining? marks.) will get the other 700, who had to do The SPEAKER pro tempore (Mr. Mr. STUPAK. Mr. Speaker, I rise in exactly what they did. ISAKSON). The gentleman from Ohio opposition to this bill. As a Member So I would hope that this legislation, (Mr. OXLEY) has 7 minutes remaining, who sits on the Committee on Com- which will not help my people, it is too and the gentleman from New York (Mr. merce, I have expressed interest during late for my people, but I sure hope that TOWNS) has 8 minutes remaining. numerous committee hearings in clari- none of my colleagues will have to go Mr. OXLEY. Mr. Speaker, I yield 2 fying the liability for small businesses through what I have had to go through minutes to the gentleman from Texas under Superfund law. during the last 8 years watching 700 (Mr. STENHOLM). In 1997, I introduced H.R. 2485, along small businesses being put out of busi- (Mr. STENHOLM asked and was with the gentleman from Pennsylvania ness simply because they did what they given permission to revise and extend (Mr. GOODLING), the gentleman from were instructed to do and what the law his remarks.) Colorado (Mr. HEFLEY), and Mr. told them they had to do. Mr. STENHOLM. Mr. Speaker, I rise McHale. In 1999, I introduced H.R. 2940. Mr. TOWNS. Mr. Speaker, I yield 3 in support of this good bill developed Both of these bills contained provisions minutes to the gentleman from Min- under a less-than-perfect process for a that clarify liability for small busi- nesota (Mr. OBERSTAR). much, much-needed solution. Much- nesses. Both of these bills would have Mr. OBERSTAR. Mr. Speaker, I needed relief to individuals, families, provided the relief for Barbara Wil- thank the gentleman from New York and small businesses that have been liams of the Keystone Landfill, as well (Mr. TOWNS) for yielding me this time. unfairly trapped in the litigation as other similarly situated small busi- Mr. Speaker, this is a bad bill devel- nightmare of the Superfund program nesses. But for years these bills have oped through a bad process, and ought for the crime of sending ordinary gar- languished while my majority col- to be badly defeated. It has a disarming bage to their local landfill. leagues held small business hostage to H8130 CONGRESSIONAL RECORD — HOUSE September 26, 2000 large, cumbersome, and very con- tunately will make the majority, when possible triple. That is the 1–7–10 split troversial Superfund bills. the vote is taken, who are concen- in bowling. Now in the closing days of this ses- trating on shaping responsible public My colleagues cannot get the Busi- sion, and coincidentally close to the policy, because we are convinced in the ness Roundtable and the environ- elections, my majority colleagues have final analysis that Republicans and mentalists opposed to a bill; it is im- introduced and simultaneously sched- Democrats alike will gain from shaping possible. What my colleagues have uled this bill for floor action. Yes, we public policy in a responsible way. done is created a toxic combination of have had hearings on various Super- Mr. Speaker, I would suggest that ex- bad policy and bad procedures which fund bills in committee, but we have empting small businesses under very contaminate the House procedures, the not ever examined this bill. We have strict conditions is responsible public whole House, because Democrats are never had a hearing. We have never had policy. Guess what? That is what the not allowed in the room. a markup. administration says it wants to do; Mr. Speaker, the only way to clean In fact, even since it’s introduction that is what the administrator of EPA up the mess is to defeat the bill out 10 days ago, this bill has been a moving says what it wants to do; that is what here on the House floor this evening. target. Late last night, the NFIB was environmental groups want to do; that Mr. TOWNS. Mr. Speaker, I yield 2 calling committee staff proposing addi- is what we want to do; and that is what minutes to the gentlewoman from Col- tional changes to the bill, yet they re- my colleagues should want to do. orado (Ms. DEGETTE). fused to postpone the vote on this bill This is responsible action to deal Ms. DEGETTE. Mr. Speaker, let us be even for a week so that discussions with a very legitimate problem in a real here. We are not talking about could take place and Members could be very responsible way. people who send their mashed potatoes informed. Mr. TOWNS. Mr. Speaker, I yield 2 or their parking stubs to a garbage Mr. Speaker, unfortunately, we have minutes to the gentleman from Massa- site. Everyone in this room and every- a product today that none of us are fa- chusetts (Mr. MARKEY). one in the Congress shares the same miliar with and that is opposed by the Mr. MARKEY. Mr. Speaker, first of goal, of giving relief to bona fide small administration, majority environ- all, there have been a lot of hearings on businesses who are unfairly targeted in mental groups like Clean Water Ac- Superfund; there have been a lot of Superfund cleanups. tion, the Association of Trial Lawyers hearings on a lot of issues. We admit Mr. Speaker, in fact, as we have of America, and the Business Round- that. There just have not been any heard, there are several excellent bills table. hearings on this bill. Nobody has any pending which would achieve this goal, I ask my colleagues are we playing idea what is in this bill. This is a little but this bill is filled with corporate politics or are we serious about enact- process put together, a secret process. loopholes big enough to drive a fleet of ing a public law that effectuates good We were not told that there were going garbage trucks through. It is naive to public policy? Let us at least have a to be meetings. We had no ideas which think that by slapping the small busi- chance to review the bill. Democrats rooms to go to. So the Democrats were ness label on this title of legislation would like to have a bill to give greater not allowed in the room. So it is their Congress would pass a bill that fails to relief for small businesses, the Amer- own bill. provide real Superfund reform and ican Legion, and any other innocent There were no hearings on it. They jeopardizes toxic waste cleanup. contributor to a landfill. But we must do not want to have this bill to have to Mr. Speaker, I hope the Members see reject this bill as it is being brought to withstand the scrutiny of public exam- through this and work to pass legisla- the floor today. ination, so they just bring it in here tion that will protect individuals and Mr. Speaker, I urge my colleagues to today and they say they support taking communities, not corporate interests. vote ‘‘no’’ on this bill. care of small businesses. Well, we all This legislation, first of all, applies to Mr. OXLEY. Mr. Speaker, I yield 2 support taking care of small busi- businesses of 100 employees without minutes to the gentleman from New nesses, we do. That is not the debate consideration of affiliation and not York (Mr. BOEHLERT). here. true small businesses whose contribu- Mr. BOEHLERT. Mr. Speaker, it has The real issue is, by reforming Super- tions to the site are small and the been said several times on the floor fund, by passing this bill, it is a lot costs of cleanup not significant. that we have had no hearings. That is like losing weight by swallowing a This bill also reverses years of U.S. absolutely ludicrous. Year after year in tapeworm. Yeah, you will get the de- jurisprudence by shifting the burden the Committee on Commerce and in sired results, but you are going to have for the potential wrongdoing from the the Committee on Transportation and a host of additional problems as well. wrongdoer to the government. Infrastructure, we have had hearings. My colleagues are not willing to let ev- Mr. Speaker, this big business give- Extensive hearings. Hours and hours erybody here talk about it in public. away is likely to span new litigation and hours and hours of hearings. Doz- Let me go down a few of the things and reopen long-closed Superfund cases ens of witnesses, one after another. that are wrong with it in our cursory in an attempt to absolve big business And all from the small business com- examination of it. The idea is to get of its responsibility to clean up the munity have said the same thing re- these small companies out of the clean- toxic messes that it created. It creates peatedly: Get us out of this litigation up process who have only contributed a incentives for corporate cover-ups so quagmire. It just is not fair. small amount of toxic waste, but the that businesses can hide their responsi- We are talking about somebody from problem with the bill is, they put the bility and avoid paying to clean up the Pennsylvania being in the litigation burden on the States and on the Fed- contamination. Let us really get seri- scheme because she sent mashed pota- eral Government. They do not have the ous here. toes to a landfill. We are talking about records. The little companies do. It is time to pass real Superfund re- someone in New York, a small busi- The little companies should come in form that protects true small busi- ness, being in this litigation quagmire with the records to get themselves out nesses and communities by assuring because the small business sent an of trouble; otherwise we are not going that responsible parties clean up their empty pizza box to the landfill. to know if some of these little compa- toxic waste. Vote no on H.R. 5175. nies did some bad things, but at least Mr. TOWNS. Mr. Speaker, I yield b 1730 they should have the responsibility of such time as he may consume to the That is absolutely scandalous. What bringing all of the information in. gentleman from New York (Mr. ENGEL). this is all about, when all is said and As well it is going to spawn more liti- (Mr. ENGEL asked and was given done, it is about pure politics trying to gation, rather than less, because it re- permission to revise and extend his re- trump responsible public policy. opens already decided administrative marks.) There are those fortunately in the hearings. By the way, my colleagues Mr. ENGEL. Mr. Speaker, I rise in minority in numbers who do not want have done an amazing job. My col- opposition to the bill as a member of this Congress to do anything construc- leagues have the EPA and the environ- the Committee on Commerce. I am tive this close to legislation. There are mental groups and the Business Round- outraged that we were not able to have those of us from both parties who for- table all opposed to it. That is an im- any kind of hearings. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8131 Mr. Speaker, I am disturbed that we are right. I think when we look at the fact ernment, not on some innocent, small here today to vote on H.R. 5175, the Small that the Physicians for Social Respon- business man who is trying to make a Business Liability Relief Act. I serve on the sibility, they are against this. The living who is sending chicken bones to Commerce Committee and the relevant sub- United States Public Interest Research the dump. committee and I have not seen this bill in a Group, they are against it. And, of My friend, the gentleman from Min- mark-up as of yet. We all want liability relief course, Friends of the Earth and we nesota (Mr. OBERSTAR), talked about for small businesses. No one wants to burden can go on and on, Environmental De- an interesting theory that somehow a small business with the tumultuous process of fense and Clean Water Act Action, they small business man would mix dioxins determining responsible parties of a haz- are all against it in the Sierra Club, with the chicken bones to make some ardous waste site. and the list goes on and on and on. I do kind of salad to send to the dump. How The bill before us addresses some real con- not think that we should do this this preposterous is that? In fact, the bur- cerns but we have not had the time to delib- kind of way. den of proof even under his proposal erate some of the more contentious issues. I mean, why should we do it in a would be on the small businessman to The bill provides blanket immunity for busi- closed-door kind of thing? Why do we show that he did not do that. It gives nesses under 100 employees. These are not open up the process and let us de- us an idea about where we have come hardly small businesses and in some cases liberate it and see if we cannot come in this debate. these companies could be the main polluter. out with something that is really going This is a bipartisan piece of legisla- In fact, the ambiguous language creates loop- to make a difference. I hope that my tion. We have a number of Members on holes that would effectually exempt large busi- colleagues would look at that; and then here from the other side of the aisle, nesses from paying their share for polluting a if not, then I will ask our friends who the gentleman from Michigan (Mr. particular site. It puts the burden back on tax- are concerned about small businesses BARCIA), the gentleman from Alabama payers to cover cleanup costs. The EPA, op- to vote no. This is not it. (Mr. CRAMER), the gentleman from poses the bill, the New York Attorney General Mr. OXLEY. Mr. Speaker, I yield my- Pennsylvania (Mr. HOLDEN), the gen- opposes the bill, and I oppose the bill and self such time as I may consume. tleman from Texas (Mr. STENHOLM), urge my colleagues to vote no on H.R. 5175. Mr. Speaker, let me thank the gen- the gentleman from California (Mr. Mr. TOWNS. Mr. Speaker, I yield 1 tleman for the way you have conducted CONDIT), the gentleman from Illinois minute to the gentleman from New this debate, and I appreciate my (Mr. LIPINSKI), the gentleman from In- York (Mr. HINCHEY). friends on the other side of the aisle. diana (Mr. ROEMER), the gentleman Mr. HINCHEY. Mr. Speaker, let me Let me, first of all say, this issue to from Mississippi (Mr. SHOWS), the gen- address one of the consequences of this the Members on the Committee on tleman from California (Mr. BACA), the bill, which I hope is unintended but Transportation and Infrastructure and gentlewoman from Missouri (Ms. DAN- would nevertheless occur. Many of the to the Committee on Commerce is not NER), the gentleman from Texas (Mr. hazardous waste sites in New York, for a new issue. Lord, we have had hun- TURNER), the gentleman from Georgia example, and in many other States par- dreds of witnesses, scores of hearings, (Mr. BISHOP), the gentleman from ticularly up and down the Eastern Sea- discussions about this. North Carolina (Mr. MCINTYRE), and board, were caused or created in whole We have had a bipartisan effort on the gentleman from Texas (Mr. or in part by small business which are many occasions, many of the provi- SANDLIN) all responding to small busi- nevertheless controlled by organized sions that were in H.R. 2580 and H.R. ness concerns in their particular con- crime. We have organized crime dump- 1300. Bills that passed both the Com- gressional districts that have told ers who have been responsible for most mittee on Transportation and Infra- them they are getting tired of getting of the toxic waste dump sites in the structure and to the Committee on ripped off by Superfund, they are get- State of New York and in a number of Commerce are part and parcel of this ting tired off being ripping off by a pro- other places up and down the Eastern small business bill, and I would not be gram that does not work and costs Seaboard. here today if we had not been frus- them money and threatens to put them This legislation I hope unintention- trated by the fact that we are not able out of work. I think that is a shame. ally would exempt those organized to get a comprehensive Superfund re- Mr. Speaker, we have an opportunity crime cartels who are in many cases form bill passed. to strike a blow for small business. Let the sources of the contamination and But in the meantime, the small busi- me remind the Members, both here and who are in almost all cases at least ness owners, the people who suffer, the listening and watching on television, substantially in part responsible for Barbara Williams in Gettysburg, Penn- this is an NFIB key vote, NFIB key transporting the waste from its places sylvania, sued for $56,000 for sending vote. That is, how Members vote on of origin to its place of rest, at least chicken bones to the local dump, to the this legislation will be determined by temporary rest, in these toxic and haz- Keystone Dump. Those are the people all of the small businesses in your par- ardous waste dump sites. that are suffering day after day after ticular districts. I would ask that they This is a bad bill. It is bad and these day. pay attention to that and understand bad provisions are there, largely be- There is not an individual that was this is critical to the small business cause it has not had the opportunity to on the Committee on Transportation survival. Let us not make Superfund be examined and to be seen in its true and Infrastructure or the Committee the enemy of small business. Let us, light. So let us see it for what it is and on Commerce that can stand here and Congress, step ahead and save the day defeat it because of what it is. say with any certainty that they did on Superfund reform as it relates to Mr. TOWNS. Mr. Speaker, I yield my- not know what was in this bill or we small business. self 1 minute. have not discussed this bill, time and Mr. BLUMENAUER. Mr. Speaker, my goal Mr. Speaker, let me say there is no time again in this Congress and any in serving in Congress is to promote commu- question about it that we have not seen other Congress. nities that are more livable. We are not going this bill on this side of the aisle; and, I understand when my colleagues do to achieve that goal unless we make signifi- of course, if we ask the 435 Members of not have an argument on the sub- cant progress toward cleaning up our Super- this body have they seen it, I am cer- stance, my colleagues can talk about fund and Brownfield sites. For that reason, I tain that about 85 percent to 90 percent the process; but this process has been a have been a consistent supporter of Super- of them would say no, we have not seen good one. We have been working with fund and Brownfield legislation in the 106th it. So I think that to legislate in this the EPA over the last several weeks in Congress. fashion is not the way to go. trying to craft a bill; and, in fact, we Of all the Superfund and Brownfield bills, it This is a very serious issue, very seri- only got to one issue that was a crit- appeared that H.R. 1300 had the greatest ous matter; and when we look at the ical issue, that was a burden-of-proof chance for passage in the House. Despite sig- people that are against this legislation, issue. nificant bipartisan support, Senate leadership I think that is enough to bring about Apparently, my friends on the other has made it clear that H.R. 1300 will not move some kind of reservation and pause on side of the aisle cannot quite under- on their side. I am deeply disappointed that in- the other side of the aisle to say maybe stand that we think that the burden of stead of moving H.R. 1300 we are being we should stop at this point and do it proof ought to be on the Federal Gov- asked to vote on a controversial bill which I H8132 CONGRESSIONAL RECORD — HOUSE September 26, 2000 must oppose as will many of my colleagues. BEACHES ENVIRONMENTAL not later than 3 years after the date of enact- Hopefully in the next Congress we will be able AWARENESS, CLEANUP, AND ment of this subsection, shall complete, in co- to pass genuine Superfund and Brownfield HEALTH ACT OF 1999 operation with the heads of other Federal agen- cies, studies to provide additional information legislation. Mr. BOEHLERT. Mr. Speaker, I move for use in developing— Mr. BARCIA. Mr. Speaker, I rise today in to suspend the rules and concur in the ‘‘(1) an assessment of potential human health support of H.R. 5175, the Small Business Li- Senate amendment to the bill (H.R. risks resulting from exposure to pathogens in ability Relief Act which is important to the wel- 999) to amend the Federal Water Pollu- coastal recreation waters, including nongastro- fare of our nation's small businesses. tion Control Act to improve the qual- intestinal effects; H.R. 5175 is bipartisan legislation that will ‘‘(2) appropriate and effective indicators for ity of coastal recreation waters, and improving detection in a timely manner in coast- streamline the Superfund process by removing for other purposes. innocent small businesses from liability. I have al recreation waters of the presence of patho- The Clerk read as follows: gens that are harmful to human health; read this bill. I have looked at the language. Senate amendment: ‘‘(3) appropriate, accurate, expeditious, and It is specifically tailored so that the little guys Strike out all after the enacting clause and cost-effective methods (including predictive mod- in our districts will no longer be punished for insert: els) for detecting in a timely manner in coastal legally disposing of their household trash. It is SECTION 1. SHORT TITLE. recreation waters the presence of pathogens that written so that the government will finally be This Act may be cited as the ‘‘Beaches Envi- are harmful to human health; and able to bring justice to big polluters at Super- ronmental Assessment and Coastal Health Act ‘‘(4) guidance for State application of the cri- fund sites trying to shirk their responsibilities of 2000’’. teria for pathogens and pathogen indicators to be published under section 304(a)(9) to account for cleanup by suing your innocent small busi- SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA AND for the diversity of geographic and aquatic con- ness owners. The big polluters will pay and ditions.’’. they will have no excuses. STANDARDS BY STATES. Section 303 of the Federal Water Pollution (b) REVISED CRITERIA.—Section 304(a) of the I have in my office a stack of letters from Control Act (33 U.S.C. 1313) is amended by add- Federal Water Pollution Control Act (33 U.S.C. small business owners throughout my home ing at the end the following: 1314(a)) is amended by adding at the end the state of Michigan embroiled in the Superfund ‘‘(i) COASTAL RECREATION WATER QUALITY following: ‘‘(9) REVISED CRITERIA FOR COASTAL RECRE- process. For seven years, small business CRITERIA.— ATION WATERS.— owners in my district have complained to me ‘‘(1) ADOPTION BY STATES.— ‘‘(A) IN GENERAL.—Not later than 5 years ‘‘(A) INITIAL CRITERIA AND STANDARDS.—Not about the enormous costs their businesses after the date of enactment of this paragraph, later than 42 months after the date of enactment have incurred as a result of the flawed Super- after consultation and in cooperation with ap- of this subsection, each State having coastal fund system. For seven years, we have stood propriate Federal, State, tribal, and local offi- recreation waters shall adopt and submit to the cials (including local health officials), the Ad- on this floor and in committee rooms trying to Administrator water quality criteria and stand- ministrator shall publish new or revised water pass fair, bipartisan legislation that would get ards for the coastal recreation waters of the quality criteria for pathogens and pathogen in- them out, while still preserving the original in- State for those pathogens and pathogen indica- dicators (including a revised list of testing meth- tentions of the program. For seven years, we tors for which the Administrator has published ods, as appropriate), based on the results of the have failed. Today, we have a chance to suc- criteria under section 304(a). studies conducted under section 104(v), for the ‘‘(B) NEW OR REVISED CRITERIA AND STAND- ceed. A chance to finally remove innocent purpose of protecting human health in coastal small businesses from the process so we can ARDS.—Not later than 36 months after the date of publication by the Administrator of new or recreation waters. punish the big polluters and finally get these ‘‘(B) REVIEWS.—Not later than the date that revised water quality criteria under section is 5 years after the date of publication of water sites cleaned up. This bill is the best chance 304(a)(9), each State having coastal recreation quality criteria under this paragraph, and at we have to act as a bipartisan body to start waters shall adopt and submit to the Adminis- least once every 5 years thereafter, the Adminis- cleaning up the Superfund program. trator new or revised water quality standards trator shall review and, as necessary, revise the The time has come to do something to help for the coastal recreation waters of the State for water quality criteria.’’. innocent small business owners in your district all pathogens and pathogen indicators to which the new or revised water quality criteria are ap- SEC. 4. COASTAL RECREATION WATER QUALITY and mine, and the vehicle is here: H.R. 5175. MONITORING AND NOTIFICATION. plicable. Mr. SHUSTER. Mr. Speaker, I rise in strong Title IV of the Federal Water Pollution Con- ‘‘(2) FAILURE OF STATES TO ADOPT.— support for H.R. 5175, the Small Business Li- trol Act (33 U.S.C. 1341 et seq.) is amended by ‘‘(A) IN GENERAL.—If a State fails to adopt ability Relief Act. water quality criteria and standards in accord- adding at the end the following: Like most Members of Congress, I know ance with paragraph (1)(A) that are as protec- ‘‘SEC. 406. COASTAL RECREATION WATER QUAL- small businessmen in my district who have tive of human health as the criteria for patho- ITY MONITORING AND NOTIFICA- TION. been caught up in superfund litigation. It is ter- gens and pathogen indicators for coastal recre- ‘‘(a) MONITORING AND NOTIFICATION.— rible to see the toll it takes on the lives of ation waters published by the Administrator, ‘‘(1) IN GENERAL.—Not later than 18 months these individuals. They don't know if they will the Administrator shall promptly propose regu- after the date of enactment of this section, after lose their businesses, or even their homes. lations for the State setting forth revised or new consultation and in cooperation with appro- I would like to enact legislation that elimi- water quality standards for pathogens and priate Federal, State, tribal, and local officials nates superfund liability for everyone. But I pathogen indicators described in paragraph (including local health officials), and after pro- (1)(A) for coastal recreation waters of the State. recognize that disagreements remain about viding public notice and an opportunity for ‘‘(B) EXCEPTION.—If the Administrator pro- comment, the Administrator shall publish per- how to do that, and how to pay for it. poses regulations for a State described in sub- But if there is one thing all of us should be formance criteria for— paragraph (A) under subsection (c)(4)(B), the ‘‘(A) monitoring and assessment (including able to agree on, it is liability relief for small Administrator shall publish any revised or new specifying available methods for monitoring) of businesses that sent only 2 drums of waste or standard under this subsection not later than 42 coastal recreation waters adjacent to beaches or only ordinary garbage to a superfund site. months after the date of enactment of this sub- similar points of access that are used by the Congress never intended that these parties section. public for attainment of applicable water qual- be subject to superfund liability. ‘‘(3) APPLICABILITY.—Except as expressly pro- ity standards for pathogens and pathogen indi- Please vote ``yes'' on H.R. 5175. vided by this subsection, the requirements and cators; and procedures of subsection (c) apply to this sub- The SPEAKER pro tempore (Mr. ‘‘(B) the prompt notification of the public, section, including the requirement in subsection local governments, and the Administrator of any ISAKSON). The question is on the mo- (c)(2)(A) that the criteria protect public health tion offered by the gentleman from exceeding of or likelihood of exceeding applica- and welfare.’’. ble water quality standards for coastal recre- Ohio (Mr. OXLEY) that the House sus- SEC. 3. REVISIONS TO WATER QUALITY CRITERIA. ation waters described in subparagraph (A). pend the rules and pass the bill, H.R. (a) STUDIES CONCERNING PATHOGEN INDICA- ‘‘(2) LEVEL OF PROTECTION.—The performance 5175, as amended. TORS IN COASTAL RECREATION WATERS.—Section criteria referred to in paragraph (1) shall pro- The question was taken. 104 of the Federal Water Pollution Control Act vide that the activities described in subpara- Mr. TOWNS. Mr. Speaker, on that I (33 U.S.C. 1254) is amended by adding at the end graphs (A) and (B) of that paragraph shall be demand the yeas and nays. the following: carried out as necessary for the protection of The yeas and nays were ordered. ‘‘(v) STUDIES CONCERNING PATHOGEN INDICA- public health and safety. The SPEAKER pro tempore. Pursu- TORS IN COASTAL RECREATION WATERS.—Not ‘‘(b) PROGRAM DEVELOPMENT AND IMPLEMEN- later than 18 months after the date of enactment TATION GRANTS.— ant to clause 8 of rule XX and the of this subsection, after consultation and in co- ‘‘(1) IN GENERAL.—The Administrator may Chair’s prior announcement, further operation with appropriate Federal, State, trib- make grants to States and local governments to proceedings on this motion will be al, and local officials (including local health of- develop and implement programs for monitoring postponed. ficials), the Administrator shall initiate, and, and notification for coastal recreation waters September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8133

adjacent to beaches or similar points of access the State may delegate to local governments re- ‘‘(1) IN GENERAL.—Beginning not later than 18 that are used by the public. sponsibility for implementing the monitoring months after the date of publication of perform- ‘‘(2) LIMITATIONS.— and notification program; ance criteria under subsection (a), based on in- ‘‘(A) IN GENERAL.—The Administrator may ‘‘(3) the frequency and location of monitoring formation made available to the Administrator, award a grant to a State or a local government and assessment of coastal recreation waters the Administrator shall identify, and maintain a to implement a monitoring and notification pro- based on— list of, discrete coastal recreation waters adja- gram if— ‘‘(A) the periods of recreational use of the wa- cent to beaches or similar points of access that ‘‘(i) the program is consistent with the per- ters; are used by the public that— formance criteria published by the Adminis- ‘‘(B) the nature and extent of use during cer- ‘‘(A) specifies any waters described in this trator under subsection (a); tain periods; paragraph that are subject to a monitoring and ‘‘(ii) the State or local government prioritizes ‘‘(C) the proximity of the waters to known notification program consistent with the per- the use of grant funds for particular coastal point sources and nonpoint sources of pollution; formance criteria established under subsection recreation waters based on the use of the water and (a); and and the risk to human health presented by ‘‘(D) any effect of storm events on the waters; ‘‘(B) specifies any waters described in this pathogens or pathogen indicators; ‘‘(4)(A) the methods to be used for detecting paragraph for which there is no monitoring and ‘‘(iii) the State or local government makes levels of pathogens and pathogen indicators notification program (including waters for available to the Administrator the factors used that are harmful to human health; and which fiscal constraints will prevent the State to prioritize the use of funds under clause (ii); ‘‘(B) the assessment procedures for identifying or the Administrator from performing moni- ‘‘(iv) the State or local government provides a short-term increases in pathogens and pathogen toring and notification consistent with the per- list of discrete areas of coastal recreation waters indicators that are harmful to human health in formance criteria established under subsection that are subject to the program for monitoring coastal recreation waters (including increases in (a)). and notification for which the grant is provided relation to storm events); ‘‘(2) AVAILABILITY.—The Administrator shall that specifies any coastal recreation waters for ‘‘(5) measures for prompt communication of make the list described in paragraph (1) avail- which fiscal constraints will prevent consistency the occurrence, nature, location, pollutants in- able to the public through— with the performance criteria under subsection volved, and extent of any exceeding of, or likeli- ‘‘(A) publication in the Federal Register; and (a); and hood of exceeding, applicable water quality ‘‘(B) electronic media. ‘‘(v) the public is provided an opportunity to standards for pathogens and pathogen indica- ‘‘(3) UPDATES.—The Administrator shall up- review the program through a process that pro- tors to— date the list described in paragraph (1) periodi- vides for public notice and an opportunity for ‘‘(A) the Administrator, in such form as the cally as new information becomes available. comment. Administrator determines to be appropriate; and ‘‘(h) EPA IMPLEMENTATION.—In the case of a ‘‘(B) GRANTS TO LOCAL GOVERNMENTS.—The ‘‘(B) a designated official of a local govern- State that has no program for monitoring and Administrator may make a grant to a local gov- ment having jurisdiction over land adjoining the notification that is consistent with the perform- ernment under this subsection for implementa- coastal recreation waters for which the failure ance criteria published under subsection (a) tion of a monitoring and notification program to meet applicable standards is identified; after the last day of the 3-year period beginning only if, after the 1-year period beginning on the ‘‘(6) measures for the posting of signs at on the date on which the Administrator lists date of publication of performance criteria beaches or similar points of access, or function- waters in the State under subsection (g)(1)(B), under subsection (a)(1), the Administrator deter- ally equivalent communication measures that the Administrator shall conduct a monitoring mines that the State is not implementing a pro- are sufficient to give notice to the public that and notification program for the listed waters gram that meets the requirements of this sub- the coastal recreation waters are not meeting or based on a priority ranking established by the section, regardless of whether the State has re- are not expected to meet applicable water qual- Administrator using funds appropriated for ceived a grant under this subsection. ity standards for pathogens and pathogen indi- grants under subsection (i)— ‘‘(3) OTHER REQUIREMENTS.— cators; and ‘‘(1) to conduct monitoring and notification; ‘‘(A) REPORT.—A State recipient of a grant ‘‘(7) measures that inform the public of the and under this subsection shall submit to the Admin- potential risks associated with water contact ac- ‘‘(2) for related salaries, expenses, and travel. istrator, in such format and at such intervals as tivities in the coastal recreation waters that do ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— the Administrator determines to be appropriate, not meet applicable water quality standards. There is authorized to be appropriated for mak- a report that describes— ‘‘(d) FEDERAL AGENCY PROGRAMS.—Not later ing grants under subsection (b), including im- ‘‘(i) data collected as part of the program for than 3 years after the date of enactment of this plementation of monitoring and notification monitoring and notification as described in sub- section, each Federal agency that has jurisdic- programs by the Administrator under subsection section (c); and tion over coastal recreation waters adjacent to (h), $30,000,000 for each of fiscal years 2001 ‘‘(ii) actions taken to notify the public when beaches or similar points of access that are used through 2005.’’. water quality standards are exceeded. by the public shall develop and implement, SEC. 5. DEFINITIONS. ‘‘(B) DELEGATION.—A State recipient of a through a process that provides for public notice grant under this subsection shall identify each and an opportunity for comment, a monitoring Section 502 of the Federal Water Pollution local government to which the State has dele- and notification program for the coastal recre- Control Act (33 U.S.C. 1362) is amended by add- gated or intends to delegate responsibility for ation waters that— ing at the end the following: implementing a monitoring and notification pro- ‘‘(1) protects the public health and safety; ‘‘(21) COASTAL RECREATION WATERS.— ‘‘(A) IN GENERAL.—The term ‘coastal recre- gram consistent with the performance criteria ‘‘(2) is consistent with the performance cri- ation waters’ means— published under subsection (a) (including any teria published under subsection (a); ‘‘(i) the Great Lakes; and coastal recreation waters for which the author- ‘‘(3) includes a completed report on the infor- ‘‘(ii) marine coastal waters (including coastal ity to implement a monitoring and notification mation specified in subsection (b)(3)(A), to be estuaries) that are designated under section program would be subject to the delegation). submitted to the Administrator; and 303(c) by a State for use for swimming, bathing, ‘‘(4) FEDERAL SHARE.— ‘‘(4) addresses the matters specified in sub- surfing, or similar water contact activities. ‘‘(A) IN GENERAL.—The Administrator, section (c) . ‘‘(B) EXCLUSIONS.—The term ‘coastal recre- through grants awarded under this section, may ‘‘(e) DATABASE.—The Administrator shall es- pay up to 100 percent of the costs of developing tablish, maintain, and make available to the ation waters’ does not include— and implementing a program for monitoring and public by electronic and other means a national ‘‘(i) inland waters; or notification under this subsection. coastal recreation water pollution occurrence ‘‘(ii) waters upstream of the mouth of a river or stream having an unimpaired natural con- ‘‘(B) NON-FEDERAL SHARE.—The non-Federal database that provides— share of the costs of developing and imple- ‘‘(1) the data reported to the Administrator nection with the open sea. menting a monitoring and notification program under subsections (b)(3)(A)(i) and (d)(3); and ‘‘(22) FLOATABLE MATERIAL.— may be— ‘‘(2) other information concerning pathogens ‘‘(A) IN GENERAL.—The term ‘floatable mate- ‘‘(i) in an amount not to exceed 50 percent, as and pathogen indicators in coastal recreation rial’ means any foreign matter that may float or determined by the Administrator in consultation waters that— remain suspended in the water column. with State, tribal, and local government rep- ‘‘(A) is made available to the Administrator by ‘‘(B) INCLUSIONS.—The term ‘floatable mate- resentatives; and a State or local government, from a coastal rial’ includes— ‘‘(ii) provided in cash or in kind. water quality monitoring program of the State ‘‘(i) plastic; ‘‘(c) CONTENT OF STATE AND LOCAL GOVERN- or local government; and ‘‘(ii) aluminum cans; MENT PROGRAMS.—As a condition of receipt of a ‘‘(B) the Administrator determines should be ‘‘(iii) wood products; grant under subsection (b), a State or local gov- included. ‘‘(iv) bottles; and ernment program for monitoring and notifica- ‘‘(f) TECHNICAL ASSISTANCE FOR MONITORING ‘‘(v) paper products. tion under this section shall identify— FLOATABLE MATERIAL.—The Administrator ‘‘(23) PATHOGEN INDICATOR.—The term ‘patho- ‘‘(1) lists of coastal recreation waters in the shall provide technical assistance to States and gen indicator’ means a substance that indicates State, including coastal recreation waters adja- local governments for the development of assess- the potential for human infectious disease.’’. cent to beaches or similar points of access that ment and monitoring procedures for floatable SEC. 6. INDIAN TRIBES. are used by the public; material to protect public health and safety in Section 518(e) of the Federal Water Pollution ‘‘(2) in the case of a State program for moni- coastal recreation waters. Control Act (33 U.S.C. 1377(e)) is amended by toring and notification, the process by which ‘‘(g) LIST OF WATERS.— striking ‘‘and 404’’ and inserting ‘‘404, and 406’’. H8134 CONGRESSIONAL RECORD — HOUSE September 26, 2000 SEC. 7. REPORT. beach goers, everywhere, have the right to I am glad to see the gentleman from (a) IN GENERAL.—Not later than 4 years after know that the waters they choose to visit are Minnesota (Mr. OBERSTAR), the ranking the date of enactment of this Act, and every 4 safe for themselves and their families. member, here today who has worked on years thereafter, the Administrator of the Envi- Mr. Speaker, this legislation is the product a lot of water quality issues over the ronmental Protection Agency shall submit to Congress a report that includes— of work conducted over the past few Con- years. (1) recommendations concerning the need for gresses. Originally introduced by our friend H.R. 999 is really a bipartisan ap- additional water quality criteria for pathogens and former colleague, Bill Hughes, in 1990, proach to addressing an old problem. and pathogen indicators and other actions that this issue has subsequently been picked up by What we have done is try to raise not should be taken to improve the quality of coast- our colleagues from New Jersey, Mr. PALLONE only our environmental strategies to a al recreation waters; and Senator LAUTENBERG, and by the sponsor higher level of outcome-based ap- (2) an evaluation of Federal, State, and local of this legislation, Mr. BILBRAY from California. proaches, but also the political process efforts to implement this Act, including the I commend these gentlemen for their dedica- here in Washington, to one of putting amendments made by this Act; and tion and their tireless efforts to protect the (3) recommendations on improvements to the public’s health first ahead of par- methodologies and techniques for monitoring of public from unhealthy water conditions at our tisan bickering. coastal recreation waters. nation's beaches. And I am pleased that this It has been a privilege to work with (b) COORDINATION.—The Administrator of the time, we will send this important legislation to the subcommittee chairman and the Environmental Protection Agency may coordi- the President for his signature. ranking members. The gentleman from nate the report under this section with other re- The BEACHES bill advocates three simple Pennsylvania (Chairman SHUSTER) has porting requirements under the Federal Water principles: First, beach water quality should be been a leader on this issue. The Senate Pollution Control Act (33 U.S.C. 1251 et seq.). monitored. You cannot know whether waters has taken up the challenge after we SEC. 8. AUTHORIZATION OF APPROPRIATIONS. are safe unless the waters are adequately passed this on Earth Day a year ago, There are authorized to be appropriated to tested. Second, water quality criteria should carry out the provisions of this Act, including and they have moved it along. be uniform. Just as we provide assurances to I would just like to say sincerely the amendments made by this Act, for which the public that water supplies will be safe for amounts are not otherwise specifically author- that we are talking about a bill, H.R. ized to be appropriated, such sums as are nec- drinking no matter which state a person hap- 999, that will allow the American peo- essary for each of fiscal years 2001 through 2005. pens to be in, the public should feel confident ple to know when their beaches are The SPEAKER pro tempore. Pursu- that the public health standards at our Nation's clean, and if it is safe for their children beaches meet minimum, consistent health re- ant to the rule, the gentleman from to go in the water. They will be able to quirements. And finally, if a health problem is New York (Mr. BOEHLERT) and the gen- go on the Internet to see that, should discovered at the beach, the public has the tleman from Pennsylvania (Mr. BOR- one want to go to Ocean City, whether right to prompt, accurate, and effective notifi- SKI) each will control 20 minutes. Ocean City be safe enough to be able to cation so that they may protect themselves The Chair recognizes the gentleman surf in this weekend. If one wants to go and their families. to San Diego next week, will it be safe from New York (Mr. BOEHLERT). In realizing these principals, this legislation b at La Jolla, Imperial Beach or Coro- 1745 authorizes over $30 million in funding for Fed- nado to be able to allow one’s children, Mr. BOEHLERT. Mr. Speaker, I yield eral, State, and local partnerships for water indeed, allow oneself, to get in the myself such time as I may consume. quality monitoring and notification. Under this water and enjoy the waves and the Mr. Speaker, I am very pleased to legislation, States and localities would be ocean. support H.R. 999, the Beaches Environ- given the flexibility to tailor their monitoring It will mean that those from the Gulf mental Assessment and Coastal Health and notification programs to meet local needs, to the Great Lakes will finally be able Act of 2000, which was introduced and so long as these programs are consistent with to say we know about our water qual- championed by the gentleman from EPA's minimum requirements for the protec- ity and we know if it is safe. California (Mr. BILBRAY). He has been a tion of public health and safety. In addition, I would just ask every Member here tireless advocate for monitoring the the BEACHES bill directs the EPA to periodi- to recognize that this is not just a vic- quality of our Nation’s coastal recre- cally review and develop revised water quality tory for the environment, it is a vic- ation waters. criteria for coastal areas to ensure we are tory for this institution and the system This issue has been languishing in using the best scientific information available. because, while we may fight and bicker Congress for years. But thanks to the The public deserves no less. Finally, this legis- about a lot of things, when it came to tenacity of the gentleman from Cali- lation requires EPA to maintain a publicly our children and our grandchildren’s available database of our nation's beaches, fornia (Mr. BILBRAY), all the interested health, when it came to the safety of listing those beaches that are subject to local parties have come together, come to our communities and the safety of our monitoring programs, and those that do not. the table, and we have reached an families, Democrats, Republicans This information will be very helpful to many agreement on a bipartisan basis. That worked together on this bill. They Americans for vacation planning, so they will is a tribute, a singular tribute to the worked together and found reasons to know whether the waters at their favorite va- gentleman from California (Mr. vote aye. cation spot are safe, and will choose accord- BILBRAY). It is a privilege to work with I want to thank both sides for that ingly. him on this very important legislation. Mr. Speaker, I support this important legisla- kind of cooperative effort. I want to Mr. Speaker, I reserve the balance of tion, and urge my colleagues to vote for its thank my colleagues for not only set- my time. passage. ting an example here in the House, but Mr. BORSKI. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of I think to the rest of the country that myself such time as I may consume. my time. we can work together as Americans for (Mr. BORSKI asked and was given Mr. BOEHLERT. Mr. Speaker, I yield Americans. I think people are going to permission to revise and extend his re- such time as he may consume to the look back at the Beach bill of 2000 and marks.) gentleman from California (Mr. say, why do we not do more of that? Mr. BORSKI. Mr. Speaker, this bill BILBRAY), the author of this bill and Why do we not work together more? represents a significant step in pro- the driving force behind it all. Why do we not help the environment tecting the health of millions of beach (Mr. BILBRAY asked and was given together? goers. It passed the Senate unani- permission to revise and extend his re- Mr. Speaker, I rise in strong support of H.R. mously. It is supported by the adminis- marks.) 999, on behalf of all surfers, swimmers, divers, tration, the States, and the environ- Mr. BILBRAY. Mr. Speaker, I would sailors, lifeguards, and all Americans who love mental community. It is a good bill like to thank the gentleman from the ocean. worthy of our support, and I urge its Pennsylvania (Mr. BORSKI), the rank- This is a real triumph, not only for coastal passage. ing member, and the gentleman from communities and ocean enthusiasts of all I am pleased to lend my support to H.R. New York (Mr. BOEHLERT), chairman of kinds, but in fact for all beach users or visitors 999, the BEACHES bill. This simple, but im- the Subcommittee on Water Resources all across this country. We've been able to portant legislation aims at protecting our na- and Environment. I appreciate the bi- take a strong bill that we passed unanimously tion's beach goers from unhealthy ocean partisan way we have approached this in the House last year, and make it even more water quality conditions. Wherever it may be, issue. effective, by taking the perspectives and real September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8135 life experiences shared with us by local and already preoccupied with an active pro-envi- activity supports over 28 million jobs and leads state public health officials and water adminis- ronmental agenda, and I am very grateful for to investments of over $50 billion each year in trators, members of the environmental com- the time and resources he devoted to shep- goods and services. munity, and other stakeholders. H.R. 999 re- herding this bill through the Senate. This suc- Public confidence in the quality of our na- flects what can really be accomplished for the cess was due in large part to the efforts of tion's waters is important not only to each cit- environment by working together in an inclu- John Pemberton, Christy Plummer, and Ann izen who swims or surfs, but also to the tour- sive and bipartisan manner, and I'm very Klee of the EPW committee staff, who did ism and recreation industries that rely on safe proud of both the process that produced this yeoman's work on this issue, as did Jo-Ellen and swimmable coastal waters. important public health bill, and the fact that Darcy of Senator BAUCUS' staff. I want to par- This is a bipartisan bill that uses incentives, we are in a position here today to send this ticularly thank my beach bill partner in the not mandates, to improve public health and bill to the President. Senate, the senior Senator from New Jersey, safety by monitoring the quality of our Nation's Mr. Speaker, we've come a long way since FRANK LAUTENBERG, who introduced the com- coastal waters. The House passed this bill on April 22, I first sat down with the Surfrider Foundation panion beach bill and has been working on 1999, by voice vote. The Senate passed the and the San Diego Department of Environ- water quality issues throughout his distin- bill, with an amendment, on September 20, mental Health to seek their input in the proc- guished career in public service. The people ess of drafting what became H.R. 999. Now, 2000, by unanimous consent. of New Jersey will certainly miss his presence The Senate amendment does not make sig- no longer will surfers, swimmers, and beach- in the Senate, but the legacy he's helped nificant changes to the bill. going families and their children have to serve shape with this bill will be a permanent re- Like the House-passed bill, the Senate as the proverbial ``canaries in the coal mine''. minder of his leadership. I greatly appreciate amendment to H.R. 999 gives EPA no new H.R. 999 will provide coastal states with both Senator LAUTENBERG's willingness to work to- regulatory authorities and contains no inter- the incentive and the financial means to de- gether with me to craft a bill which will do so governmental or private-sector mandates. velop and implement a specific monitoring and much for our own constituents, and for all Like the House-passed bill, the grant pro- public notification program for its recreational Americans who enjoy the beach. He and Amy gram established by H.R. 999, as amended, waters, in partnership with local, state, and Maron of his staff have done their home state does not provide EPA with an opportunity to federal public health officials. proud. micro-manage State monitoring programs if a This is a strong step in a new direction, There has been strong support for this effort State chooses to seek Federal assistance. away from a punitive, over-regulatory ap- from the environmental community since my Under this legislation, EPA is to establish a proach to an inclusive and incentive-based other New Jersey colleague FRANK PALLONE level of protection for monitoring programs, process, which is tailored specifically to en- and I first introduced H.R. 2094 back in the which will be used to determine if a program courage the growth and implementation of 105th Congress, which paved the way for H.R. is eligible for a grant. But each individual State testing and notification programs that meet the 999. The Surfrider Foundation, the Center for program determines how that level of protec- needs of individual communities or regions. Marine Conservation, and the American tion is reached. What is most effective for water quality testing Oceans Campaign have all been strong part- By providing grants this legislation provides and subsequent public notification in New Jer- ners in this shared effort. I want to particularly incentives to all States to develop monitoring sey may not be as appropriate along the Cali- thank the Surfrider Foundation, for their will- programs that protect public health and safety. fornia coast, or vice versa. This bill recognizes ingness to work with me from the very early This does not mean uniform monitoring pro- the need for flexibility and partnership in de- going, and stick with me, to help accomplish grams. This does not mean that EPA may im- veloping these programs, based on strong and this long-shared public health goal. I have to pose a Federal template on States. current science. One of the problems we've also thank Chris Gonaver of the San Diego Like the House-passed bill, the Senate encountered in water quality testing in general County Department of Environmental Health, amendment to H.R. 999 also does not ad- is the use of outdated science and method- for providing critical input on the need to pro- dress control of pollution from point or ology; under H.R. 999, that science will be vide for a substantive role for local public nonpoint sources. It imposes no new man- dates, unfunded or otherwise. constantly under scrutiny and review to help health officials in crafting and implementing an ensure that the best available information is Like the House-passed bill, the Senate effective monitoring and notification program amendment clarifies that State water quality being used as the foundation for these cus- that is tailored to fit a specific region. criteria for pathogens or pathogen indicators tom-made programs. This kind of brings it full circle for me, Mr. for coastal recreation waters must be as pro- The bottom line is that due to the implemen- Speaker. Coming from local government my- tation of this bill, families from across the tective of human health as EPA's criteria. self, and knowing how important it is to have This does not mean that States must adopt country will be able to go to the beach with that perspective and expertise applied to any criteria that are identical to those that have the expectation that it is either safe to go into effective environmental or public health strat- been published by EPA. States adopt water the water at a given location, or that they will egy, I think that the path we have blazed with quality criteria under section 303(c) of the be properly informed if it is not. In many in- H.R. 999 is critical for the success of our cur- Clean Water Act and continue to have the stances, families will be able to go on-line to rent and future environmental strategies. I flexibility, provided under that section to determine whether a given beach is clean and can't think of any better result or legacy, than change EPA's criteria based on site-specific safe before leaving their house, another exam- for the outcome and incentive-based approach conditions, or to adopt different, scientifically- ple of how H.R. 999 uses current technology of this Beach Bill, H.R. 999, to be used as a justified criteria. to better inform the public. blueprint for the next generation of environ- Thus, if a State can demonstrate that the Mr. Speaker, this is something I'm extremely mental strategies. pathogen indicators that it is using are as pro- proud of, but it has been an incredible team Thanks again to my colleagues and all the tective of human health as the criteria for effort. I want to particularly thank my col- stakeholders who worked so hard with me to pathogen indicators that EPA has published, a leagues in both the House and Senate, who make this bold step on behalf of our ocean State may continue to use its existing criteria. worked so hard and in a bipartisan fashion to environment and the public health. The House-passed bill provided that the in- help achieve this wonderful result we have Mr. SHUSTER. Mr. Speaker, I congratulate formation database authorized under section here today. In the House, Water Resources Representative BILBRAY on this bill, H.R. 999, 406(e) is intended to be information on Subcommittee Chairman SHERRY BOEHLERT the Beaches Environmental Assessment and exceedances of water quality standards in and full Transportation Committee Chairman Coastal Health Act of 2000. I also thank Rep- coastal recreation waters only. This database BUD SHUSTER, along with their counterparts resentatives OBERSTAR, BOEHLERT and BOR- does not address other matters. The Senate ROBERT BORSKI and JAMES OBERSTAR, have SKI, and Senators SMITH, BAUCUS and amendment further specifies that the source of committed considerable time and energy to- LAUTENBURG, for their assistance on this legis- that information is to be from State and local ward this day. The committee staff deserve lation. monitoring programs only. particular recognition for the considerable H.R. 999 amends the Clean Water Act to Like the House bill, the Senate amendment time, attention, and long hours they've focused establish a grant program for States to monitor provides for EPA implementation of a moni- on this goal, particularly Susan Bodine and the safety of coastal recreation waters, and to toring and notification program only in situa- Ben Grumbles of the Chairman's staff, and set a deadline for updating State water quality tions where a State is not implementing a pro- Ken Kopocis of Mr. OBERSTAR's staff. standards for these waters to protect the pub- gram that protects public health and safety. In the other body, Senate Environment com- lic from disease-carrying organisms. The bill does not provide for partial EPA im- mittee Chairman ROBERT SMITH made H.R. Each year over 180 million people visit plementation and partial State implementation 999 a top priority of his Committee, which was coastal waters for recreational purposes. This of a monitoring and notification program. H8136 CONGRESSIONAL RECORD — HOUSE September 26, 2000 In addition, EPA's duty to conduct a moni- the rules were suspended and the Sen- Mr. HANSEN. Mr. Speaker, I yield toring and notification program is subject to ate amendment was concurred in. myself such time as I may consume. the same conditions as a State program. This A motion to reconsider was laid on Mr. Speaker, H.R. 3745, introduced by means that EPA has the same flexibility that the table. the gentleman from Iowa (Mr. NUSSLE), States are provided to target available re- f authorizes the Secretary of the Inte- rior to purchase two tracts of land sources to those waters that it determines are GENERAL LEAVE the highest priorities. from willing sellers for addition into Finally, like the House-passed bill, the Sen- Mr. BOEHLERT. Mr. Speaker, I ask the Effigy Mounds National Monu- ate amendment provides that the term ``coast- unanimous consent that all Members ment. The gentleman from Iowa (Mr. al recreation waters'' includes only the Great may have 5 legislative days within NUSSLE) deserves credit for crafting Lakes and waters that are adjacent to the which to revise and extend their re- this legislation which protected the coastline of the United States. ``Coastal recre- marks on H.R. 999. rights of property owners while also ation waters'' is not synonymous with the The SPEAKER pro tempore. Is there helping to expand the Effigy Mounds ``coastal zone'' as defined under the Coastal objection to the request of the gen- for the public enjoyment. Zone Management Act. The Senate amend- tleman from New York? Mr. Speaker, Effigy Mounds is lo- ment further clarifies in bill language that geo- There was no objection. cated in northeastern Iowa along the graphic scope of this act does not include any f Mississippi River and borders Wis- inland waters and does not extend beyond the EFFIGY MOUNDS NATIONAL consin. Currently, the 1,481-acre Monu- mouth of any river or stream or other body of MONUMENT ADDITIONS ACT ment protects approximately 200 water having unimpaired natural connection mound sites built by Eastern Woodland Mr. HANSEN. Mr. Speaker, I move to with open sea. Indians from about 500 BC to 1300 AD. I urge all Members to support H.R. 999, as suspend the rules and pass the bill Although prehistoric mounds are com- amended. (H.R. 3745) to authorize the addition of mon from the Midwest to the Atlantic Mr. HORN. I thank the gentleman from Cali- certain parcels to the Effigy Mounds Seaboard, they seldom are found in an fornia, Mr. BILBRAY, for all of his hard work on National Monument, Iowa, as amended. effigy outline of mammals, birds, or H.R. 999, the Beaches Environmental Assess- The Clerk read as follows: reptiles. The 200 mounds, including the ment and Coastal Health Act of 2000. I strong- H.R. 3745 29 effigy mounds, are thought to have ly urge that we pass this much needed envi- Be it enacted by the Senate and House of Rep- served a variety of purposes such as ronmental initiative today. resentatives of the United States of America in territory markers, burials, or other As a Representative from California, with Congress assembled, cultural activities. beautiful beaches stretching along the coastal SECTION 1. SHORT TITLE. H.R. 3745 authorizes the acquisition areas in my district, I have seen first-hand the This Act may be cited as the ‘‘Effigy Mounds of two parcels of land from willing sell- National Monument Additions Act’’. need to establish national safety standards for ers in order to expand the boundaries SEC. 2. DEFINITIONS. monitoring coastal recreation waters. Beach- In this Act: of the existing monument. The Iowa goers in my district and across the nation are (1) MAP.—The term ‘‘map’’ means the map en- Natural Heritage Foundation has nego- often forced to postpone their recreational titled ‘‘Proposed Boundary Adjustments/Effigy tiated the purchase of the Ferguson- plans due to contamination by urban runoff or Mounds National Monument’’, numbered 394/800 Kistler Tract which represents the sewage spills. Swimming along California's 35, and dated May 1999. largest of the parcels. This tract also shore should not pose a potential health haz- (2) MONUMENT.—The term ‘‘Monument’’ contains two effigy mounds and numer- ard. However, in 1999, Lost Angeles CountyÐ means the Effigy Mounds National Monument, ous other historic and prehistoric sites. Iowa. including Long BeachÐissued advisories or The State of Iowa owns the second par- (3) SECRETARY.—The term ‘‘Secretary’’ means closed beaches 460 times. the Secretary of the Interior. cel. H.R. 999 addresses this problem by pro- SEC. 3. ADDITIONS TO EFFIGY MOUNDS NA- Mr. Speaker, an amendment was viding effective mechanisms to ensure that TIONAL MONUMENT. passed during committee proceedings beach water quality is monitored and safe for (a) IN GENERAL.—The Secretary may acquire on this bill which excluded those land- recreational use. The bill amends the Clean by purchase, from willing sellers only, each of owners not wanting to be within the Water Act to establish a grant program for the parcels described in subsection (b). boundaries. The gentleman from Iowa (b) PARCELS.—The parcels referred to in sub- states to monitor coastal recreation waters. It (Mr. NUSSLE) worked hard to make also sets a deadline for updating state water section (a) are the following: sure these property owners are pro- (1) FERGUSON/KISTLER TRACT.—The parcel quality standards to protect the public from consisting of approximately 1054 acres of unde- tected. Now this bill is ready to move disease-carrying pathogens. I should also veloped, privately-owned land located in por- forward. mention that updated water quality standards tions of secs. 28, 29, 31, 32, and 33, T. 95 N., R. I urge my colleagues to support H.R. are not only good for public health, but also 3 W., Fairview Township, Allamakee County, 3745, as amended. for the environmentÐcleaner waters mean Iowa, as depicted on the map. Mr. Speaker, I reserve the balance of healthier marine animals and protected aquat- (2) RIVERFRONT TRACT.—The parcel consisting my time. ´ ic habitats. of approximately 50 acres of bottom land located Mr. ROMERO-BARCELO. Mr. Speak- between the Mississippi River and the north er, I yield myself such time as I may Each year over 180 million people visit unit of the Monument in secs. 27 and 34, Fair- coastal waters for recreational purposes. I be- view Township, Allamakee County, Iowa, as de- consume. ´ lieve we owe it to each citizen of our nation to picted on the map. (Mr. ROMERO-BARCELO asked and pass this bill and ensure that they can enjoy (c) BOUNDARY ADJUSTMENT.—On acquisition was given permission to revise and ex- safe, hazard-free coastal waters. I strongly of a parcel described in subsection (b), the Sec- tend his remarks.) ´ urge my colleagues to join me in supporting retary shall modify the boundary of the Monu- Mr. ROMERO-BARCELO. Mr. Speak- final passage of H.R. 999. ment to include the parcel. Any parcel included er, the National Park Service has iden- Mr. BORSKI. Mr. Speaker, I have no within the boundary of the Monument pursuant tified several parcels of land near the further requests for time, and I yield to this subsection shall be administered by the existing boundaries of the Effigy Secretary as part of the Monument. Mounds National Monument in North- back the balance of my time. (d) AVAILABILITY OF MAP.—The map shall be Mr. BOEHLERT. Mr. Speaker, I have on file and available for public inspection in ap- eastern Iowa that would be valuable no further requests for time, and I propriate offices of the National Park Service. additions to the Monument. yield back the balance of my time. (e) AUTHORIZATION OF APPROPRIATIONS.— H.R. 3745, as introduced by the gen- The SPEAKER pro tempore (Mr. There is authorized to be appropriated to carry tleman from Iowa (Mr. NUSSLE) would ISAKSON). The question is on the mo- out this Act $750,000. have authorized the Secretary to pur- tion offered by the gentleman from The SPEAKER pro tempore. Pursu- chase all of these parcels from willing New York (Mr. BOEHLERT) that the ant to the rule, the gentleman from sellers only and to adjust the bound- House suspend the rules and concur in Utah (Mr. HANSEN) and the gentleman aries of the Monument to include these the Senate amendment to the bill, H.R. from Puerto´ Rico (Mr. ROMERO- lands, once they were acquired. As in- 999. BARCELO) each will control 20 minutes. troduced, the bill was identical to leg- The question was taken; and (two- The Chair recognizes the gentleman islation sponsored by Senator GRASS- thirds having voted in favor thereof) from Utah (Mr. HANSEN). LEY. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8137 However, members of the majority mounds built on the North American SECTION 1. SHORT TITLE. staff of the Subcommittee on National continent. However, effigy mounds are This Act may be cited as the ‘‘National His- Parks and Public Lands contacted the primarily located today in northeast toric Lighthouse Preservation Act of 2000’’. owners of the tracts included in the Iowa, southeastern Minnesota, and SEC. 2. PRESERVATION OF HISTORIC LIGHT STA- TIONS. legislation; and after those contacts, western Wisconsin. They were con- Title III of the National Historic Preservation three of these owners no longer wish to structed, by some estimates, over the Act (16 U.S.C. 470w, 470w–6) is amended by add- be included in the legislation. As a re- course of the last 2,500 years. ing at the end the following new section: sult, an amendment was adopted by the The mounds inside the Effigy Mounds ‘‘SEC. 308. HISTORIC LIGHTHOUSE PRESERVA- committee striking these parcels from National Monument are a representa- TION. the bill. tive and very outstanding example of a ‘‘(a) IN GENERAL.—In order to provide a na- It is unfortunate that this change significant phase of prehistoric Amer- tional historic light station program, the Sec- was made. It is difficult to imagine ican Indian mound-building culture. retary shall— what could have caused these land- ‘‘(1) collect and disseminate information con- The tract that we talked about here cerning historic light stations, including historic owners concerns given that the bill today would be a valuable addition to lighthouses and associated structures; specifies that the properties may only the monument because not only of its ‘‘(2) foster educational programs relating to be purchased if the owners want to sell natural beauty and historical signifi- the history, practice, and contribution to society and may only be added to the Monu- cance, but this tract is known to con- of historic light stations; ment after they are acquired. tain four additional mounds, two linear ‘‘(3) sponsor or conduct research and study into the history of light stations; The only effect of passage of the bill forms as well as two bears, the outline as introduced would have been to add ‘‘(4) maintain a listing of historic light sta- of a bear. It includes not only endan- tions; and the Federal Government to the list of gered plant and animal species along ‘‘(5) assess the effectiveness of the program es- potential buyers if and when these the Yellow River, but additionally, and tablished by this section regarding the convey- landowners decided to sell their prop- interestingly enough, this property was ance of historic light stations. erty. Adoption of the committee the site of Iowa’s first sawmill, which ‘‘(b) CONVEYANCE OF HISTORIC LIGHT STA- amendment, however, means that ap- was powered by water and managed by TIONS.— proval of a second measure allowing ‘‘(1) PROCESS AND POLICY.—Not later than one none other than Jefferson Davis. year after the date of the enactment of this sec- the Federal Government to bid on I believe that expanding the Monu- these properties if they ever come on tion, the Secretary and the Administrator shall ment’s current boundaries to include establish a process and policies for identifying, the market will be required. the Ferguson-Kistler Tract would be a and selecting, an eligible entity to which a his- As introduced, H.R. 3745 was a wise step. toric light station could be conveyed for edu- straightforward bill allowing the Fed- Mr. Speaker, I am a very strong sup- cation, park, recreation, cultural, or historic eral Government to bid on significant porter of private lands and private preservation purposes, and to monitor the use of lands near a national monument. We ownership. Iowa has less than 2 percent such light station by the eligible entity. continue to support this legislation, ‘‘(2) APPLICATION REVIEW.—The Secretary of its land in other than privately but the changes made to the bill make shall review all applications for the conveyance owned hands. We do not come to this it more likely that lands which might of a historic light station, when the agency with floor without concern for private prop- have been preserved will someday be administrative jurisdiction over the historic light developed. erty, and that is why this bill has been station has determined the property to be ‘excess property’ as that term is defined in the Federal We urge our colleagues to support crafted for willing sellers only. But we have willing sellers. Property Administrative Services Act of 1949 (40 H.R. 3745 as well as the future legisla- U.S.C. 472(e)), and forward to the Administrator tion that will be required to complete This is a strong piece of legislation to enhance the beauty and historical a single approved application for the convey- the process of adding these important ance of the historic light station. When selecting parcels to this national monument. significance of this park. I ask my col- an eligible entity, the Secretary shall consult Mr. Speaker, I reserve the balance of leagues to support H.R. 3745. I thank with the State Historic Preservation Officer of my time. the committee and the gentleman from the state in which the historic light station is lo- Mr. HANSEN. Mr. Speaker, I am Utah (Chairman HANSEN) for their dili- cated. pleased to yield such time as he may gent work on this. ´ ‘‘(3) CONVEYANCE OF HISTORIC LIGHT STA- consume to the gentleman from Iowa Mr. ROMERO-BARCELO. Mr. Speak- TIONS.—(A) Except as provided in subparagraph (B), the Administrator shall convey, by quit- (Mr. NUSSLE), the author of this bill. er, I have no requests for time, and I yield back the balance of my time. claim deed, without consideration, all right, (Mr. NUSSLE asked and was given title, and interest of the United States in and to permission to revise and extend his re- Mr. HANSEN. Mr. Speaker, I yield the historic light station, subject to the condi- marks.) back the balance of my time. tions set forth in subsection (c) after the Sec- Mr. NUSSLE. Mr. Speaker, I would The SPEAKER pro tempore. The retary’s selection of an eligible entity. The con- like to first thank the gentleman from question is on the motion offered by veyance of a historic light station under this Utah (Chairman HANSEN) who has been the gentleman from Utah (Mr. HANSEN) section shall not be subject to the provisions of a strong advocate and supporter of this that the House suspend the rules and the Stewart B. McKinney Homeless Assistance legislation, who has held hearings. As pass the bill, H.R. 3745, as amended. Act (42 U.S.C. 11301 et seq.) or section 416(d) of my colleagues can tell by his opening The question was taken; and (two- the Coast Guard Authorization Act of 1998 (Public Law 105–383). statement here today, as well as the thirds having voted in favor thereof) ‘‘(B)(i) Historic light stations located within gentleman from´ Puerto Rico (Mr. RO- the rules were suspended and the bill, the exterior boundaries of a unit of the National MERO-BARCELO), the ranking member, as amended, was passed. Park System or a refuge within the National they know quite a bit about this very A motion to reconsider was laid on Wildlife Refuge System shall be conveyed or sold small, yet very significant historical the table. only with the approval of the Secretary. monument in northeast Iowa. f ‘‘(ii) If the Secretary approves the conveyance This year we have the opportunity to of a historic light station referenced in this expand this monument and preserve NATIONAL HISTORIC LIGHTHOUSE paragraph, such conveyance shall be subject to PRESERVATION ACT OF 2000 the conditions set forth in subsection (c) and more mounds. This is a project that any other terms or conditions the Secretary con- the Iowa Natural Heritage Foundation Mr. HANSEN. Mr. Speaker, I move to siders necessary to protect the resources of the has put together. It is a plan to pur- suspend the rules and pass the bill park unit or wildlife refuge. chase 1,000 acres, as has been said. (H.R. 4613) to amend the National His- ‘‘(iii) If the Secretary approves the sale of a This parcel of land that we talk toric Preservation Act for purposes of historic light station referenced in this para- about today has been sought after by establishing a national historic light- graph, such sale shall be subject to the condi- the National Park Service since the house preservation program, as amend- tions set forth in subparagraphs (A) through Monument’s establishment by procla- ed. (D) and (H) of subsection (c)(1) and subsection The Clerk read as follows: (c)(2) and any other terms or conditions the Sec- mation by President Truman back in retary considers necessary to protect the re- 1949. So this has been a long time in H.R. 4613 sources of the park unit or wildlife refuge. coming. This is a very significant day. Be it enacted by the Senate and House of Rep- ‘‘(iv) For those historic light stations ref- Anthropologists estimate that there resentatives of the United States of America in erenced in this paragraph, the Secretary is en- were thousands of these Indian burial Congress assembled, couraged to enter into cooperative agreements H8138 CONGRESSIONAL RECORD — HOUSE September 26, 2000

with appropriate eligible entities, as provided in ‘‘(3) REVERSION.—In addition to any term or ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti- this Act, to the extent such cooperative agree- condition established pursuant to this sub- ty’ shall mean: ments are consistent with the Secretary’s re- section, the conveyance of a historic light sta- ‘‘(A) any department or agency of the Federal sponsibilities to manage and administer the park tion shall include a condition that the historic Government; or unit or wildlife refuge, as appropriate. light station, or any associated historic artifact ‘‘(B) any department or agency of the State in ‘‘(c) TERMS OF CONVEYANCE.— conveyed to the eligible entity in conjunction which the historic light station is located, the ‘‘(1) IN GENERAL.—The conveyance of a his- with the historic light station conveyance, in- local government of the community in which the toric light station shall be made subject to any cluding but not limited to any lens or lanterns, historic light station is located, nonprofit cor- conditions, including the reservation of ease- at the option of the Administrator, shall revert poration, educational agency, or community de- ments and other rights on behalf of the United to the United States and be placed under the velopment organization that— States, the Administrator considers necessary to administrative control of the Administrator, if— ‘‘(i) has agreed to comply with the conditions ensure that— ‘‘(A) the historic light station, any part there- set forth in subsection (c) and to have such con- ‘‘(A) the Federal aids to navigation located at of, or any associated historic artifact ceases to ditions recorded with the deed of title to the his- the historic light station in operation on the be available for education, park, recreation, cul- toric light station; and date of conveyance remain the personal prop- tural, or historic preservation purposes for the ‘‘(ii) is financially able to maintain the his- erty of the United States and continue to be op- general public at reasonable times and under toric light station in accordance with the condi- erated and maintained by the United States for reasonable conditions which shall be set forth in tions set forth in subsection (c). as long as needed for navigational purposes; the eligible entity’s application; ‘‘(4) FEDERAL AID TO NAVIGATION.—The term ‘‘(B) there is reserved to the United States the ‘‘(B) the historic light station or any part ‘Federal aid to navigation’ shall mean any de- right to remove, replace, or install any Federal thereof ceases to be maintained in a manner vice, operated and maintained by the United aid to navigation located at the historic light that ensures its present or future use as a site States, external to a vessel or aircraft, intended station as may be necessary for navigational for a Federal aid to navigation; to assist a navigator to determine position or purposes; ‘‘(C) the historic light station, any part there- safe course, or to warn of dangers or obstruc- ‘‘(C) the eligible entity to which the historic of, or any associated historic artifact ceases to tions to navigation, and shall include, but not light station is conveyed under this section shall be maintained in compliance with this Act, the be limited to, a light, lens, lantern, antenna, not interfere or allow interference in any man- Secretary of the Interior’s Standards for the sound signal, camera, sensor, electronic naviga- ner with any Federal aid to navigation, nor Treatment of Historic Properties, 36 CFR part tion equipment, power source, or other associ- hinder activities required for the operation and 68, and other applicable laws; maintenance of any Federal aid to navigation, ‘‘(D) the eligible entity to which the historic ated equipment. without the express written permission of the light station is conveyed, sells, conveys, assigns, ‘‘(5) SECRETARY.—The term ‘Secretary’ means head of the agency responsible for maintaining exchanges, or encumbers the historic light sta- the Secretary of the Interior.’’. the Federal aid to navigation; tion, any part thereof, or any associated historic SEC. 3. SALE OF HISTORIC LIGHT STATIONS. ‘‘(D) the eligible entity to which the historic artifact, without approval of the Secretary; Title III of the National Historic Preservation light station is conveyed under this section ‘‘(E) the eligible entity to which the historic Act (16 U.S.C. 470w, 470w–6), as amended by shall, at its own cost and expense, use and light station is conveyed, conducts any commer- section 2 of this Act, is amended by adding at maintain the historic light station in accordance cial activities at the historic light station, any the end the following new section: with this Act, the Secretary of the Interior’s part thereof, or in conjunction with any associ- ‘‘SEC. 309. HISTORIC LIGHT STATION SALES. Standards for the Treatment of Historic Prop- ated historic artifact, without approval of the ‘‘(a) IN GENERAL.—In the event no applicants erties, 36 CFR part 68, and other applicable Secretary; or are approved for the conveyance of a historic laws, and any proposed changes to the historic ‘‘(F) at least 30 days before the reversion, the light station pursuant to section 308, the historic light station shall be reviewed and approved by Administrator provides written notice to the light station shall be offered for sale. Terms of the Secretary in consultation with the State His- owner that the historic light station or any part such sales shall be developed by the Adminis- toric Preservation Officer of the state in which thereof is needed for national security purposes. trator of General Services and consistent with the historic light station is located, for consist- ‘‘(d) DESCRIPTION OF PROPERTY.— the requirements of section 308, subparagraphs ency with 36 CFR part 800.5(a)(2)(vii), and the ‘‘(1) IN GENERAL.—The Administrator shall (A) through (D) and (H) of subsection (c)(1), Secretary of the Interior’s Standards for Reha- prepare the legal description of any historic and subsection (c)(2). Conveyance documents bilitation, 36 CFR part 67.7; light station conveyed under this section. The ‘‘(E) the eligible entity to which the historic Administrator, in consultation with the Com- shall include all necessary covenants to protect light station is conveyed under this section shall mandant, United States Coast Guard, and the the historical integrity of the historic light sta- make the historic light station available for edu- Secretary, may retain all right, title, and inter- tion and ensure that any Federal aid to naviga- cation, park, recreation, cultural or historic est of the United States in and to any historical tion located at the historic light station is oper- preservation purposes for the general public at artifact, including any lens or lantern, that is ated and maintained by the United States for as reasonable times and under reasonable condi- associated with the historic light station and lo- long as needed for that purpose. tions; cated at the light station at the time of convey- ‘‘(b) NET SALE PROCEEDS.—Net sale proceeds ‘‘(F) the eligible entity to which the historic ance. Wherever possible, such historical arti- from the disposal of a historic light station— light station is conveyed shall not sell, convey, facts should be used in interpreting that station. ‘‘(1) located on public domain lands shall be assign, exchange, or encumber the historic light In cases where there is no method for preserving transferred to the National Maritime Heritage station, any part thereof, or any associated his- lenses and other artifacts and equipment in situ, Grant Program, established by the National toric artifact conveyed to the eligible entity in priority should be given to preservation or mu- Maritime Heritage Act of 1994 (Public Law 103– conjunction with the historic light station con- seum entities most closely associated with the 451) within the Department of the Interior; and veyance, including but not limited to any lens or station, if they meet loan requirements. ‘‘(2) under the administrative control of the lanterns, unless such sale, conveyance, assign- ‘‘(2) ARTIFACTS.—Artifacts associated with, Coast Guard shall be credited to the Coast ment, exchange or encumbrance is approved by but not located at, the historic light station at Guard’s Operating Expenses appropriation ac- the Secretary; the time of conveyance shall remain the per- count, and shall be available for obligation and ‘‘(G) the eligible entity to which the historic sonal property of the United States under the expenditure for the maintenance of light sta- light station is conveyed shall not conduct any administrative control of the Commandant, tions remaining under the administrative con- commercial activities at the historic light sta- United States Coast Guard. trol of the Coast Guard, such funds to remain tion, any part thereof, or in connection with ‘‘(3) COVENANTS.—All conditions placed with available until expended and shall be available any associated historic artifact conveyed to the the quitclaim deed of title to the historic light in addition to funds available in the Operating eligible entity in conjunction with the historic station shall be construed as covenants running Expense appropriation for this purpose.’’. light station conveyance, in any manner, unless with the land. SEC. 4. FUNDING. such commercial activities are approved by the ‘‘(4) SUBMERGED LANDS.—No submerged lands There are hereby authorized to be appro- Secretary; and shall be conveyed under this section. priated to the Secretary of the Interior such ‘‘(H) the United States shall have the right, at ‘‘(e) DEFINITIONS.—For purposes of this sec- sums as may be necessary to carry out this Act. any time, to enter the historic light station con- tion: veyed under this section without notice, for pur- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- The SPEAKER pro tempore. Pursu- poses of operating, maintaining, and inspecting trator’ shall mean the Administrator of General ant to the rule, the gentleman from any aid to navigation and for the purpose of en- Services. Utah (Mr. HANSEN) and the gentleman ‘‘(2) HISTORIC LIGHT STATION.—The term ‘his- suring compliance with this subsection, to the from Puerto´ Rico (Mr. ROMERO- extent that it is not possible to provide advance toric light station’ includes the light tower, BARCELO) each will control 20 minutes. notice. lighthouse, keepers dwelling, garages, storage The Chair recognizes the gentleman ‘‘(2) MAINTENANCE OF AID TO NAVIGATION.— sheds, oil house, fog signal building, boat house, Any eligible entity to which a historic light sta- barn, pumphouse, tramhouse support structures, from Utah (Mr. HANSEN). tion is conveyed under this section shall not be piers, walkways, underlying and appurtenant b 1800 required to maintain any Federal aid to naviga- land and related real property and improve- tion associated with a historic light station, ex- ments associated therewith; provided that the Mr. HANSEN. Mr. Speaker, I yield cept any private aids to navigation permitted ‘historic light station’ shall be included in or eli- myself such time as I may consume. under section 83 of title 14, United States Code, gible for inclusion in the National Register of Mr. Speaker, H.R. 4613 was intro- to the eligible entity. Historic Places. duced by the gentleman from Indiana September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8139 (Mr. SOUDER) and amends the National committee has a jurisdictional interest in Mr. Speaker, we support H.R. 4613, Historic Preservation Act for purposes the bill. The bill amends the National His- and we urge our colleagues to vote for of establishing a National Historic toric Preservation Act for purposes of estab- it. lishing a national historic lighthouse preser- Mr. Speaker, I reserve the balance of Lighthouse Preservation Program. vation program. The bill was introduced on This legislation has been a long time June 8, 2000, and the Subcommittee on Na- my time. coming, and the gentleman from Indi- tional Parks and Public Lands held a hearing Mr. HANSEN. Mr. Speaker, I yield ana is to be congratulated in working on the bill on July 13, 2000. The Committee such time as he may consume to the hard to get all parties to agree to this on Resources ordered the bill favorably re- gentleman from Indiana (Mr. SOUDER), bill. ported with technical amendments by voice the author of this legislation. Specifically, H.R. 4613 establishes a vote on September 13, 2000. My staff has for- (Mr. SOUDER asked and was given process for the conveyance of excess warded a copy of the bill report to your staff permission to revise and extend his re- historic lighthouses from Federal own- for review. marks.) Because the House has less than 3 weeks Mr. SOUDER. Mr. Speaker, I want to ership to eligible entities who have before the target adjournment, I ask that agreed to the terms and conditions of you not seek a sequential referral of the bill. thank the gentleman from Utah (Mr. the conveyance. Eligible entities can This action would not be considered as prece- HANSEN) for moving this bill forward, include Federal, State or local agen- dent for any future referrals of similar meas- as well as the ranking minority mem- cies, along with nonprofit corporations ures or seen as affecting your Committee’s ber, the gentleman from´ Puerto Rico and community development organiza- jurisdiction over the subject matter of the (Mr. ROMERO-BARCELO), and his cospon- tions. bill. Moreover, if the bill is conferenced with sorship. I very much appreciate the bi- the Senate, I would support naming Trans- The bill also provides for the estab- partisan effort that we have been able portation and Infrastructure Committee to develop on this bill. lishment of a national historic light members to the conference committee. station program to collect information I look forward to your response and would I also want to publicly thank Senator on, foster educational programs relat- be pleased to include it and this letter in the MURKOWSKI of Alaska, who has been ing to, and maintaining a listing of his- report on H.R. 4613. the leader in passing this in the last toric light stations. Sincerely, Congress in the Senate and through the Mr. Speaker, lighthouses and light DON YOUNG, Chairman. Committee on Resources this time, and stations have long played an important I hope we can finally get this bill done. COMMITTEE ON TRANSPORTATION This bill would amend the National role in our Nation’s history. Today, the AND INFRASTRUCTURE, United States has the largest number Washington, DC, September 26, 2000. Historic Preservation Act to establish of lighthouses, as well as the most di- Hon. DON YOUNG, a historic lighthouse preservation pro- verse collection of light stations, in Chairman, Committee on Resources, gram within the Department of the In- any country in the world. There are 633 Washington, DC. terior. It also directs an improved proc- lighthouses built before 1939 and classi- DEAR MR. CHAIRMAN: Thank you for your ess for conveying historic lighthouses. fied as historic. The majority of these letter concerning H.R. 4613, the National His- It has not been fair that some commu- toric Lighthouse Preservation Act of 2000. lighthouses are owned by the Federal nity organizations have worked to pre- The Transportation and Infrastructure Com- serve and restore these lighthouses Government. A number of historic mittee has a jurisdictional interest in this lighthouses have been leased to local bill, to the extent that it may affect Coast only in the conveyance process to have communities and nonprofit lighthouse Guard lighthouses and adjacent property to go through a bidding process where friends groups for parks, recreation, that have not been declared excess to the first government agencies sometimes and educational purposes. The costs as- needs of the Coast Guard and transferred to get a crack at it, other times private sociated with maintaining a historic the General Services Administration for dis- entities, and the very groups that lighthouse in compliance with National posal. However, we have reviewed H.R. 4613, worked so hard to preserve it get to be and agree not to request a sequential referral last in line. This, I believe, will correct Historic Preservation standards can be of this bill. significant. I appreciate your acknowledgement that that. Federal agencies with direct respon- this action will not be considered as prece- When a historic lighthouse has been sibilities for these lighthouses have dent for future referrals of similar measures deemed excess to the needs of the Fed- begun to look for an alternative means or affect the Transportation and Infrastruc- eral Government, the General Services for efficient management and reducing ture Committee’s jurisdiction over the sub- Administration will convey it, for free, costs. However, current procedures for ject matter of the bill. I also appreciate your so the groups do not get in a bidding support for naming Transportation and In- disposal of these sites do not guarantee war, to a selected entity for education, frastructure members to the conference com- park, recreation, cultural, and historic that all historic light stations will be mittee on H.R. 4613. protected. H.R. 4613 would alleviate With kind personal regards, preservation purposes. It is important these problems by providing a mecha- Sincerely, to note that groups selected for con- nism to ensure that light stations will BUD SHUSTER, Chairman. veyance will be obligated to maintain be protected not only for their signifi- Mr. Speaker, I reserve the balance of the integrity of these historic struc- cant historic values but also for archi- my time. ´ tures. In fact, lighthouses conveyed tectural contributions. Mr. ROMERO-BARCELO. Mr. Speak- pursuant to this act would convert Mr. Speaker, this bill is supported by er I yield myself such time as I may back to the Federal Government if the the minority and the administration. consume. ´ property ceases to be used for edu- It serves a very important purpose, and (Mr. ROMERO-BARCELO asked and cation, park, recreation, cultural or I urge my colleagues to support H.R. was given permission to revise and ex- historic preservation purposes; or if it 4613, as amended. tend his remarks.) ´ is not maintained in compliance with Mr. Speaker, I submit for the RECORD Mr. ROMERO-BARCELO. Mr. Speak- the National Historic Preservation letters to and from the gentleman from er, H.R. 4613, sponsored by the gen- Act. Pennsylvania (Mr. SHUSTER) and the tleman from Indiana (Mr. SOUDER), Having public access to these light- gentleman from Alaska (Mr. YOUNG) re- would amend the National Historic houses is extremely important, and garding this bill. Preservation Act to create a program there are many more lighthouses, more HOUSE OF REPRESENTATIVES, under which historic lighthouses might than we have had in the many years up COMMITTEE ON RESOURCES, be transferred to State, local, or pri- to this point that are about to be con- Washington, DC, September 21, 2000. vate ownership. Such a program is veyed into the private sector. I have a Hon. BUD SHUSTER, needed as technological developments couple of beautiful models from my of- Chairman, Committee on Transportation and render more and more of these prop- fice to illustrate this point. This is Infrastructure, Washington, DC. erties outdated. It would be a shame, near Stony Brook on Long Island at DEAR MR. CHAIRMAN: I ask your help in indeed, if historical and educational Old Field Lighthouse. Here the local scheduling H.R. 4613, authored Congressman Mark Souder, for consideration by the House values of these old lighthouses were town uses this building for a commu- of Representatives as soon as possible. lost to all Americans simply because nity office and then the public can ar- H.R. 4613 was referred solely to the Com- they are no longer needed by the ship range tours to go through the light- mittee on Resources, but I believe that your captains. house. That is a multiple-use purpose H8140 CONGRESSIONAL RECORD — HOUSE September 26, 2000 where the public can still appreciate 8. A National Lighthouse Preservation tional Trails System affected by this Act shall this beautiful lighthouse. Fund should be put into place. Upwards of only be acquired by the Federal Government I brought this one from my office $750,000 can be spent abating, stabilizing, from willing sellers. today, the Spectacle Reef in the Great dealing with public health issues, and com- SEC. 5. AMENDMENTS TO THE NATIONAL TRAILS pleting a Historic Structures Report to begin SYSTEM ACT. Lakes region, to illustrate another the needed restoration process. The National Trails System Act (16 U.S.C. point that I want to make sure the leg- ´ Mr. ROMERO-BARCELO. Mr. Speak- 1241 et seq.) is amended— islative language reflects. Some of (1) in section 5(a)— er, I have no further requests for time, these are out in the middle of the (A) in the fourth sentence of paragraph (11)— and I yield back the balance of my Great Lakes, or off the shore in the (i) by striking ‘‘No lands or interest therein time. outside the exterior’’ and inserting ‘‘No lands or ocean, or in Chesapeake Bay. Those Mr. HANSEN. Mr. Speaker, I have no interest in lands outside of the exterior’’; and lighthouses, we need to understand, further requests for time, and I yield (ii) by inserting before the period the fol- will not have the same public access as lowing: ‘‘without the consent of the owner of back the balance of my time. the land or interest’’; and would a lighthouse on the shore. While The SPEAKER pro tempore (Mr. that is not in the bill, I think we un- (B) in the fourth sentence of paragraph (14)— HUTCHINSON). The question is on the (i) by striking ‘‘No lands or interests therein derstand that and it has been a point motion offered by the gentleman from outside the exterior’’ and inserting ‘‘No land or brought to our attention by the Great Utah (Mr. HANSEN) that the House sus- interest in land outside of the exterior’’; and Lakes lightkeepers. pend the rules and pass the bill, H.R. (ii) by inserting before the period the fol- lowing: ‘‘without the consent of the owner of Mr. Speaker, I want to thank the 4613, as amended. chairman again for his leadership, and the land or interest’’; and The question was taken; and (two- (2) in section 10(c), by striking paragraph (1) I submit for the RECORD testimony of- thirds having voted in favor thereof) and inserting the following new paragraph: fered at a hearing held before the Sub- the rules were suspended and the bill, ‘‘(c)(1) Notwithstanding any other provision committee on National Parks and Pub- as amended, was passed. of law (including any other provision of this lic Lands regarding this topic: A motion to reconsider was laid on Act), no funds may be expended by the Federal TESTIMONY OF RICHARD L. MOEHL, PRESIDENT, the table. Government for the acquisition of any land or interest in land outside of the exterior bound- GREAT LAKES LIGHTHOUSE KEEPERS ASSO- f CIATION aries of existing Federal lands for the Conti- nental Divide National Scenic Trail, the North The Process and Policy process of this Bill WILLING SELLER AMENDMENTS Country National Scenic Trail, the Ice Age Na- (H.R. 4613) will determine the success of the OF 2000 TO THE NATIONAL tional Scenic Trail, the Potomac Heritage Na- legislation. TRAILS SYSTEM ACT tional Scenic Trail, the Oregon National His- 1. Off-shore and remote light stations de- Mr. HANSEN. Mr. Speaker, I move to toric Trail, the Mormon Pioneer National His- serve special considerations. suspend the rules and pass the bill toric Trail, the Nez Perce National Historic a. Seasonal and weather related access Trail, the Lewis and Clark National Historic limits the practical and productive time at (H.R. 2267) to amend the National Trails System Act to clarify Federal Trail, or the Iditarod National Historic Trail, these light stations. except with the consent of the owner of the land b. The cost of restoring and preserving authority relating to land acquisition or interest. If the Federal Government fails to these light stations is five to ten times the from willing sellers for the majority of make payment in accordance with a contract for cost of restoring and preserving a drive-up-to the trails, and for other purposes, as sale of land or an interest in land transferred light station. amended. under this paragraph, the seller may avail him- c. Sanitation conditions are a challenge. The Clerk read as follows: self of all remedies available under all applica- Taking care of human waste is different ble law, including electing to void the sale.’’. today than when these light stations were H.R. 2267 originally operated. This may be THE major Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Pursu- problem in restoring offshore lighthouses. A resentatives of the United States of America in ant to the rule, the gentleman from solution MUST be found. Congress assembled, Utah (Mr. HANSEN) and the gentleman d. Boat expenses for mooring, insurance, SECTION 1. SHORT TITLE. from Puerto´ Rico (Mr. ROMERO- inspections, maintenance and operations can This Act may be cited as the ‘‘Willing Seller BARCELO) each will control 20 minutes. run into the tens of thousands of dollars per Amendments of 2000 to the National Trails Sys- The Chair recognizes the gentleman year. tem Act’’. from Utah (Mr. HANSEN). 2. The ‘‘open to the public’’ portion of the SEC. 2. FINDINGS. Mr. HANSEN. Mr. Speaker, I yield Bill needs some‘‘teeth’’ put into the Process Congress makes the following findings: myself such time as I may consume. and Policy decision. Regulations are needed (1) In spite of commendable efforts by the gov- Mr. Speaker, H.R. 2267, introduced by such as the prohibition of alcohol and to- ernments of States and political subdivisions of the gentleman from Colorado (Mr. bacco products at the light station. We see States and private volunteer trail groups to de- too many boaters smoking and with alcohol velop, operate, and maintain the national scenic MCINNIS), amends the National Trails products in hand visiting the St. Helena Is- and national historic trails (referred to in this Systems Act to clarify Federal author- land Light Station. Prohibition of these Act as the ‘‘trails’’), the rate of progress towards ity relating to land acquisition from risky activities would carry more enforce- developing and completing the trails is slower willing sellers. The gentleman from ment weight if included in deeds. than anticipated. Colorado is to be commended for cor- 3. The limitation on commercial activities (2) Nine national scenic and historic trails recting a long-standing problem with cannot exclude fund raising for restoration, were authorized by Congress between 1978 and the National Trails System Act. preservation and operational expenses. 1986 with restrictions totally excluding Federal Mr. Speaker, under the existing stat- 4. Michigan Lighthouse Project: This col- authority for land acquisition. To complete ute, nine national scenic and historic laboration of agencies and organizations to these trails as intended by Congress, acquisition trails have restrictions preventing the authority to secure necessary rights-of-way and facilitate the transfer of historic light sta- Federal Government from acquiring tions in the State of Michigan can be a historic sites and segments, limited to acquisi- model for other states and regions. tion from willing sellers only, and specifically land from the trails outside of the exte- 5. The State of Michigan, and possibly excluding condemnation, should be extended to rior boundaries of any federally admin- other states, has a law of public trust that the Secretary administering those trails. istered area. This bill would allow prohibits certain uses of bottomlands upon SEC. 3. SENSE OF CONGRESS. lands to be purchased by the Federal which the off-shore lights in the State of It is the sense of Congress that in order to ad- Government. However, H.R. 2267 spe- Michigan are built. The interpretation of dress the problems involving multijurisdictional cifically provides that such purchase this ‘‘public trust’’ needs to be resolved in authority over the national trails system, the can only be made with the consent of order for any of these light stations to be head of each Federal agency with jurisdiction the owner of the land or interest. transferred. In the meanwhile long-term over an individual trail should— Mr. Speaker, I urge my colleagues to leases can transfer control; but there needs (1) cooperate with appropriate officials of support H.R. 2267, as amended. to be a little transfer provision for the lessee States and political subdivisions of States and Mr. Speaker, I reserve the balance of should the public trust law be resolved. private persons with an interest in the trails to 6. All eligible entities need to have access pursue the development of the trails; and my time. ´ to surplus Federal personal property i.e. gen- (2) be granted sufficient authority to purchase Mr. ROMERO-BARCELO. Mr. Speak- erators, boats and other needed supplies. lands from willing sellers that are critical to the er, I yield myself such time as I may 7. Group insurance, liability and theft/van- completion of the trails. consume. ´ dalism for valuable historic artifacts, coordi- SEC. 4. INTENT. (Mr. ROMERO-BARCELO asked and nated with these transfers needs to be a con- It is the intent of Congress that lands or inter- was given permission to revise and ex- sideration. ests in lands for the 9 components of the Na- tend his remarks.) September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8141 ´ Mr. ROMERO-BARCELO. Mr. Speak- ket value certain public land located (A) the land identified on the map for disposal er, as currently written, the National within that county, and for other pur- within 1 year, comprising approximately 4,817 Trails Systems Act authorizes the Fed- poses, as amended. acres; and The Clerk read as follows: (B) the land identified on the map for disposal eral Government to acquire property within 5 years, comprising approximately 8,683 for use as part of a national trail in H.R. 2752 acres. some cases and not in others. Still in Be it enacted by the Senate and House of Rep- (2) MAP.—The map described in paragraph (1) other instances, Federal authority re- resentatives of the United States of America in shall be available for public inspection in the garding land purchases under the act is Congress assembled, Ely Field Office of the Bureau of Land Manage- simply unclear. The development of a SECTION 1. SHORT TITLE. ment. system of trails that is truly national This Act may be cited as the ‘‘Lincoln County (c) SEGREGATION.—Subject to valid existing Land Act of 2000’’. rights, the land described in subsection (b) is in scope has been slower than sup- segregated from all forms of entry and appro- SEC. 2. FINDINGS AND PURPOSE. porters of the program had hoped, and priation (except for competitive sale) under the (a) FINDINGS.—Congress finds that— we fear that this inconsistency regard- public land laws, including the mining laws, (1) Lincoln County, Nevada, encompasses an ing Federal land acquisition may be a and from operation of the mineral leasing and area of 10,132 square miles of the State of Ne- geothermal leasing laws. contributing factor. vada; (d) COMPLIANCE WITH LOCAL PLANNING AND H.R. 2267 has strong bipartisan sup- (2) approximately 98 percent of the County is ZONING.—The Secretary shall ensure that quali- port, and it will amend the act to owned by the Federal Government; specify that as long as there is a will- fied bidders intend to comply with— (3) the city of Mesquite, Nevada, needs land (1) County and City zoning ordinances; and ing seller, the Federal Government for an organized approach for expansion to the (2) any master plan for the area developed may acquire land under the Trails Act. north; and approved by the County and City. (4) citizens of the County would benefit We support such a change in the hope SEC. 5. DISPOSITION OF PROCEEDS. through enhanced county services and schools that clarity on this issue will allow the (a) LAND SALES.—Of the gross proceeds of from the increased private property tax base due sales of land under this Act in a fiscal year— development of a national trails sys- to commercial and residential development; (1) 5 percent shall be paid directly to the State tem to progress more quickly. We urge (5) the County would see improvement to the of Nevada for use in the general education pro- our colleagues to support H.R. 2267. budget for the county and school services gram of the State; Mr. Speaker, I reserve the balance of through the immediate distribution of sale re- (2) 10 percent shall be returned to the County my time. ceipts from the Secretary selling land through a for use as determined through normal county Mr. HANSEN. Mr. Speaker, I yield competitive bidding process; budgeting procedures, with emphasis given to (6) a cooperative approach among the Bureau such time as he may consume to the support of schools, of which no amount may be of Land Management, the County, the City, and gentleman from Colorado (Mr. used in support of litigation against the Federal other local government entities will ensure con- Government; and MCINNIS), the author of this legisla- tinuing communication between those entities; tion. (3) the remainder shall be deposited in a spe- (7) the Federal Government will be fairly com- cial account in the Treasury of the United Mr. MCINNIS. Mr. Speaker, first of pensated for the sale of public land; and all, I would like to extend special rec- States (referred to in this section as the ‘‘special (8) the proposed Caliente Management Frame- account’’) for use as provided in subsection (b). ognition to two individuals in Colo- work Amendment and Environmental Impact (b) AVAILABILITY OF SPECIAL ACCOUNT.— rado, Bruce and Paula Ward, who have Statement for the Management of Desert Tor- (1) IN GENERAL.—Amounts in the special ac- given deep devotion to the Continental toise Habitat Plan identify specific public land count (including amounts earned as interest Divide Trail; and without their efforts, as being suitable for disposal. under paragraph (3)) shall be available to the (b) PURPOSES.—The purposes of this Act are— Secretary of the Interior, without further Act of we would not be able to see progress (1) to provide for the orderly disposal of cer- like we have seen. appropriation, and shall remain available until tain public land in the County; and expended, for— With that said, I want to thank the (2) to provide for the acquisition of environ- (A) inventory, evaluation, protection, and chairman, the gentleman from Utah mentally sensitive land in the State of Nevada. management of unique archaeological resources (Mr. HANSEN). I also want to thank Tod SEC. 3. DEFINITIONS. (as defined in section 3 of the Archaeological and Allen for their efforts in regard to In this Act: Resources Protection Act of 1979 (16 U.S.C. this. And last, but not least, I also (1) CITY.—The term ‘‘City’’ means the city of 470bb)) in the County; want to thank the gentleman from Mesquite, Nevada. (B) development of a multispecies habitat con- ´ (2) COUNTY.—The term ‘‘County’’ means Lin- Puerto Rico (Mr. ROMERO-BARCELO). servation plan in the County; coln County, Nevada. Mr. Speaker, I think that the chair- (C)(i) reimbursement of costs incurred by the (3) SECRETARY.—The term ‘‘Secretary’’ means Nevada State Office and the Ely Field Office of man of the committee, the gentleman the Secretary of the Interior. the Bureau of Land Management in preparing from Utah, has adequately explained (4) SPECIAL ACCOUNT.—The term ‘‘special ac- sales under this Act, or other authorized land the bill in its fullness and within all count’’ means the account in the Treasury of sales within the County, including the costs of four corners. ´ the United States established under section 5. land boundary surveys, compliance with the Mr. ROMERO-BARCELO. Mr. Speak- SEC. 4. DISPOSAL OF LAND. National Environmental Policy Act of 1969 (42 er, I have no further requests for time, (a) DISPOSAL.— U.S.C. 4321 et seq.), appraisals, environmental and I yield back the balance of my (1) IN GENERAL.—As soon as practicable after and cultural clearances, and any public notice; time. the date of enactment of this Act, notwith- and standing the land use planning and land sale (ii) processing public land use authorizations Mr. HANSEN. Mr. Speaker, I have no requirements contained in sections 202 and 203 and rights-of-way stemming from development further requests for time, and I yield of the Federal Land Policy and Management of the conveyed land; and back the balance of my time. Act of 1976 (43 U.S.C. 1711, 1712), the Secretary, (D) the cost of acquisition of environmentally The SPEAKER pro tempore. The in cooperation with the County and the City, in sensitive land or interests in such land in the question is on the motion offered by accordance with this Act, the Federal Land Pol- State of Nevada, with priority given to land out- the gentleman from Utah (Mr. HANSEN) icy and Management Act of 1976 (43 U.S.C. 1701 side Clark County. that the House suspend the rules and et seq.), and other applicable law, and subject to (2) ACQUISITION FROM WILLING SELLERS.—An valid existing rights, shall dispose of the land acquisition under paragraph (1)(D) shall be pass the bill, H.R. 2267, as amended. made only from a willing seller and after con- The question was taken; and (two- described in subsection (b) in a competitive bid- ding process, at a minimum, for fair market sultation with the State of Nevada and units of thirds having voted in favor thereof) value. local government under the jurisdiction of the rules were suspended and the bill, (2) TIMING.—The Secretary shall dispose of— which the environmentally sensitive land is lo- as amended, was passed. (A) the land described in subsection (b)(1)(A) cated. A motion to reconsider was laid on not later than 1 year after the date of enactment (c) INVESTMENT OF SPECIAL ACCOUNT.—All the table. of this Act; and funds deposited as principal in the special ac- count shall earn interest in the amount deter- f (B) the land described in subsection (b)(1)(B) not later than 5 years after the date of enact- mined by the Secretary of the Treasury on the LINCOLN COUNTY LAND ACT OF ment of this Act. basis of the current average market yield on 2000 (b) LAND DESCRIPTION.— outstanding marketable obligations of the (1) IN GENERAL.—The land referred to in sub- United States of comparable maturities. Mr. HANSEN. Mr. Speaker, I move to section (a) is the land depicted on the map enti- SEC. 6. ACQUISITIONS. suspend the rules and pass the bill tled ‘‘Public Lands Identified for Disposal in (a) DEFINITION OF ENVIRONMENTALLY SEN- (H.R. 2752) to give Lincoln County, Ne- Lincoln County, Nevada’’ and dated July 24, SITIVE LAND.—In this section, the term ‘‘envi- vada, the right to purchase at fair mar- 2000, consisting of— ronmentally sensitive land’’ means land or an H8142 CONGRESSIONAL RECORD — HOUSE September 26, 2000 interest in land, the acquisition of which by the tern of private ownership mixed with b 1815 United States would, in the judgment of the public lands poses many problems for We believe H.R. 2752 should be con- Secretary— Federal land managers. H.R. 2752 would sistent with existing law. And although (1) promote the preservation of natural, sci- help resolve this problem by allowing entific, aesthetic, historical, cultural, water- we hope that this matter would be ad- shed, wildlife, and other values contributing to some of these lands to be made avail- dressed before final action is taken on public enjoyment and biological diversity; able to the private sector. The increase the measure, we will not object to pas- (2) enhance recreational opportunities and of private lands would also increase the sage today of H.R. 2752. public access; revenue on county tax rolls, thereby Mr. Speaker, I reserve the balance of (3) provide the opportunity to achieve better providing much needed resources for my time. management of public land through consolida- Lincoln County schoolchildren. Mr. HANSEN. Mr. Speaker, I am tion of Federal ownership; or Mr. Speaker, I reiterate my support happy to yield such time as he may (4) otherwise serve the public interest. for H.R. 2752 and ask for my colleagues’ (b) ACQUISITIONS.— consume to the gentleman from Ne- (1) IN GENERAL.—After the consultation proc- endorsement to grant Lincoln County vada (Mr. GIBBONS) the author of this ess has been completed in accordance with sub- the right to purchase pieces of public legislation. section (c), the Secretary may acquire with the land at a fair market price. I urge all Mr. GIBBONS. Mr. Speaker, I thank proceeds of the special account environmentally my colleagues to support H.R. 2752, as the chairman for yielding me the time sensitive land and interests in environmentally amended. to speak on this important piece of leg- sensitive land. Land may not be acquired under Mr. Speaker, I reserve the balance of islation for the Second District of Ne- this section without the consent of the land- my time. ´ vada. owner. Mr. ROMERO-BARCELO. Mr. Speak- Mr. Speaker, although America is en- (2) USE OF OTHER FUNDS.—Funds made avail- er, I yield myself such time as I may able from the special account may be used with during what I believe to be one of the any other funds made available under any other consume. ´ most unprecedented economic boom provision of law. (Mr. ROMERO-BARCELO asked and times of all, not every American is ben- (c) CONSULTATION.—Before initiating efforts was given permission to revise and ex- efitting from these most economic to acquire land under this subsection, the Sec- tend his remarks.) ´ prosperity times. And that is certainly retary shall consult with the State of Nevada Mr. ROMERO-BARCELO. Mr. Speak- the concern in Nevada, because some of and with local government within whose juris- er, H.R. 2752, introduced by the gen- the constituents in Lincoln County be- diction the land is located, including appro- tleman from Nevada (Mr. GIBBONS), di- priate planning and regulatory agencies, and lieve that this economic boom has rects the Secretary of the Interior to passed them by. with other interested persons, concerning the provide for the sale of nearly 5,000 necessity of making the acquisition, the poten- Mr. Speaker, since Nevada’s historic tial impacts on State and local government, and acres of public land in Lincoln County, inclusion as a State to this Nation, the other appropriate aspects of the acquisition. Nevada. The bill, as amended, directs Federal Government has laid claim to (d) ADMINISTRATION.—On acceptance of title that the proceeds from any such sales a very large percentage of the land by the United States, land and interests in land be distributed on the basis of 5 percent within the State boundaries and Ne- acquired under this section that is within the to the State of Nevada, 10 percent to vada counties are in a catch-22 because boundaries of a unit of the National Wild and Lincoln County, with the remainder of they are land locked in Federal prop- Scenic Rivers System, National Trails System, the funds deposited in a newly created National Wilderness Preservation System, any erty, unable to progress and grow and other system established by Act of Congress, or special account and available without generate taxes. And to top it all off, any national conservation or national recre- further appropriation to reimburse the the Federal Government has not ever ation area established by Act of Congress— Bureau of Land Mines for land sale completely funded their payment in (1) shall become part of the unit or area with- costs, development of a multispecies lieu of taxes as a property owner in our out further action by the Secretary; and habitat conservation plan, and the pur- State. (2) shall be managed in accordance with all chase of conservation lands in Lincoln This is a time when Congress must laws and regulations and land use plans appli- County. fight for working families, our counties cable to the unit or area. The bill, as introduced, had a number and our communities that are barely The SPEAKER pro tempore. Pursu- of serious problems; and at the hearing surviving. To help to rectify this dif- ant to the rule, the gentleman from of the Committee on Resources on H.R. ficult situation, I have introduced this Utah (Mr. HANSEN) and the gentleman 2752, the administration testified in op- bill before us today. from Puerto´ Rico (Mr. ROMERO- position to the legislation. Subsequent Lincoln County, Mr. Speaker, encom- BARCELO) each will control 20 minutes. to that hearing, discussions were held passes about 10,132 square miles of the The Chair recognizes the gentleman in an attempt to address the problems State of Nevada, which is larger, by the from Utah (Mr. HANSEN). with the bill, and an agreement was way, than the State of Maryland, 98 Mr. HANSEN. Mr. Speaker, I yield worked out on all issues except the dis- percent of which is owned by the Fed- myself such time as I may consume. tribution of the land sale receipts. eral Government. Mr. Speaker, I first would like to Under current law, 95 percent of With only 2 percent of the property thank my colleague, the gentleman these sale receipts would go to the Fed- for a tax base, the revenues that that from Nevada (Mr. GIBBONS), for his ef- eral Government for deposit into the county is able to generate for their forts in introducing this bill. He has Land and Water Conservation Fund, highways and roads, schools, and infra- worked diligently in preparing this leg- with the remaining 5 percent distrib- structure is about $1.1 million; and islation, and I urge the Members’ con- uted to the State. The lands identified that is not enough to even provide the sideration and support of H.R. 2752. for sale by this bill are already being basic services needed and mandated by This bill would grant Lincoln Coun- sold for the purpose of expanding the laws to the citizens of that county. ty, Nevada, the exclusive right to pur- local tax base and generating local rev- Lincoln County School District is in chase pieces of public land at fair mar- enues. Thus, we must question whether a critical situation, as its elementary ket value for a 10-year period. The bill a specific revenue-sharing provision for and high schools are literally uninhab- would also withdraw such lands from Lincoln County is justified. It is a ben- itable because of the lack of private all forms of entry and appropriations efit that is not being provided to other property tax funds necessary to main- under public land laws, including the counties. This is not the southern Ne- tain them. And I know because I have mining law, and from operation of the vada situation, where Clark County had the opportunity to visit them and mineral leasing and geothermal laws was providing utilities that signifi- see for myself what is going on there. during the 10-year period. cantly enhanced the value of public If Lincoln County is unable to pro- Located in southeastern Nevada, Lin- lands being sold. vide an adequate education to its coln County encompasses 6.8 million Mr. Speaker, the proposed distribu- young people, its future is in serious acres, making it the third largest coun- tion of land sale receipts by H.R. 2752 jeopardy. So by allowing the BLM the ty in the State. Despite its large size, runs counter to what the Congress did opportunity to sell land that it wants Lincoln County remains lightly popu- just 3 months ago in passing as part of to divest itself of, a set amount of Fed- lated and nearly 90 percent of the land the Baca Ranch legislation, a national erally owned land, it will increase Lin- is under Federal ownership. This pat- public land sale program. coln County’s annual property tax base September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8143 by more than 10 times once it is fully Dayton Aviation Heritage National small amount of non-Federal land put to use. Historical Park and to authorize appro- within it. In fact, when the land is simply pur- priations for that park, as amended. Mr. Speaker, we request that this bill chased by private individuals, it will The Clerk read as follows: pass with an amendment which is pure- immediately double the tax base of H.R. 5036 ly technical in nature. In the intro- Lincoln County. Be it enacted by the Senate and House of Rep- duced bill, the map for the land parcels H.R. 2752 stipulates that a small por- resentatives of the United States of America in to be included in this legislation was tion of the money derived by the sale Congress assembled, not numbered or dated. Since that will stay in Nevada to benefit Nevada’s SECTION 1. SHORT TITLE. time, we have the information and this students, its infrastructure, and the This Act may be cited as the ‘‘Dayton is reflected in the amendment. This is environment. Five percent of this Aviation Heritage Preservation Amendments a bipartisan measure, has support from money will go directly to the State Act of 2000’’. the National Park Service, and I urge education fund. That is a common SEC. 2. REVISION OF DAYTON AVIATION HERIT- my colleagues for their support on H.R. practice that we have done in the past. AGE PRESERVATION ACT OF 1992. 5036, as amended. (a) AREAS INCLUDED IN PARK.—Section Mr. Speaker, I reserve the balance of Ten percent, however, of the money 101(b) of the Dayton Aviation Heritage Pres- will go to Lincoln County to rebuild my time. ´ ervation Act of 1992 (16 U.S.C. 410ww(b)) is Mr. ROMERO-BARCELO. Mr. Speak- these condemned schools. amended to read as follows: er, I yield myself such time as I may The remaining bulk of the money ‘‘(b) AREAS INCLUDED.—The park shall con- will be used by the BLM in our State to sist of the following sites, as generally de- consume. ´ (Mr. ROMERO-BARCELO asked and protect archaeological resources, de- picted on a map entitled ‘Dayton Aviation was given permission to revise and ex- velop a multi-species habitat conserva- Heritage National Historical Park’, num- tend his remarks.) tion plan and cover the costs associ- bered 362–80,010 and dated September 1, 2000: ´ ‘‘(1) A core parcel in Dayton, Ohio, which Mr. ROMERO-BARCELO. Mr. Speak- ated with these land sales, among shall consist of the Wright Cycle Company er, H.R. 5036, introduced by our friend other things. building, Hoover Block, and lands between. the gentleman from Ohio (Mr. HALL), Under this legislation, the children of ‘‘(2) The Setzer building property (also amends the Dayton Aviation Heritage Lincoln County will be able to attend known as the Aviation Trail building prop- Preservation Act of 1992 to authorize erty), Dayton, Ohio. school in a safe structure with an envi- the inclusion of several structures ronment aimed toward a good edu- ‘‘(3) The residential properties at 26 South Williams Street and at 30 South Williams within the boundaries of the Dayton cation. Aviation Heritage National Historical Lincoln County and its school dis- Street, Dayton, Ohio. ‘‘(4) Huffman Prairie Flying Field, located Park and to remove a limitation on ap- trict will gain badly needed property at Wright-Patterson Air Force Base, Ohio. propriations. tax revenues, the City of Mesquite will ‘‘(5) The Wright 1905 Flyer III and Wright The park was established by Public gain much needed room for expansion Hall, including constructed additions and at- Law 102–419 and preserves and inter- that is consistent with its master plan tached structures, known collectively as the prets resources associated with the for growth, and the Federal Govern- John W. Berry, Sr. Wright Brothers Aviation Wright Brothers and the early days of ment will be fairly compensated for the Center, Dayton, Ohio. ‘‘(6) The Paul Laurence Dunbar State Me- aviation. The park is managed under a sale of public lands. public-private partnership between the H.R. 2752 will give this rural county morial, Dayton, Ohio.’’. (b) AUTHORIZATION OF APPROPRIATIONS.— National Park Service, the Ohio His- the vital economic infusion they are Section 109 of such Act (16 U.S.C. 410ww–8) is torical Society, and local aviation his- going to need to survive and grow and amended by striking the colon after ‘‘title’’ tory organizations. allows the affected parties to control and all that follows through the end of the The National Park Service has iden- their own growth and make their own sentence and inserting a period. tified four structures that they believe land use decisions. (c) TECHNICAL CORRECTION.—Section 107 of would enhance the preservation, devel- such Act (16 U.S.C. 410ww–6) is amended by Mr. Speaker, I urge my colleagues to opment, and operation of the park. support this bill. striking ‘‘Secretary of Interior’’ and insert- ´ ing ‘‘Secretary of the Interior’’. In addition, the National Park Serv- Mr. ROMERO-BARCELO. Mr. Speak- ice has expressed concern that the cur- The SPEAKER pro tempore. Pursu- er, we have no further requests for rent cap on appropriations to non-fed- ant to the rule, the gentleman from time, and I yield back the balance of erally owned properties within the Utah (Mr. HANSEN) and the gentleman my time. boundaries of the park is overly re- from Puerto Rico (Mr. ROMERO- Mr. HANSEN. Mr. Speaker, I yield ´ strictive and severely limits the ability BARCELO) each will control 20 minutes. back the balance of my time. of the National Park Service to The Chair recognizes the gentleman The SPEAKER pro tempore (Mr. achieve the management objectives of from Utah (Mr. HANSEN). HUTCHINSON). The question is on the the park. motion offered by the gentleman from Mr. HANSEN. Mr. Speaker, I yield At the hearing before the Committee Utah (Mr. HANSEN) that the House sus- myself such time as I may consume. on Resources on H.R. 5036, the National pend the rules and pass the bill, H.R. Mr. Speaker, H.R. 5036 was intro- Park Service testified in favor of this 2752, as amended. duced by the gentleman from Ohio (Mr. legislation. We also support the bill, as The question was taken; and (two- HALL) and amends the 1992 Dayton well, and we urge our colleagues to thirds having voted in favor thereof) Aviation Heritage Preservation Act by vote for its adoption. the rules were suspended and the bill, adding three properties to the Dayton Mr. Speaker, I reserve the balance of as amended, was passed. Aviation Heritage National Historical my time. The title of the bill was amended so Park. Mr. HANSEN. Mr. Speaker, this bill as to read: ‘‘A bill to direct the Sec- The Historical Park was originally was introduced by the gentlemen from retary of Interior to sell certain public created and authorized in 1992, which Ohio (Mr. HALL) and (Mr. HOBSON), and land in Lincoln County through a com- preserves sites associated with Wilbur I am pleased to yield such time as he petitive process.’’ and Orville Wright and the early devel- may consume to the gentleman from A motion to reconsider was laid on opment of aviation. Ohio (Mr. HOBSON). the table. Yesterday I went to that site and (Mr. HOBSON asked and was given f looked at this spot. permission to revise and extend his re- The bill also removes a provision in marks.) DAYTON AVIATION HERITAGE the current law which contains a limit Mr. HOBSON. Mr. Speaker, I rise in PRESERVATION AMENDMENT of $200,000 on appropriated funds for use support of this piece of legislation. The ACTS OF 2000 on non-federally owned properties gentleman from Ohio (Mr. HALL) and Mr. HANSEN. Mr. Speaker, I move to within the boundaries of the historical myself introduced this back in 1992, the suspend the rules and pass the bill park. The cap on this appropriation has original legislation. As stated, it is a (H.R. 5036) to amend the Dayton Avia- caused concern for interpretive func- bipartisan piece of legislation. tion Heritage Preservation Act of 1992 tions, funding from other sources, and We think the park has progressed to clarify the areas included in the for a construction project which has a very well working together today. The H8144 CONGRESSIONAL RECORD — HOUSE September 26, 2000 park is fairly unusual as national kind of park. However, we have also proved August 17, 1990 (16 U.S.C. 430g–4) is parks go because it has a number of discovered that some changes are nec- amended by striking ‘‘1(b)’’ each place it ap- different locations, as has been ex- essary to ensure the continued success pears and inserting ‘‘1(c)’’. plained. The major part of it is in the of the park. The SPEAKER pro tempore. Pursu- district of the gentleman from Ohio The 100th anniversary of the Wright ant to the rule, the gentleman from (Mr. HALL). That is where they built Brothers’ first flight will be celebrated Utah (Mr. HANSEN) and the gentleman the first flying machine. in the year 2003. This park is expected from Puerto´ Rico (Mr. ROMERO- Where they learned how to fly was in to be the focal point of the Dayton fes- BARCELO) each will control 20 minutes. my district on Huffman Prairie. The tivities. Therefore, the Dayton commu- The Chair recognizes the gentleman story goes that people used to ride the nity is anxious to get the park com- from Utah (Mr. HANSEN). Inner Urban out to watch the Wright pleted as soon as possible. This legisla- Mr. HANSEN. Mr. Speaker, I yield Brothers learning to fly. tion will help get the park up and run- myself such time as I may consume. We hope that lots of people will come ning. Mr. Speaker, I rise in support of S. to our districts and to go in and see the The year 2003 is just around the cor- 1324, introduced by Senator RICK Wright Brothers museum and also go ner, and we do not have much time SANTORUM of Pennsylvania. This legis- out to the Huffman Prairie. And some left. I urge the Members to adopt this lation has a House companion, H.R. day we hope that there is not only an bill. I thank the chairman for bringing 2435, sponsored by the gentleman from interpretive center out there, but an it up at this time. ´ Pennsylvania (Mr. GOODLING). Both the actual flying machine on the prairie. Mr. ROMERO-BARCELO. Mr. Speak- senator and congressman are to be I would also like to remark, it is er, we have no further requests for commended for crafting legislation something that is not in here today but time, and I yield back the balance of which helps modify the boundaries of it is in the original park bill and it is my time. the Gettysburg National Military Park still there, is the Paul Laurence Dun- Mr. HANSEN. Mr. Speaker, I yield to include an historic resource known bar Museum. back the balance of my time. as the Wills House located within the Paul Laurence Dunbar and the The SPEAKER pro tempore. The Borough of Gettysburg. Wrights had a very unique relationship question is on the motion offered by I urge my colleagues to support this back many years ago, which is some- the gentleman from Utah (Mr. HANSEN) legislation. thing I think all of our public should that the House suspend the rules and Mr. Speaker, I reserve the balance of learn about and emulate in the rela- pass the bill, H.R. 5036, as amended. my time. ´ tions between two people who look dif- The question was taken; and (two- Mr. ROMERO-BARCELO. Mr. Speak- ferently. The Wrights and Paul Lau- thirds having voted in favor thereof) er, I yield myself such time as I may rence Dunbar established a good busi- the rules were suspended and the bill, consume. ´ ness and friendship back in those days, as amended, was passed. (Mr. ROMERO-BARCELO asked and which is something I hope we can fos- A motion to reconsider was laid on was given permission to revise and ex- ter with this park. the table. tend his remarks.) ´ We had this technical problem with f Mr. ROMERO-BARCELO. Mr. Speak- the park which we think has been er, S. 1324, which passed the Senate on GETTYSBURG NATIONAL MILI- worked out and everybody seems to be November 1999, expands the boundaries TARY PARK BOUNDARY REVI- in support of it today. of Gettysburg National Military Park SION Again, I would like to commend the to include the Wills House. The Wills gentleman from Ohio (Mr. HALL) for Mr. HANSEN. Mr. Speaker, I move to House was a place where President Lin- his work in the establishment of this suspend the rules and pass the Senate coln stayed when he went to Gettys- park. ´ bill (S. 1324) to expand the boundaries burg to deliver his famous Gettysburg Mr. ROMERO-BARCELO. Mr. Speak- of the Gettysburg National Military Address. er, I yield such time as he may con- Park to include the Wills House, and A similar bill, H.R. 2435, by the gen- sume to the gentleman from Ohio (Mr. for other purposes. tleman from Pennsylvania (Mr. GOOD- HALL). The Clerk read as follows: LING), was ordered reported by the Mr. HALL of Ohio. Mr. Speaker, I S. 1324 Committee on Resources on August 4, want to thank my friend the gen- Be it enacted by the Senate and House of Rep- 1999, but the majority took no further tleman ´from Puerto Rico (Mr. ROMERO- resentatives of the United States of America in action on that measure. BARCELO) for yielding me the time. I Congress assembled, b 1830 want to thank the chairman of the SECTION 1. GETTYSBURG NATIONAL MILITARY committee for bringing this bill up at PARK BOUNDARY REVISION. The substance of S. 1324 is non- this time, and certainly my colleague (a) IN GENERAL.—Section 1 of the Act enti- controversial. The National Park Serv- and my friend next door to me, who has tled ‘‘An Act to revise the boundary of the ice wishes to acquire the property, and Gettysburg National Military Park in the the acquisition is supported by the the adjacent district, the gentleman Commonwealth of Pennsylvania, and for from Ohio (Mr. HOBSON). He made an other purposes’’ approved August 17, 1990 (16 local community and historic preserva- important part, and his continued sup- U.S.C. 430g–4) is amended— tion groups. We support the bill as port of this park is very important. (1) by redesignating subsection (b) as sub- well, and we recommend our colleagues The purpose of the park is to pre- section (c); to vote for its adoption by the House. serve, as the gentleman from Ohio (Mr. (2) by inserting after subsection (a) the fol- Mr. Speaker, I reserve the balance of HOBSON) said, the legacy of the Wright lowing: my time. Brothers, who invented the airplane in ‘‘(b) ADDITIONAL LAND.—In addition to the Mr. HANSEN. Mr. Speaker, I yield land identified in subsection (a), the park such time as he may consume to the Dayton, Ohio. It also honors their shall also include the property commonly friend, African American poet Paul known as the Wills House located in the Bor- gentleman from Pennsylvania (Mr. Laurence Dunbar. ough of Gettysburg and identified as Tract GOODLING), who has a companion bill to This bill includes three small bound- P02–1 on the map entitled ‘Gettysburg Na- this legislation. ary changes to the park. It also elimi- tional Military Park’ numbered MARO 305/ (Mr. GOODLING asked and was given nates a cap on the appropriated funds 80,011 Segment 2, and dated April 1981, re- permission to revise and extend his re- that can be spent on the units within vised May 14, 1999.’’; and marks.) the park that are not owned by the (3) in subsection (c) (as redesignated by Mr. GOODLING. I thank the gen- Federal Government. paragraph (1)), by striking ‘‘map referred to tleman for yielding me this time. in subsection (a)’’ and inserting ‘‘maps re- The Dayton Park was an early exper- ferred to in subsections (a) and (b)’’. Mr. Speaker, I would imagine if the iment in a partnership between the Na- gentleman from Utah (Mr. HANSEN) and SEC. 2. ACQUISITION AND DISPOSAL OF LAND. tional Park Service and the non-Fed- Section 2 of the Act entitled ‘‘An Act to re- his staff said what was really on their eral property owners, and that experi- vise the boundary of the Gettysburg Na- mind about Christine O’Connor on my ment has worked well and we have tional Military Park in the Commonwealth staff and myself, it may be something gained experience in operating this of Pennsylvania, and for other purposes’’ ap- different; but I have bad news for him, September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8145 because the Battle of Gettysburg will House, will work with the National But in Garry Wills book on Gettysburg, he continue even after I am gone because Park Service in making the Wills points out that David Wills had another goal. four or five different groups will still House a keystone in the borough’s his- ``He wanted to dedicate the ground that would agree to totally disagree on what is toric pathway plan. hold them even before the corpses were best. But here is one that they can all In closing, I urge my colleagues to moved. He felt the need for artful words to agree on. support this bill. It was introduced and sweeten the poisoned air of Gettysburg.'' On November 19, 1863, Mr. Speaker, shepherded through the other body by First, David Wills asked the poets to ap- President Abraham Lincoln delivered Senator SANTORUM. I again would like pearÐLongfellow, Whittier and BryantÐbut America’s most famous speech during a to thank the gentleman from Utah (Mr. they declined. But he was able to attract Ed- brief visit to Gettysburg, Pennsyl- HANSEN) and his staff for their tenacity ward Everett, perhaps the foremost orator of vania, for the dedication of a military in doing what is best for the Gettys- the time. President Lincoln was kind of an cemetery for the war dead. But what burg community. afterthought, included among many officials. few people really know is that Presi- Mr. SOUDER. Mr. Speaker, I want to ex- No one really understood the potential impact dent Lincoln edited his final draft of press my strong support of this legislation ex- he would have, or even understood it at the the Gettysburg Address just a few panding the Gettysburg National Military Park. time. blocks away in the Wills House located The Wills House is an important historical But key facts remainÐit was David Wills in Lincoln Square in the heart of Get- property in the borough of Gettysburg. It is im- who led the effort to create the cemetery and tysburg. portant in a number of ways. he specifically hoped to accomplish what Lin- Shortly after the Battle of Gettys- The Battle at Gettysburg was critical to pre- coln actually did accomplish, an act of healing burg, Pennsylvania, Governor Andrew serving the Union, and was the high water aimed at the ages. Curtin appointed David Wills, a Gettys- mark of the Southern invasion of the North In a historical sense, it is a bonus that Lin- burg resident, to acquire 17 acres for a while the victory was hardly decisive, or even coln actually stayed at the Wills House, fin- cemetery to bury the thousands of much more than a draw, it nevertheless was ished the polishing of the speech at that Union soldiers who died during one of a pivotal point in the Civil War. house, and delivered a brief speech that But it is a legitimate question as to whether the bloodiest battles of the Civil War. evening to those gathered to greet him at the Gettysburg would be remembered as much With the dedication ceremony set for house. It is indeed a site worth inclusion in today were it not for the Gettysburg Address November 19, Mr. Wills sent a letter to this national battlefield so vital to our national by President Abraham Lincoln. President Lincoln inviting him to stay Arguably, the Gettysburg Address along memory. at his house along with Governor with the Declaration of Independence, are the Furthermore, this can be an important part Curtin and the Honorable Edward Ever- most known documents to Americans. Many of resolving some of the conflict at the most ett. Little did Mr. Everett, a well- of the phrases in the Gettysburg Address are recent battle of Gettysburg. Clearly Gettysburg needs to move its visitor known orator who had been asked to be among the only famous passages recognized the main speaker, know he would be by most Americans. Some simpleÐ``four score center from the critical area of the battlefield. It is also essential that additional storage upstaged by the President, who had and seven years ago'' and ``government of the space for priceless artifacts, with proper cli- been asked by Mr. Wills to make a few people, by the people, for the people''Ðand mate control, be created as rapidly as pos- appropriate remarks. some more complexÐ``our fathers brought sible. The day before the dedication, Presi- forth on this continent, a new nation, con- Because the new location is farther from the dent Lincoln arrived at the Gettysburg ceived in liberty, and dedicated to the propo- town, in which many local businesses have railroad station, was escorted to the sition that all men are created equal.'' Wills House where he retired to the Garry Wills, a brilliant author who is some- developed concessions dependent upon visi- second floor to finish his remarks. The times very wrong-headed, has written one of tors to the park, there is concern that the new next day, President Lincoln would de- the best books I've ever read. It is titled ``Lin- visitor center could result in financial damages liver a 2-minute speech that would so coln at Gettysburg, The Words That Remade to the borough of Gettysburg. While I disagree move the American people that it America.'' He lays out the background of the with this concern because I believe a new vis- would later be inscribed on the south speech, of the times, and, most importantly, itor center will draw more visitors for longer wall of the Lincoln Memorial, dedi- the significance of the words themselves and periods, regardless of one's views on that sub- cated in his memory and to the Union. their impact. ject, it is clear that development of the Wills 137 years later, the Gettysburg Address This remarkable short address shaped how House site in town, along with creative continues to be recited by students in we think about ourselves as a nation. Building changes around the cemetery to better high- classrooms across America and still re- on his book on the Declaration, Wills dem- light the exalted place in American history of minds Americans how close we came to onstrates that the Gettysburg Address rede- the Gettysburg Address, would draw visitors to destroying the world’s greatest and fined much of how we view government and the village itself. It would probably also add to most enduring republic. our Nation. Lincoln did this without mentioning the length of stay of the visitors, which would In light of this historical context, I Gettysburg, slavery, the North, the South, or also benefit those in the borough. believe it is fitting that the House pass even the Emancipation Proclamation. In other And, from a national perspective, this Wills S. 1324, which expands the boundaries words, he didn't speak to the immediate House site and further highlighting the memo- of Gettysburg National Military Park issues before him but in a timeless way about rable address that stands as a seminal docu- to include the Wills House. But I want the principles of our Nation. ment in understanding who we are as Ameri- to make sure that I clarify that only Gettysburg today is not just about the battle. cans, will make every American-including the Congress has the authority to expand But it is also about the Address, in how it thousands of schoolchildren who visit Gettys- the boundaries of the park which I helped turn the bitterness of the Civil War into burg each yearÐmuch richer. worked so hard to get finalized in stone nationally uniting themes. Address delivered at the dedication of the ceme- in the 1990 Gettysburg Park boundary The Wills House is a key site to Gettysburg. tery at Gettysburg. legislation. This legislation is a win- Not only did President Lincoln spend the night Four score and seven years ago our fathers win situation for both preservationists before his speech at the Wills House, and brought forth on this continent, a new na- and the Borough of Gettysburg. It not tion, conceived in Liberty, and dedicated to probably did his final editing at the home, but the proposition that all men are created only will help to protect the building without David Wills efforts there would have equal. but also benefit the community by pro- been no ``Gettysburg Address.'' Now we are engaged in a great civil war, viding an opportunity for nearly 2 mil- David Wills had studied law under Thad- testing whether that nation, or any nation lion park tourists to visit downtown deus Stevens, the Radical Republican from so conceived and so dedicated, can long en- Gettysburg. Pennsylvania who was key leader in the dure. We are met on a great battle-field of I am pleased that Governor Tom House for many years. He owned the largest that war. We have come to dedicate a por- Ridge and the Commonwealth of Penn- house on the Gettsyburg Town Square. As a tion of that field, as a final resting place for sylvania have committed resources to- leading citizen, he put an end to land specula- those who here gave their lives that that na- tion might live. It is altogether fitting and ward the building’s acquisition and tion for the burial of soldiers killed at Gettys- proper that we should do this. preservation costs. I am also pleased burg, and formed an interstate commission to But, in a larger sense, we can not dedi- the Borough of Gettysburg, which has collect funds for the cleansing of the battle- cate—we can not consecrate—we can not hal- committed itself to acquiring the Wills field. low—this ground. The brave men, living and H8146 CONGRESSIONAL RECORD — HOUSE September 26, 2000 dead, who struggled here, have consecrated (5) Pursuant to the provisions of the Ha- grams, native language immersion programs it, far above our poor power to add or de- waiian Homes Commission Act, 1920 (42 Stat. and native language immersion schools from tract. The world will little note, nor long re- 108, chapter 42), the United States set aside kindergarten through high school, as well as member what we say here, but it can never 203,500 acres of land in the Federal territory college and master’s degree programs in na- forget what they did here. It is for us the liv- that later became the State of Hawaii to ad- tive language immersion instruction, and ing, rather, to be dedicated here to the unfin- dress the conditions of Native Hawaiians. traditional justice programs, and by con- ished work which they who fought here have (6) By setting aside 203,500 acres of land for tinuing their efforts to enhance Native Ha- thus far so nobly advanced. It is rather for us Native Hawaiian homesteads and farms, the waiian self-determination and local control. to be here dedicated to the great task re- Act assists the Native Hawaiian community (17) Native Hawaiians are actively engaged maining before us—that from these honored in maintaining distinct native settlements in Native Hawaiian cultural practices, tradi- dead we take increased devotion to that throughout the State of Hawaii. tional agricultural methods, fishing and sub- cause for which they gave the last full meas- (7) Approximately 6,800 Native Hawaiian sistence practices, maintenance of cultural ure of devotion—that we here highly resolve lessees and their family members reside on use areas and sacred sites, protection of bur- that these dead shall not have died in vain— Hawaiian Home Lands and approximately ial sites, and the exercise of their traditional that this nation, under God, shall have a new 18,000 Native Hawaiians who are eligible to rights to gather medicinal plants and herbs, birth of freedom—and that government of reside on the Home Lands are on a waiting and food sources. the people, by the people, for the people, list to receive assignments of land. (18) The Native Hawaiian people wish to shall not perish from the earth. (8) In 1959, as part of the compact admit- preserve, develop, and transmit to future Na- ting Hawaii into the United States, Congress November 19, 1863. tive Hawaiian generations their ancestral established the Ceded Lands Trust for 5 pur- ABRAHAM LINCOLN. lands and Native Hawaiian political and cul- ´ poses, 1 of which is the betterment of the tural identity in accordance with their tradi- Mr. ROMERO-BARCELO. Mr. Speak- conditions of Native Hawaiians. Such trust tions, beliefs, customs and practices, lan- er, I have no further requests for time, consists of approximately 1,800,000 acres of guage, and social and political institutions, and I yield back the balance of my land, submerged lands, and the revenues de- and to achieve greater self-determination time. rived from such lands, the assets of which over their own affairs. Mr. HANSEN. Mr. Speaker, I yield have never been completely inventoried or segregated. (19) This Act provides for a process within back the balance of my time. the framework of Federal law for the Native The SPEAKER pro tempore (Mr. (9) Throughout the years, Native Hawai- ians have repeatedly sought access to the Hawaiian people to exercise their inherent HUTCHINSON). The question is on the Ceded Lands Trust and its resources and rev- rights as a distinct aboriginal, indigenous, motion offered by the gentleman from enues in order to establish and maintain na- native community to reorganize a Native Utah (Mr. HANSEN) that the House sus- tive settlements and distinct native commu- Hawaiian government for the purpose of giv- pend the rules and pass the Senate bill, nities throughout the State. ing expression to their rights as native peo- S. 1324. (10) The Hawaiian Home Lands and the ple to self-determination and self-govern- Ceded Lands provide an important founda- ance. The question was taken; and (two- (20) The United States has declared that— thirds having voted in favor thereof) tion for the ability of the Native Hawaiian community to maintain the practice of Na- (A) the United States has a special respon- the rules were suspended and the Sen- tive Hawaiian culture, language, and tradi- sibility for the welfare of the native peoples ate bill was passed. tions, and for the survival of the Native Ha- of the United States, including Native Ha- A motion to reconsider was laid on waiian people. waiians; the table. (11) Native Hawaiians have maintained (B) Congress has identified Native Hawai- ians as a distinct indigenous group within f other distinctly native areas in Hawaii. (12) On November 23, 1993, Public Law 103– the scope of its Indian affairs power, and has EXPRESSING POLICY OF UNITED 150 (107 Stat. 1510) (commonly known as the enacted dozens of statutes on their behalf pursuant to its recognized trust responsi- STATES REGARDING ITS RELA- Apology Resolution) was enacted into law, extending an apology on behalf of the United bility; and TIONSHIP WITH NATIVE HAWAI- States to the Native people of Hawaii for the (C) Congress has also delegated broad au- IANS United States role in the overthrow of the thority to administer a portion of the Fed- Mr. HANSEN. Mr. Speaker, I move to Kingdom of Hawaii. eral trust responsibility to the State of Ha- suspend the rules and pass the bill (13) The Apology Resolution acknowledges waii. (21) The United States has recognized and (H.R. 4904) to express the policy of the that the overthrow of the Kingdom of Hawaii occurred with the active participation of reaffirmed the special trust relationship United States regarding the United agents and citizens of the United States and with the Native Hawaiian people through— States relationship with Native Hawai- further acknowledges that the Native Hawai- (A) the enactment of the Act entitled ‘‘An ians, and for other purposes, as amend- ian people never directly relinquished their Act to provide for the admission of the State ed. claims to their inherent sovereignty as a of Hawaii into the Union’’, approved March The Clerk read as follows: people over their national lands to the 18, 1959 (Public Law 86–3; 73 Stat. 4) by— United States, either through their mon- (i) ceding to the State of Hawaii title to H.R. 4904 archy or through a plebiscite or referendum. the public lands formerly held by the United Be it enacted by the Senate and House of Rep- (14) The Apology Resolution expresses the States, and mandating that those lands be resentatives of the United States of America in commitment of Congress and the President held in public trust for 5 purposes, one of Congress assembled, to acknowledge the ramifications of the which is for the betterment of the conditions SECTION 1. FINDINGS. overthrow of the Kingdom of Hawaii and to of Native Hawaiians; and Congress makes the following findings: support reconciliation efforts between the (ii) transferring the United States respon- (1) The Constitution vests Congress with United States and Native Hawaiians; and to sibility for the administration of the Hawai- the authority to address the conditions of have Congress and the President, through ian Home Lands to the State of Hawaii, but the indigenous, native people of the United the President’s designated officials, consult retaining the authority to enforce the trust, States. with Native Hawaiians on the reconciliation including the exclusive right of the United (2) Native Hawaiians, the native people of process as called for under the Apology Reso- States to consent to any actions affecting the Hawaiian archipelago which is now part lution. the lands which comprise the corpus of the of the United States, are indigenous, native (15) Despite the overthrow of the Hawaiian trust and any amendments to the Hawaiian people of the United States. government, Native Hawaiians have contin- Homes Commission Act, 1920 (42 Stat. 108, (3) The United States has a special trust ued to maintain their separate identity as a chapter 42) that are enacted by the legisla- relationship to promote the welfare of the distinct native community through the for- ture of the State of Hawaii affecting the native people of the United States, including mation of cultural, social, and political in- beneficiaries under the Act. Native Hawaiians. stitutions, and to give expression to their (22) The United States continually has rec- (4) Under the treaty making power of the rights as native people to self-determination ognized and reaffirmed that— United States, Congress exercised its con- and self-governance as evidenced through (A) Native Hawaiians have a cultural, his- stitutional authority to confirm a treaty be- their participation in the Office of Hawaiian toric, and land-based link to the aboriginal, tween the United States and the government Affairs. native people who exercised sovereignty over that represented the Hawaiian people, and (16) Native Hawaiians also maintain a dis- the Hawaiian Islands; from 1826 until 1893, the United States recog- tinct Native Hawaiian community through (B) Native Hawaiians have never relin- nized the independence of the Kingdom of the provision of governmental services to quished their claims to sovereignty or their Hawaii, extended full diplomatic recognition Native Hawaiians, including the provision of sovereign lands; to the Hawaiian government, and entered health care services, educational programs, (C) the United States extends services to into treaties and conventions with the Ha- employment and training programs, chil- Native Hawaiians because of their unique waiian monarchs to govern commerce and dren’s services, conservation programs, fish status as the aboriginal, native people of a navigation in 1826, 1842, 1849, 1875, and 1887. and wildlife protection, agricultural pro- once sovereign nation with whom the United September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8147

States has a political and legal relationship; (10) ROLL.—The term ‘‘roll’’ means the roll of this Act, fully integrate the principle and and that is developed under the authority of sec- practice of meaningful, regular, and appro- (D) the special trust relationship of Amer- tion 7(a) of this Act. priate consultation with the Native Hawai- ican Indians, Alaska Natives, and Native Ha- (11) SECRETARY.—The term ‘‘Secretary’’ ian government by providing timely notice waiians to the United States arises out of means the Secretary of the Interior. to, and consulting with the Native Hawaiian their status as aboriginal, indigenous, native (12) TASK FORCE.—The term ‘‘Task Force’’ people and the Native Hawaiian government people of the United States. means the Native Hawaiian Interagency prior to taking any actions that may have Task Force established under the authority the potential to significantly affect Native SEC. 2. DEFINITIONS. of section 6 of this Act. Hawaiian resources, rights, or lands; In this Act: SEC. 3. UNITED STATES POLICY AND PURPOSE. (4) consult with the Native Hawaiian Inter- (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- (a) POLICY.—The United States reaffirms agency Task Force, other Federal agencies, PLE.—The term ‘‘aboriginal, indigenous, na- that— and with relevant agencies of the State of tive people’’ means those people whom Con- (1) Native Hawaiians are a unique and dis- Hawaii on policies, practices, and proposed gress has recognized as the original inhab- tinct aboriginal, indigenous, native people, actions affecting Native Hawaiian resources, itants of the lands and who exercised sov- with whom the United States has a political rights, or lands; ereignty prior to European contact in the and legal relationship; (5) be responsible for the preparation and areas that later became part of the United (2) the United States has a special trust re- submittal to the Committee on Indian Af- States. lationship to promote the welfare of Native fairs of the Senate, the Committee on En- (2) ADULT MEMBERS.—The term ‘‘adult Hawaiians; ergy and Natural Resources of the Senate, members’’ means those Native Hawaiians (3) Congress possesses the authority under and the Committee on Resources of the who have attained the age of 18 at the time the Constitution to enact legislation to ad- House of Representatives of an annual report the Secretary publishes the final roll, as pro- dress the conditions of Native Hawaiians and detailing the activities of the Interagency vided in section 7(a)(3) of this Act. has exercised this authority through the en- Task Force established under section 6 of (3) APOLOGY RESOLUTION.—The term ‘‘Apol- actment of— this Act that are undertaken with respect to ogy Resolution’’ means Public Law 103–150 (A) the Hawaiian Homes Commission Act, the continuing process of reconciliation and (107 Stat. 1510), a joint resolution offering an 1920 (42 Stat. 108, chapter 42); to effect meaningful consultation with the apology to Native Hawaiians on behalf of the (B) the Act entitled ‘‘An Act to provide for Native Hawaiian people and the Native Ha- United States for the participation of agents the admission of the State of Hawaii into the waiian government and providing rec- of the United States in the January 17, 1893 Union’’, approved March 18, 1959 (Public Law ommendations for any necessary changes to overthrow of the Kingdom of Hawaii. 86–3; 73 Stat. 4); and existing Federal statutes or regulations pro- (4) CEDED LANDS.—The term ‘‘ceded lands’’ (C) more than 150 other Federal laws ad- mulgated under the authority of Federal means those lands which were ceded to the dressing the conditions of Native Hawaiians; law; United States by the Republic of Hawaii (4) Native Hawaiians have— (6) be responsible for continuing the proc- under the Joint Resolution to provide for an- (A) an inherent right to autonomy in their ess of reconciliation with the Native Hawai- nexing the Hawaiian Islands to the United internal affairs; ian people, and upon the recognition of the States of July 7, 1898 (30 Stat. 750), and which (B) an inherent right of self-determination Native Hawaiian government by the United were later transferred to the State of Hawaii and self-governance; States as provided for in section 7(d)(2) of in the Act entitled ‘‘An Act to provide for (C) the right to reorganize a Native Hawai- this Act, be responsible for continuing the the admission of the State of Hawaii into the ian government; and process of reconciliation with the Native Ha- Union’’ approved March 18, 1959 (Public Law (D) the right to become economically self- waiian government; and 86–3; 73 Stat. 4). sufficient; and (7) assist the Native Hawaiian people in fa- (5) COMMISSION.—The term ‘‘Commission’’ (5) the United States shall continue to en- cilitating a process for self-determination, means the commission established in section gage in a process of reconciliation and polit- including but not limited to the provision of 7 of this Act to certify that the adult mem- ical relations with the Native Hawaiian peo- technical assistance in the development of bers of the Native Hawaiian community con- ple. the roll under section 7(a) of this Act, the or- tained on the roll developed under that sec- (b) PURPOSE.—It is the intent of Congress ganization of the Native Hawaiian Interim tion meet the definition of Native Hawaiian, that the purpose of this Act is to provide a Governing Council as provided for in section as defined in paragraph (7)(A). process for the reorganization of a Native 7(c) of this Act, and the recognition of the (6) INDIGENOUS, NATIVE PEOPLE.—The term Hawaiian government and for the recogni- Native Hawaiian government as provided for ‘‘indigenous, native people’’ means the lineal tion by the United States of the Native Ha- in section 7(d) of this Act. descendants of the aboriginal, indigenous, waiian government for purposes of con- (c) AUTHORITY.—The United States Office native people of the United States. tinuing a government-to-government rela- for Native Hawaiian Affairs is authorized to (7) NATIVE HAWAIIAN.— tionship. enter into a contract with or make grants (A) Prior to the recognition by the United SEC. 4. ESTABLISHMENT OF THE UNITED STATES for the purposes of the activities authorized States of a Native Hawaiian government OFFICE FOR NATIVE HAWAIIAN AF- or addressed in section 7 of this Act for a pe- under the authority of section 7(d)(2) of this FAIRS. riod of 3 years from the date of enactment of Act, the term ‘‘Native Hawaiian’’ means the (a) IN GENERAL.—There is established with- this Act. indigenous, native people of Hawaii who are in the Office of the Secretary the United SEC. 5. DESIGNATION OF DEPARTMENT OF JUS- the lineal descendants of the aboriginal, in- States Office for Native Hawaiian Affairs. TICE REPRESENTATIVE. digenous, native people who resided in the is- (b) DUTIES OF THE OFFICE.—The United The Attorney General shall designate an lands that now comprise the State of Hawaii States Office for Native Hawaiian Affairs appropriate official within the Department on or before January 1, 1893, and who occu- shall— of Justice to assist the United States Office pied and exercised sovereignty in the Hawai- (1) effectuate and coordinate the special for Native Hawaiian Affairs in the imple- ian archipelago, including the area that now trust relationship between the Native Hawai- mentation and protection of the rights of constitutes the State of Hawaii, and includes ian people and the United States through the Native Hawaiians and their political, legal, all Native Hawaiians who were eligible in Secretary, and with all other Federal agen- and trust relationship with the United 1921 for the programs authorized by the Ha- cies; States, and upon the recognition of the Na- waiian Homes Commission Act (42 Stat. 108, (2) upon the recognition of the Native Ha- tive Hawaiian government as provided for in chapter 42) and their lineal descendants. waiian government by the United States as section 7(d)(2) of this Act, in the implemen- (B) Following the recognition by the provided for in section 7(d)(2) of this Act, ef- tation and protection of the rights of the Na- United States of the Native Hawaiian gov- fectuate and coordinate the special trust re- tive Hawaiian government and its political, ernment under section 7(d)(2) of this Act, the lationship between the Native Hawaiian gov- legal, and trust relationship with the United term ‘‘Native Hawaiian’’ shall have the ernment and the United States through the States. meaning given to such term in the organic Secretary, and with all other Federal agen- governing documents of the Native Hawaiian cies; SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK government. (3) fully integrate the principle and prac- FORCE. (8) NATIVE HAWAIIAN GOVERNMENT.—The tice of meaningful, regular, and appropriate (a) ESTABLISHMENT.—There is established term ‘‘Native Hawaiian government’’ means consultation with the Native Hawaiian peo- an interagency task force to be known as the the citizens of the government of the Native ple by providing timely notice to, and con- ‘‘Native Hawaiian Interagency Task Force’’. Hawaiian people that is recognized by the sulting with the Native Hawaiian people (b) COMPOSITION.—The Task Force shall be United States under the authority of section prior to taking any actions that may affect composed of officials, to be designated by the 7(d)(2) of this Act. traditional or current Native Hawaiian prac- President, from— (9) NATIVE HAWAIIAN INTERIM GOVERNING tices and matters that may have the poten- (1) each Federal agency that establishes or COUNCIL.—The term ‘‘Native Hawaiian In- tial to significantly or uniquely affect Na- implements policies that affect Native Ha- terim Governing Council’’ means the interim tive Hawaiian resources, rights, or lands, and waiians or whose actions may significantly governing council that is organized under upon the recognition of the Native Hawaiian or uniquely impact on Native Hawaiian re- section 7(c) of this Act. government as provided for in section 7(d)(2) sources, rights, or lands; H8148 CONGRESSIONAL RECORD — HOUSE September 26, 2000 (2) the United States Office for Native Ha- fined in section 2(7)(A) of this Act, and shall (A) develop criteria for candidates to be waiian Affairs established under section 4 of have expertise in the certification of Native elected to serve on the Native Hawaiian In- this Act; and Hawaiian ancestry. terim Governing Council; (3) the Executive Office of the President. (III) CONGRESSIONAL SUBMISSION OF SUG- (B) determine the structure of the Native (c) LEAD AGENCIES.—The Department of GESTED CANDIDATES.—In appointing members Hawaiian Interim Governing Council; and the Interior and the Department of Justice of the Commission, the Secretary may (C) elect members to the Native Hawaiian shall serve as the lead agencies of the Task choose such members from among— Interim Governing Council. Force, and meetings of the Task Force shall (aa) five suggested candidates submitted (2) ELECTION.—Upon the request of the be convened at the request of either of the by the Majority Leader of the Senate and the adult members listed on the roll developed lead agencies. Minority Leader of the Senate from a list of under the authority of subsection (a), the (d) CO-CHAIRS.—The Task Force represent- candidates provided to such leaders by the United States Office for Native Hawaiian Af- ative of the United States Office for Native Chairman and Vice Chairman of the Com- fairs may assist the Native Hawaiian com- Hawaiian Affairs established under the au- mittee on Indian Affairs of the Senate; and munity in holding an election by secret bal- thority of section 4 of this Act and the At- (bb) four suggested candidates submitted lot (absentee and mail balloting permitted), torney General’s designee under the author- by the Speaker of the House of Representa- to elect the membership of the Native Ha- ity of section 5 of this Act shall serve as co- tives and the Minority Leader of the House waiian Interim Governing Council. chairs of the Task Force. of Representatives from a list provided to (3) POWERS.— (e) DUTIES.—The responsibilities of the the Speaker and the Minority Leader by the (A) IN GENERAL.—The Native Hawaiian In- Task Force shall be— Chairman and Ranking member of the Com- terim Governing Council is authorized to (1) the coordination of Federal policies mittee on Resources of the House of Rep- represent those on the roll in the implemen- that affect Native Hawaiians or actions by resentatives. tation of this Act and shall have no powers any agency or agencies of the Federal Gov- (iii) EXPENSES.—Each member of the Com- other than those given to it in accordance ernment which may significantly or unique- mission shall be allowed travel expenses, in- with this Act. ly impact on Native Hawaiian resources, cluding per diem in lieu of subsistence, at (B) FUNDING.—The Native Hawaiian In- rights, or lands; rates authorized for employees of agencies terim Governing Council is authorized to (2) to assure that each Federal agency de- under subchapter I of chapter 57 of title 5, enter into a contract or grant with any Fed- velops a policy on consultation with the Na- United States Code, while away from their eral agency, including but not limited to, the tive Hawaiian people, and upon recognition homes or regular places of business in the United States Office for Native Hawaiian Af- of the Native Hawaiian government by the performance of services for the Commission. fairs within the Department of the Interior United States as provided in section 7(d)(2) of (B) CERTIFICATION.—The Commission shall and the Administration for Native Ameri- this Act, consultation with the Native Ha- certify that the individuals listed on the roll cans within the Department of Health and waiian government; and developed under the authority of this sub- Human Services, to carry out the activities (3) to assure the participation of each Fed- section are Native Hawaiians, as defined in set forth in subparagraph (C). eral agency in the development of the report section 2(7)(A) of this Act. (C) ACTIVITIES.— to Congress authorized in section 4(b)(5) of (3) SECRETARY.— (i) IN GENERAL.—The Native Hawaiian In- this Act. (A) CERTIFICATION.—The Secretary shall terim Governing Council is authorized to SEC. 7. PROCESS FOR THE DEVELOPMENT OF A review the Commission’s certification of the conduct a referendum of the adult members ROLL FOR THE ORGANIZATION OF A membership roll and determine whether it is listed on the roll developed under the au- NATIVE HAWAIIAN INTERIM GOV- consistent with applicable Federal law, in- thority of subsection (a) for the purpose of ERNING COUNCIL, FOR THE ORGANI- cluding the special trust relationship be- determining (but not limited to) the fol- ZATION OF A NATIVE HAWAIIAN IN- tween the United States and the indigenous, lowing: TERIM GOVERNING COUNCIL AND A native people of the United States. NATIVE HAWAIIAN GOVERNMENT, (I) The proposed elements of the organic AND FOR THE RECOGNITION OF THE (B) PUBLICATION.—Upon making the deter- governing documents of a Native Hawaiian NATIVE HAWAIIAN GOVERNMENT. mination authorized in subparagraph (A), government. (a) ROLL.— the Secretary shall publish a final roll. (II) The proposed powers and authorities to (1) PREPARATION OF ROLL.—The United (C) APPEAL.— be exercised by a Native Hawaiian govern- States Office for Native Hawaiian Affairs (i) ESTABLISHMENT OF MECHANISM.—The ment, as well as the proposed privileges and shall assist the adult members of the Native Secretary is authorized to establish a mecha- immunities of a Native Hawaiian govern- Hawaiian community who wish to partici- nism for an appeal of the Commission’s de- ment. pate in the reorganization of a Native Hawai- termination as it concerns— (III) The proposed civil rights and protec- ian government in preparing a roll for the (I) the exclusion of the name of a person tion of such rights of the citizens of a Native purpose of the organization of a Native Ha- who meets the definition of Native Hawaiian, Hawaiian government and all persons subject waiian Interim Governing Council. The roll as defined in section 2(7)(A) of this Act, from to the authority of a Native Hawaiian gov- shall include the names of the— the roll; or ernment. (A) adult members of the Native Hawaiian (II) a challenge to the inclusion of the (ii) DEVELOPMENT OF ORGANIC GOVERNING community who wish to become citizens of a name of a person on the roll on the grounds DOCUMENTS.—Based upon the referendum, the Native Hawaiian government and who are— that the person does not meet the definition Native Hawaiian Interim Governing Council (i) the lineal descendants of the aboriginal, of Native Hawaiian, as so defined. is authorized to develop proposed organic indigenous, native people who resided in the (ii) PUBLICATION; UPDATE.—The Secretary governing documents for a Native Hawaiian islands that now comprise the State of Ha- shall publish the final roll while appeals are government. waii on or before January 1, 1893, and who oc- pending, and shall update the final roll and (iii) DISTRIBUTION.—The Native Hawaiian cupied and exercised sovereignty in the Ha- the publication of the final roll upon the Interim Governing Council is authorized to waiian archipelago; or final disposition of any appeal. distribute to all adult members of those list- (ii) Native Hawaiians who were eligible in (D) FAILURE TO ACT.—If the Secretary fails ed on the roll, a copy of the proposed organic 1921 for the programs authorized by the Ha- to make the certification authorized in sub- governing documents, as drafted by the Na- waiian Homes Commission Act (42 Stat. 108, paragraph (A) within 90 days of the date that tive Hawaiian Interim Governing Council, chapter 42) or their lineal descendants; and the Commission submits the membership along with a brief impartial description of (B) the children of the adult members list- roll to the Secretary, the certification shall the proposed organic governing documents. ed on the roll prepared under this subsection. be deemed to have been made, and the Com- (iv) CONSULTATION.—The Native Hawaiian (2) CERTIFICATION AND SUBMISSION.— mission shall publish the final roll. Interim Governing Council is authorized to (A) COMMISSION.— (4) EFFECT OF PUBLICATION.—The publica- freely consult with those members listed on (i) IN GENERAL.—There is authorized to be tion of the final roll shall serve as the basis the roll concerning the text and description established a Commission to be composed of for the eligibility of adult members listed on of the proposed organic governing docu- 9 members for the purpose of certifying that the roll to participate in all referenda and ments. the adult members of the Native Hawaiian elections associated with the organization of (D) ELECTIONS.— community on the roll meet the definition of a Native Hawaiian Interim Governing Coun- (i) IN GENERAL.—The Native Hawaiian In- Native Hawaiian, as defined in section cil and the Native Hawaiian government. terim Governing Council is authorized to 2(7)(A) of this Act. (b) RECOGNITION OF RIGHTS.—The right of hold elections for the purpose of ratifying (ii) MEMBERSHIP.— the Native Hawaiian people to organize for the proposed organic governing documents, (I) APPOINTMENT.—The Secretary shall ap- their common welfare and to adopt appro- and upon ratification of the organic gov- point the members of the Commission in ac- priate organic governing documents is here- erning documents, to hold elections for the cordance with subclause (II). Any vacancy on by recognized by the United States. officers of the Native Hawaiian government. the Commission shall not affect its powers (c) ORGANIZATION OF THE NATIVE HAWAIIAN (ii) ASSISTANCE.—Upon the request of the and shall be filled in the same manner as the INTERIM GOVERNING COUNCIL.— Native Hawaiian Interim Governing Council, original appointment. (1) ORGANIZATION.—The adult members the United States Office of Native Hawaiian (II) REQUIREMENTS.—The members of the listed on the roll developed under the au- Affairs may assist the Council in conducting Commission shall be Native Hawaiian, as de- thority of subsection (a) are authorized to— such elections. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8149 (4) TERMINATION.—The Native Hawaiian In- the officers of the Native Hawaiian govern- Resources ordered H.R. 4904 favorably terim Governing Council shall have no power ment and the certifications (or deemed cer- reported on September 20, 2000. or authority under this Act after the time at tifications) by the Secretary authorized in The bill acknowledges a Federal which the duly elected officers of the Native paragraph (1), Federal recognition is hereby trust responsibility for Native Hawai- Hawaiian government take office. extended to the Native Hawaiian government ians and protects existing Native Ha- (d) RECOGNITION OF THE NATIVE HAWAIIAN as the representative governing body of the GOVERNMENT.— Native Hawaiian people. waiian programs which are legitimate (1) PROCESS FOR RECOGNITION.— (B) NO DIMINISHMENT OF RIGHTS OR PRIVI- and necessary due to unique historic (A) SUBMITTAL OF ORGANIC GOVERNING DOC- LEGES.—Nothing contained in this Act shall circumstances. The bill recognizes Na- UMENTS.—The duly elected officers of the Na- diminish, alter, or amend any existing rights tive Hawaiians’ right of self-govern- tive Hawaiian government shall submit the or privileges enjoyed by the Native Hawaiian ance as a native people and lays out a organic governing documents of the Native people which are not inconsistent with the process for Native Hawaiians to estab- Hawaiian government to the Secretary. provisions of this Act. lish a structure for self-governance. (B) CERTIFICATIONS.—Within 90 days of the SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Some have asked how funding for Na- date that the duly elected officers of the Na- There is authorized to be appropriated tive Hawaiian government submit the or- tive Hawaiian programs under this bill such sums as may be necessary to carry out ganic governing documents to the Secretary, would affect funds for Native American the activities authorized in this Act. the Secretary shall certify that the organic programs. Native Hawaiian programs governing documents— SEC. 9. REAFFIRMATION OF DELEGATION OF have always been separately funded, (i) were adopted by a majority vote of the FEDERAL AUTHORITY; NEGOTIA- and enactment of H.R. 4904 would have TIONS. adult members listed on the roll prepared no impact on program funding for (a) REAFFIRMATION.—The delegation by the under the authority of subsection (a); United States of authority to the State of American Indians or Alaskan natives. (ii) are consistent with applicable Federal Lastly, some have questioned wheth- law and the special trust relationship be- Hawaii to address the conditions of Native Hawaiians contained in the Act entitled ‘‘An er the reorganization of a Native Ha- tween the United States and the indigenous waiian government might have impli- native people of the United States; Act to provide for the admission of the State (iii) provide for the exercise of those gov- of Hawaii into the Union’’ approved March cations for gaming conducted under ernmental authorities that are recognized by 18, 1959 (Public Law 86–3; 73 Stat. 5) is hereby the Indian Gaming Regulatory Act. the United States as the powers and authori- reaffirmed. There are no Indian tribes in the State ties that are exercised by other governments (b) NEGOTIATIONS.—Upon the Federal rec- of Hawaii, nor are there any Indian res- representing the indigenous, native people of ognition of the Native Hawaiian government ervations or Indian lands. Hawaii is the United States; pursuant to section 7(d)(2) of this Act, the one of only two States in the Union, United States is authorized to negotiate and (iv) provide for the protection of the civil the other one is Utah, that criminally rights of the citizens of the Native Hawaiian enter into an agreement with the State of Hawaii and the Native Hawaiian government prohibits all forms of gaming. Accord- government and all persons subject to the ingly, a reorganized Native Hawaiian authority of the Native Hawaiian govern- regarding the transfer of lands, resources, ment, and to assure that the Native Hawai- and assets dedicated to Native Hawaiian use government could not conduct any ian government exercises its authority con- under existing law as in effect on the date of form of gaming in the State of Hawaii. sistent with the requirements of section 202 enactment of this Act to the Native Hawai- With these concerns answered, I urge of the Act of April 11, 1968 (25 U.S.C. 1302); ian government. an aye vote on this important bill for (v) prevent the sale, disposition, lease, or SEC. 10. DISCLAIMER. Hawaii. encumbrance of lands, interests in lands, or Nothing in this Act is intended to serve as Mr. Speaker, I reserve the balance of other assets of the Native Hawaiian govern- a settlement of any claims against the my time. ment without the consent of the Native Ha- United States, or to affect the rights of the Mr. ABERCROMBIE. Mr. Speaker, I waiian government; Native Hawaiian people under international yield myself such time as I may con- (vi) establish the criteria for citizenship in law. sume. the Native Hawaiian government; and SEC. 11. REGULATIONS. (Mr. ABERCROMBIE asked and was (vii) provide authority for the Native Ha- The Secretary is authorized to make such given permission to revise and extend waiian government to negotiate with Fed- rules and regulations and such delegations of eral, State, and local governments, and other his remarks.) authority as the Secretary deems necessary Mr. ABERCROMBIE. Mr. Speaker, I entities. to carry out the provisions of this Act. (C) FAILURE TO ACT.—If the Secretary fails yield myself such time as I may con- to act within 90 days of the date that the SEC. 12. SEVERABILITY. sume. duly elected officers of the Native Hawaiian In the event that any section or provision Mr. Speaker, before I yield time to government submitted the organic governing of this Act, or any amendment made by this my colleague from Hawaii, may I Act is held invalid, it is the intent of Con- documents of the Native Hawaiian govern- thank the gentleman from Utah (Mr. ment to the Secretary, the certifications au- gress that the remaining sections or provi- sions of this Act, and the amendments made HANSEN), in particular, and the rest of thorized in subparagraph (B) shall be deemed the members of the committee, both to have been made. by this Act, shall continue in full force and effect. Republican and Democrat, for their (D) RESUBMISSION IN CASE OF NONCOMPLI- support of the bill; and may I express ANCE WITH FEDERAL LAW.— The SPEAKER pro tempore. Pursu- (i) RESUBMISSION BY THE SECRETARY.—If the ant to the rule, the gentleman from yet once again publicly to my chair- man, the gentleman from Alaska (Mr. Secretary determines that the organic gov- Utah (Mr. HANSEN) and the gentleman YOUNG), my profound gratitude for his erning documents, or any part thereof, are from Hawaii (Mr. ABERCROMBIE) each not consistent with applicable Federal law, will control 20 minutes. understanding, his concern and his per- the Secretary shall resubmit the organic severance, dedication and focus on this The Chair recognizes the gentleman governing documents to the duly elected of- bill. from Utah (Mr. HANSEN). ficers of the Native Hawaiian government Mr. Speaker, I am here today to urge the Mr. HANSEN. Mr. Speaker, I yield along with a justification for each of the House of Representatives' approval of H.R. Secretary’s findings as to why the provisions myself such time as I may consume. 4904, a bill to provide a process for the reor- are not consistent with such law. Mr. Speaker, I rise in support of H.R. ganization of a Native Hawaiian government (ii) AMENDMENT AND RESUBMISSION BY THE 4904, the gentleman from Hawaii’s bill NATIVE HAWAIIAN GOVERNMENT.—If the or- and the recognition by the United States of the regarding the United States’ relation- Native Hawaiian government. ganic governing documents are resubmitted ship with Native Hawaiians. The bill to the duly elected officers of the Native Ha- On January 17, 1893, the government of the waiian government by the Secretary under has been the subject of 5 days of hear- Kingdom of Hawaii was overthrown with the clause (i), the duly elected officers of the Na- ings in Hawaii, jointly held by the assistance of the United States Minister and tive Hawaiian government shall— House Committee on Resources and the U.S. Marines. One hundred years later, a res- (I) amend the organic governing documents Senate Committee on Indian Affairs olution extending an apology on behalf of the to ensure that the documents comply with this summer. In addition to Native Ha- United States to Native Hawaiians for the ille- applicable Federal law; and waiians testifying, the president of the gal overthrow of the Native Hawaiian govern- (II) resubmit the amended organic gov- National Congress of American Indi- ment and calling for a reconciliation of the re- erning documents to the Secretary for cer- ans, the president of the Alaska Fed- tification in accordance with subparagraphs lationship between the United States and Na- (B) and (C). eration of Natives and the president of tive Hawaiians was enacted to law. (2) FEDERAL RECOGNITION.— the Central Council of Tlingit and The Apology Resolution acknowledges that (A) RECOGNITION.—Notwithstanding any Haida presented testimony in support the overthrow of the Kingdom of Hawaii oc- other provision of law, upon the election of of this legislation. The Committee on curred with the active participation of agents H8150 CONGRESSIONAL RECORD — HOUSE September 26, 2000 and citizens of the United States. Further, it host of new federal programs to serve Native So why do we have to enact H.R. acknowledges that the Native Hawaiian people Hawaiians. Nor would the reorganization of a 4904? Because we need to replace the never directly relinquished their claims to their Native Hawaiian government have any impact Office of Hawaiian Affairs with a self- inherent sovereignty as a people over the their on programs or the funding for programs that governing entity that can sustain an national lands to the United States, either are authorized to address the conditions of election process that is restricted to through their government or through a plebi- American Indians and Alaska Natives. For the only the Native Hawaiian people. scite or referendum. last 90 years, Native Hawaiian programs have H.R. 4904, as amended in committee, Since the loss of their government, Native always been funded under separate authoriza- is stripped down to create a concept Hawaiians have sought to maintain political tions with separate appropriations. and leaves the procedural detail to the authority within their community. In 1978, Ha- Some have asked whether the reorganiza- Native Hawaiians themselves. I agree waii citizens of all races recognized the long- tion of a Native Hawaiian government might with these changes wholeheartedly. standing efforts of the indigenous people to also authorize that government to conduct The goal of self-determination should give expression to their rights to self-deter- gaming. The answer to that question is a sim- be left to the execution and implemen- mination and self-governance by amending ple ``no.'' The Indian Gaming Regulatory Act tation of the Native Hawaiians. the state constitution to provide for the estab- authorizes Indian tribal governments to con- H.R. 4904 is an appropriate way to lishment of a quasi-sovereign state agency, duct gaming on Indian reservations or Indian cure this difficulty caused by Rice vs. the Office of Hawaiian Affairs. The state con- lands held in trust by the United States, and Cayetano. The State of Hawaii had stitution provides that the Office is to be gov- the scope of gaming under the act is a func- taken the first step to create a self- erned by nine Native Hawaiian trustees who tion of state law. But there are no Indian tribal governing body. H.R. 4904 now sets the are elected by Native Hawaiians. The Office of governments in Hawaii, nor are there Indian Federal mechanism to correct the deci- Hawaiian Affairs administers programs and reservations or Indian lands. And the State of sion of Rice vs. Cayetano. H.R. 4904 services with revenues derived from lands Hawaii is one of two states in the union that must pass. which were ceded back to the State of Hawaii criminally prohibit all forms of gaming. Mr. Speaker, I rise today to support H.R. upon its admission into the United States. The In developing and refining this measure, we 4904, a bill to express the policy of the United dedication of these revenues reflects the pro- have worked not only with the a community, States regarding the United States' relation- visions of the 1959 Hawaii Admissions Act, but with representatives of the federal and ship with Native Hawaiians. This bill is viewed which provides that the ceded lands and the state governments, with leaders of the Alaska as a necessary follow-up to the Rice vs. revenues derived therefrom should be held by Native and Native American communities, and Cayetano decision that struck down the the State of Hawaii as a public trust for five with the congressional caucuses. The bill that State's effort to provide for self-determination by the Native Hawaiian population. The U.S. purposesÐone of which is the betterment of is before the House today has been revised Supreme Court ruled that the State could not the conditions of Native Hawaiians. The Ad- as a result of the testimony received at the conduct an election of only Native Hawaiians. missions Act also provides that the state hearings in Hawaii and in Washington, D.C. would assume a trust responsibility for ap- Our objectives are simple and straight- Hawaii had so provided in a State Constitu- proximately 203,500 acres of land that had forward. As a matter of federal policy and fed- tional amendment in 1978 by creating an Of- fice of Hawaiian Affairs with trustees elected previously been set aside for Native Hawai- eral law, we want to assure that the United by Native Hawaiians. ians under a 1921 federal law, the Hawaiian States government deals with all of the indige- This U.S. Supreme Court decision has im- Homes Commission Act. nous, native people of the United States in a mobilized our State in the performance of its Four weeks ago, the House Resources consistent mannerÐrecognizing and sup- mandated trust responsibility to the Native Ha- Committee and the Senate Indian Affairs porting their rights to self-determination and waiian people as elaborated in the Public Law Committee held five days of joint hearings in self-governance. This is the right thing to do that created the State of Hawaii. Hawaii on H.R. 4904 and its companion in the and I am honored to play a part in the pas- Without the power to conduct Native Hawai- Senate, S. 2899. More than 150 people pre- sage of this measure. I ask my colleagues for ian-only elections to manage programs for the sented oral testimony to the committees and their support. benefit of the Native Hawaiians, the Office of several hundred others presented written testi- Mr. Speaker, I yield such time as she Hawaiian Affairs is now left without the basic mony. The testimony received by the commit- may consume to the gentlewoman from protections of self-governance. tees was overwhelmingly in support of the Hawaii (Mrs. MINK). In its decision, the U.S. Supreme Court left bills. In addition to witnesses from the Native (Mrs. MINK of Hawaii asked and was open a path that has led to the development Hawaiian community, representatives of the given permission to revise and extend of this bill, which we have on the floor today. Departments of Justice and Interior, the Presi- her remarks.) I want to compliment my colleague, NEIL dent of the National Congress of American In- Mrs. MINK of Hawaii. I thank the ABERCROMBIE, for his leadership in crafting dians, the President of the Alaska Federation gentleman for yielding me this time. and getting this bill through the House Re- of Natives, and the President of the Central Mr. Speaker, I rise in support of H.R. sources Committee in record time. After five Council of Tlingit and Haida Indians presented 4904. This bill is viewed as necessary days of hearings in Hawaii, the bill was per- oral testimony in support of the bills. following the Rice vs. Cayetano deci- fected and comes to the floor with a series of With the passage of H.R. 4904, the Con- sion, which struck down the State’s ef- amendments. gress will provide a process for the reorga- fort to provide for self-determination H.R. 4904 replaces what the Supreme Court nization of a Native Hawaiian government, and by the Native Hawaiian people. The struck down. It sets up a process for the es- the recognition by the United States of that U.S. Supreme Court decision has im- tablishment of a sovereign entity, which like an government for purposes of carrying on a gov- mobilized our State in the performance Indian tribe, may establish relations directly ernment-to-government relationship. This bill of its mandated trust responsibility to with the federal government and where the provides that the indigenous, native people of the Native Hawaiian people as elabo- governing council is to be elected by descend- HawaiiÐNative HawaiiansÐmight have the rated in the public law that created the ants of aboriginal Native Hawaiians. same opportunities that are afforded under State of Hawaii. The historic justification for this is, of course, federal law and policy to the other indigenous, Without the power to conduct Native the illegal overthrow of the Hawaiian mon- native people of the United StatesÐAmerican Hawaiian-only elections to manage archy in 1893 and the annexation of Hawaii in Indians and Alaska NativesÐto give expres- programs for the benefit of the Native 1898 against the will of the native population. sion to their rights to self-determination and Hawaiians, the Office of Hawaiian Af- Over the years, Congress has voted to pro- self-governance. fairs is now left without the basic pro- vide many special programs for Native Hawai- It is also important to note that the United tections of self-governance. ians based on need and because of our spe- States Congress has enacted over 160 laws I want to compliment the gentleman cial trust responsibility. It is argued that these designed to address the conditions of Native from Hawaii (Mr. ABERCROMBIE) for his federally enacted programs in education, Hawaiians. These federal laws provide for the leadership in crafting and getting this housing, veterans programs, health care, etc., provision of health care, education, job train- bill through the House Committee on are in jeopardy because of Rice vs. Cayetano. ing, the preservation of native languages, the Resources in record time. After 5 days I disagree because these federal programs protection of Native American graves and the of extensive hearings in Hawaii, the are grounded on the special needs of the Na- repatriation of Native American human re- bill was perfected and comes to the tive Hawaiians in each of these areas. A legal mains. Thus, the reorganization of a Native floor with a series of perfecting amend- challenge as in Rice vs. Cayetano, I believe Hawaiian government would not necessitate a ments. would fail. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8151 So why enact H.R. 4904? Because we need ple, have not become an extinct race. Given waii and other appropriate officials and agen- to replace the Office of Hawaiian Affairs with the unfortunate turn of historical events that cies of the federal government regarding such a self-governing entity that can sustain an have now made Native Hawaiians strangers in long-standing issues as ceded lands currently election process that is restricted to only the their own lands, it is only by the grace of God controlled by both the state and federal gov- Native Hawaiian population. that Native Hawaiians now number over ernments. The bill also protects education, H.R. 4904 as amended in Committee is 300,000. health, and housing programs that have been stripped down to create a concept and leaves Mr. Chairman, the Kanaka Maoli are my kin. established by federal law to benefit Native the procedural detail to the Native Hawaiians For purposes of giving you a sense of who we Hawaiians. themselves. I advocated and agree with this are, I would like to share with you something The bill does not relinquish the claims of change wholeheartedly. The goal is self-deter- Captain James Cook once noted about the Native Hawaiians to their Native lands. The bill mination, and we should leave its execution Kanaka Maoli, or Polynesian, nation. Captain does not address the issue of lands. For the and implementation to the Native Hawaiians Cook observed that the Kanaka Maoli nation Native Hawaiians who oppose this bill be- themselves. established settlements from as far north as cause they feel it predetermines a political sta- I have only one remaining concern and that Hawaii and as far south as Actearoa (or what tus, I say to themÐthe bill is a beginning. It is the absence of an explicit executing ref- is now known today as New Zealand). In be- is a measure for organization. It is an act of erendum to indicate that what we have pro- tween, the Kanaka Maoli settled in Samoa, in empowerment. It gives voice to those whose vided is agreed to by the Native Hawaiian Tokelau, in Tuvalu, parts of Fiji and Tonga. voices have historically been made mute. As people. In making this observation, I am as- The Kanaka Maoli nation also stretched as far Senator AKAKA has noted, this measure pro- sured that the voluntariness of signing up on east as Rapanui (now known as Easter Island) vides Native Hawaiians with a seat at the the rolls constitutes the referendum of ap- and constituted what Cook considered the table of government. It provides authority for proval. I am also answered that the organic largest nation on the earth. Native Hawaiians to define their future and act or constitution to be drafted must be rati- Since Cook's time, we have had our fair participate in the process of choice. It provides fied by those who have signed up on the rolls. share of romantic writers coming to the South Native Hawaiians with the opportunity to I am also told that in the process of imple- Seas depicting our women coming out of the choose their own leaders to represent them menting this new governing body, it may by Garden of Eden on moonlit, tropical shores before state and federal agencies. It assures itself call for a referendum; that this bill does with the scent of romance forever in the air. that the United States Congress, as part of its not preclude this, satisfies me. We've also had our share of anthropologists constitutionally mandated authority, duly rec- H.R. 4904 is an appropriate way to cure the who think they know more about us than they ognizes, accepts and acknowledges Native heartache caused by Rice vs. Cayetano. know about themselves. We do not need any- Hawaiians as a sovereign people in the same The State of Hawaii had taken the first step more Margaret Meads or Derek Freemans to way that Native Americans and Native Alas- to create a self-governing body, the Office of describe to the world who we are as a people. kans are recognized under the U.S. Constitu- Hawaiian Affairs, whose trustees were elected We know how we first came into being. We tion. by Native Hawaiians. This electoral process know our past and are committed to our More than 150 people presented oral testi- was struck down by the U.S. Supreme Court. present. We are here today to define our fu- mony at the Joint Congressional Hearings in H.R. 4904 establishes a federal mechanism ture. Hawaii. Many more have presented written that overcomes the Rice vs. Cayetano deci- Mr. Speaker, as we proceed today, I would testimony. Though some are opposed, those sion. H.R. 4904 must pass! like to add this thought for the record. When representing major Hawaiian organizations Mr. KILDEE. Mr. Speaker, I support H.R. we discuss the rights of Native Hawaiians, we and associations lend their full support for the 4904, a bill that clarifies the relationship be- in effect discuss the inalienable rights of any bill. The bill has been revised to reflect the tween Native Hawaiians and the United people. As such, what happened historically to input of the Native Hawaiian community. States. Native Hawaiians in effect happened to all of I fully support the bill and urge my col- This legislation provides for Federal recogni- us. In this context, I would like to present the leagues to give it their full support also. tion of the Native Hawaiian government for following for consideration. purposes of establishing a government-to-gov- More than 100 years ago, ambitious de- Mr. GEORGE MILLER of California. Mr. ernment relationship similar to that of the Na- scendants of U.S. missionaries and sugar Speaker, H.R. 4904 is a natural evolution of tive Americans and the Alaska Natives. planters, aided by the unauthorized and illegal the relationship the United States has with Na- Congress has passed over 150 statutes ad- use of U.S. military forces, overthrew the sov- tive Hawaiians. The need for this legislation dressing the needs of Native Hawaiians. ereign nation of Hawaii then ruled by Queen began with the illegal overthrow of the King- In 1993, we passed an apology bill acknowl- Lili'uokalani. More than one hundred years dom of Hawaii in 1893 which disrupted a edging the role of the United States Govern- later, the United States Congress issued a for- peaceful citizenry and developing island mon- ment in the overthrow of the Hawaiian nation mal apology acknowledging that the Native archy. It was highlighted by the passage of the in 1893. The apology bill recognizes that the Hawaiian people never relinquished their right Hawaiian Homes Commission Act in 1921 Native Hawaiians never relinquished their in- to their sovereignty or their sovereign lands. which put lands into public trust for the benefit herent sovereignty. Earlier this year, Senator DANIEL AKAKA, the of Native Hawaiians. The next step was taken This legislation has received wide support. It first Polynesian and Native Hawaiian to sit as when Congress, a hundred years after the is supported by the Hawaii delegation, the Na- a United States Senator, introduced S. 2899 overthrow of the Kingdom, adopted a Joint tive Hawaiians, the administration, the Na- to express and define a firm policy of the Resolution making a formal apology on behalf tional Congress of American Indians, and the United States Congress and the U.S. govern- of the U.S. to Native Hawaiians. Today we un- Alaska Federation of Natives. ment regarding its relationship with the Native fold yet another chapter in our relationship I want to thank my colleague, Representa- Hawaiian people. Our distinguished colleague, with Native Hawaiians as we consider this leg- tive NEIL ABERCROMBIE from Hawaii, for this Congressman NEIL ABERCROMBIE, did the islation which provides a process for the reor- tireless effort to bring justice to the Native Ha- same in this body. I am honored that both bills ganization of a Native Hawaiian government waiians. have been approved by their respective com- and recognition of the Native Hawaiian gov- I urge my colleagues to support this bill. mittees of jurisdiction and that H.R. 4904 is ernment by the United States for purposes of Mr. FALEOMAVAEGA. Mr. Speaker, I rise being considered by the House today. carrying on a government-to-government rela- today in strong support of H.R. 4904, a bill to The purpose of this measure is to clarify the tionship. express the policy of the United States regard- political relationship that exists between Native This legislation was thoughtfully crafted. Our ing the United States relationship with Native Hawaiians and the federal government. Spe- colleague, Mr. ABERCROMBIE and the entire Hawaiians. cifically, the measure provides the Native Ha- Hawaii delegation here in the House and the There are well over 200,000 Native Hawai- waiian community with an opportunity to form Senate have invested a lot of effort into this ians living in Hawaii. I suspect there are ap- a government-to-government relationship with legislation. In putting this together, they solic- proximately another 100,000 living throughout the United States within the context of the ited input from all interested parties. The Re- the continental United States. In number, Na- U.S. Constitution and federal law. The bill pro- sources Committee held five hearings on this tive Hawaiians are the largest indigenous vides a process for Native Hawaiians to orga- legislation and reported the bill out with a group of people living in the United States nize a Native Hawaiian governing body, or es- unanimous vote. today. sentially a Native Hawaiian government. The This is just legislation, it has been a long As one of Polynesian ancestry, I thank God bill also authorizes the Native Hawaiian gov- time coming and I urge my colleagues to sup- that the Kanaka Maoli, or the Hawaiian peo- erning body to negotiate with the state of Ha- port it. H8152 CONGRESSIONAL RECORD — HOUSE September 26, 2000 I want to raise two matters which are funda- ment of former reservation lands attractive to We all know that on January 17, 1893, the mental to an understanding of why the pend- non-Indian settlers. Indians were not to be de- government of the Kingdom of Hawaii was ing legislation has been proposed. The first clared citizens of the United States until 1924, overthrown with the assistance of the United has to do with the authority of the United and it was typical that a twenty-year restraint States minister and U.S. marines. One hun- States to delegate Federal responsibilities to on the alienation of allotted lands was im- dred years later, a resolution extending an the several States. The second is important to posed. This restraint prevented the lands from apology on behalf of the United States to Na- an understanding of why the Federal policy being subject to taxation by the states, but the tive Hawaiians for the illegal overthrow of the which recognized the rights of the native peo- restraint on alienation could be lifted if an indi- Native Hawaiian government and calling for a ple of America to self-determination and self- vidual Indian was deemed to have become reconciliation of the relationship between the governance was not extended to the native ``civilized.'' However, once the restraint on United States and Native Hawaiians was en- people of Hawaii when Hawaii joined our alienation was lifted and individual Indian acted into law (Public Law 103±150). Union of States in 1959. lands became subject to taxation, Indians who The Apology Resolution acknowledges that For the past two hundred and ten years, the did not have the wherewithall to pay the taxes the overthrow of the Kingdom of Hawaii oc- United States Congress, the Executive, and on the land, found their lands seized and put curred with the active participation of agents the U.S. Supreme Court have recognized cer- up for sale. This allotment era of Federal pol- and citizens of the United States and further tain legal rights and protections for America's icy was responsible for the alienation of nearly acknowledges that the Native Hawaiian people indigenous peoples. Since the founding of the half of all Indian lands nationwideÐhundreds never directly relinquished their claims to their United States, Congress has exercised a con- of millions of acres of lands were no longer in inherent sovereignty as a people over their na- stitutional authority over indigenous affairs and native ownership, and hundreds of thousands tional lands to the United States, either has undertaken an enhanced duty of care for of Indian people were rendered not only land- through their government or through a plebi- America's indigenous peoples. This has been less but homeless. scite or referendum. done in recognition of the sovereignty pos- The primary objective of the allotment of With the loss of their government in 1893, sessed by the native peopleÐa sovereignty lands to individual Indians was to ``civilize'' the Native Hawaiians have sought to maintain po- which pre-existed the formation of the United native people. The fact that the United States litical authority within their community. States. The Congress' constitutional authority thought to impose a similar scheme on the na- In 1978, the citizens of the State of Hawaii is also premised upon the status of the indige- tive people of Hawaii in an effort to ``rehabili- recognized the long-standing efforts of the na- tive people to give expression to their rights to nous people as the original inhabitants of this tate a dying race'' is thus readily understand- self-determination and self-governance by nation who occupied and exercised dominion able in the context of the prevailing Federal In- amending the State constitution to provide for and control over the lands to which the United dian policy in 1921. the establishment of a quasisovereign State States subsequently acquired legal title. In 1959, when the State of Hawaii was ad- The United States has recognized a special mitted into the Union, the Federal policy to- agency, the Office of Hawaiian Affairs. The political relationship with the indigenous peo- ward the native people of America was de- State constitution, as amended, provides that ple of the United States. As Native Ameri- signed to divest the Federal government of its the Office is to be governed by nine trustees who are Native Hawaiian and who are to be cansÐAmerican Indians, Alaska Natives, and responsibilities for the indigenous people and elected by Native Hawaiians. The Office ad- Native HawaiiansÐthe United States has rec- to delegate those responsibilities to the sev- ministers programs and services with reve- ognized that they are entitled to special rights eral states. A prime example of this Federal nues derived from lands which were ceded and considerations. The Congress has en- policy was the enactment of Public Law 83± back to the State of Hawaii upon its admis- acted laws to give expression to the respec- 280, an Act which, as I have indicated, vested criminal jurisdiction and certain aspects of civil sions into the Union of States. tive legal rights and responsibilities of the Fed- On February 23, 2000, the United States jurisdiction over Indian lands to certain states. eral government and the native people. Supreme Court issued a ruling in the case of However, we must also recognize that over In similar fashion, in 1959, the United States Rice v. Cayetano. The Supreme Court held the last two hundred years, Federal policy to- transferred most of its responsibilities related that because the Office of Hawaiian Affairs is to the administration of the 1921 Hawaiian ward America's native people has vacillated an agency of the State of Hawaii that is fund- Homes Commission Act to the new State of significantly. While the United States Constitu- ed in part by appropriations made by the State Hawaii, and in addition, imposed a public trust tion vests the Congress with the authority to legislature, the election for the trustees of the address the conditions of the indigenous, na- upon the lands that were ceded back to the Office of Hawaiian Affairs must be open to all tive people of the United States, from time to State for five purposes, one of which was the citizens of the State of Hawaii who are other- time, with the consent of the affected States, betterment of conditions of Native Hawaiians. wise eligible to vote in statewide elections. the Congress has sought to more effectively The Federal authorization for this public trust Contrary to a mostly erroneous article pub- address the conditions of the indigenous peo- clearly anticipated that the State's constitution lished today, the Court expressly declined to ple by delegating Federal responsibilities to and laws would provide for the manner in address the powers and authorities of the various States. which the trust would be carried out. Federal government as they relate to Native Beginning in the 1950's, pursuant to House In 1978, the citizens of the State of Hawaii Hawaiians. This bill thus does not in any way Concurrent Resolution 108, Federal policy exercised this Federally-delegated authority by circumvent the decision of the Supreme Court sought the termination of Indian reservations amending the State constitution in furtherance in Rice. However, with the Court's ruling, the and a general transfer of some Federal re- of the special relationship with Native Hawai- native people of Hawaii have been divested of sponsibilities to the states. In the 1960's, Cali- ians. The delegates to the 1978 constitutional the mechanism that was established under the fornia was one of the states that was made convention recognized that Native Hawaiians Hawaii State Constitution that, since 1978, has the subject of Federal law in this respect, had no other homeland, and thus that the pro- enabled them to give expression to their rights when criminal jurisdiction and certain elements tection of Native Hawaiian subsistence rights as indigenous, native people of the United of civil jurisdiction formerly exercised by the to harvest the ocean's resources, to fish the States to self-determination and self-govern- United States was transferred to states with fresh streams, to hunt and gather, to exercise ance. the enactment of Public Law 83±280. their rights to self-determination and self-gov- H.R. 4904 is designed to address these de- So it is that the two significant actions of the ernance, and the preservation of Native Ha- velopments by providing a means under Fed- United States as they relate to the native peo- waiian culture and the Native Hawaiian lan- eral law, consistent with the Federal policy of ple of Hawaii must be understood in the con- guage could only be accomplished in the self-determination and self-governance for text of the Federal policy towards America's State of Hawaii. America's indigenous, native people, for Na- other indigenous, native people at the time of Hawaii's adoption of amendments to the tive Hawaiians to have a status similar to that those actions. State constitution to fulfill the special relation- of the other indigenous, native people of the In 1921, when the Hawaiian Homes Com- ship with Native Hawaiians is consistent with United States, the First Americans. mission Act was enacted into law, the pre- the practice of other States that have estab- Mr. HANSEN. Mr. Speaker, I have no vailing Federal policy was premised upon the lished special relationships with the native in- requests for time, and I yield back the objective of breaking up Indian reservations habitants of their areas. Fourteen States have balance of my time. and allotting lands to individual Indians. Those extended recognition to Indian tribes that are Mr. ABERCROMBIE. Mr. Speaker, I reservation lands remaining after the allotment not recognized by the Federal government, have no further requests for time, and of lands to individual Indians were opened up and thirty-two States have established com- I yield back the balance of my time. to settlement by non-Indians, and significant missions and offices to address matters of pol- The SPEAKER pro tempore. The incentives were authorized to make the settle- icy affecting the indigenous citizenry. question is on the motion offered by September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8153 the gentleman from Utah (Mr. HANSEN) be held in perpetuity, or until released by transferred from the National Park that the House suspend the rules and FHWA’’; and Service for a motor vehicle turnaround pass the bill, H.R. 4904, as amended. (B) other Federal Government employees on the George Washington Memorial The question was taken; and (two- and visitors whose admission to the Re- Parkway. This land shall be adminis- search Center is authorized by the Turner- thirds having voted in favor thereof) Fairbank Highway Research Center. tered as part of the headquarters build- the rules were suspended and the bill, (4) CLOSURE.—The Central Intelligence ing compound of the CIA. The 2.92 as amended, was passed. Agency shall have the right to close off, by acres transferred to the Secretary of The title of the bill was amended so whatever means necessary, the transferred the Interior from the CIA shall be in- as to read: ‘‘A bill to express the policy property depicted on National Park Service cluded within the boundary of the of the United States regarding the Drawing No. 850/81992, dated August 6, 1998, George Washington Memorial Parkway United States relationship with Native to all persons except United States Park Po- and shall be administered by the Na- Hawaiians, to provide a process for the lice, other necessary National Park Service tional Park Service. reorganization of a Native Hawaiian personnel, and personnel of the Federal I urge my colleagues to support this Highway Administration Turner-Fairbank government and the recognition by the Highway Research Center when the Central legislation. United States of the Native Hawaiian Intelligence Agency has determined that the Mr. Speaker, I reserve the balance of government, and for other purposes.’’. physical security conditions dictate in order my time. ´ A motion to reconsider was laid on to protect Central Intelligence Agency per- Mr. ROMERO-BARCELO. Mr. Speak- the table. sonnel, facilities, or property. Any such clo- er, I yield myself such time as I may f sure shall not exceed 12 hours in duration consume. ´ within a 24-hour period without consultation (Mr. ROMERO-BARCELO asked and GEORGE WASHINGTON MEMORIAL with the National Park Service, Federal was given permission to revise and ex- PARKWAY, MCLEAN, VIRGINIA, Highway Administration Turner-Fairbank tend his remarks.) ´ LAND EXCHANGE Highway Research Center facility and the Mr. ROMERO-BARCELO. Mr. Speak- United States Park Police. No action shall er, H.R. 4835 introduced by the gen- Mr. HANSEN. Mr. Speaker, I move to be taken to diminish use of the area for ac- tleman from Virginia (Mr. MORAN) suspend the rules and pass the bill cess to the Federal Highway Administration (H.R. 4835) to authorize the exchange of Turner-Fairbank facility except when the would authorize the exchange of 1.74 land between the Secretary of the Inte- area is closed for security reasons. acres of National Park Service land lo- rior and the Director of Central Intel- (5) COMPLIANCE WITH DEED RESTRICTIONS.— cated within the boundaries of the ligence at the George Washington Me- The Director shall ensure compliance by the George Washington Memorial Parkway morial Parkway in McLean, Virginia, Central Intelligence Agency with the deed for 2.92 acres of Central Intelligence and for other purposes. restrictions for the transferred property as Agency land located adjacent to the depicted on National Park Service Drawing The Clerk read as follows: George Washington Memorial Park- No. 850/81992, dated August 6, 1998. way. The purpose of the land exchange H.R. 4835 (6) COMPLIANCE WITH AGREEMENT.—The Na- Be it enacted by the Senate and House of Rep- tional Park Service and the Central Intel- is to address security issues at the en- resentatives of the United States of America in ligence Agency shall comply with the terms trance to the Central Intelligence Congress assembled, and conditions of the Interagency Agreement Agency headquarters in McLean, Vir- SECTION 1. AUTHORIZATION OF LAND EX- between the National Park Service and the ginia, that is accessed via the George CHANGE. Central Intelligence Agency signed in 1998 Washington Memorial Parkway. The Secretary of the Interior and the Di- regarding the exchange and management of Mr. Speaker, this proposal will en- rector of Central Intelligence are authorized the lands discussed in that agreement. hance security at CIA headquarters to exchange approximately 1.74 acres of land (7) DEADLINE.—The Secretary of the Inte- without damage to any park resources. rior and the Director of Central Intelligence under the jurisdiction of the Department of We join with the administration in sup- the Interior within the boundary of the shall complete the transfers authorized by George Washington Memorial Parkway for this section not later than 120 days after the porting the legislation. approximately 2.92 acres of land under the date of enactment of this Act. Mr. Speaker, I yield such time as he jurisdiction of the Central Intelligence Agen- SEC. 3. MANAGEMENT OF EXCHANGED LANDS. may consume to the gentleman from cy adjacent to the boundary of the George (a) INTERIOR LANDS.—The land conveyed to Virginia (Mr. MORAN). Washington Memorial Parkway. The land to the Secretary of the Interior under section 1 Mr. MORAN of Virginia. I thank my be conveyed by the Secretary of the Interior shall be included within the boundary of the friend and very distinguished colleague to the Central Intelligence Agency is de- George Washington Memorial Parkway and from Puerto Rico for yielding me this picted on National Park Service Drawing No. shall be administered by the National Park time, and I thank the gentleman from 850/81992, dated August 6, 1998. The land to be Service as part of the parkway subject to the Utah (Mr. HANSEN), the distinguished conveyed by the Central Intelligence Agency laws and regulations applicable thereto. chairman. to the Secretary of the Interior is depicted (b) CIA LANDS.—The land conveyed to the on National Park Service Drawing No. 850/ This was necessitated when a de- Central Intelligence Agency under section 1 ranged terrorist killed two CIA officers 81991, Sheet 1, dated August 6, 1998. These shall be administered as part of the head- maps shall be available for public inspection quarters building compound of the Central in 1993. The reason that we are making in the appropriate offices of the National Intelligence Agency. this land exchange is for security pur- Park Service. The SPEAKER pro tempore. Pursu- poses. It does not do much for the SEC. 2. CONDITIONS OF LAND EXCHANGE. ant to the rule, the gentleman from parkway, but it certainly has no dam- The land exchange authorized under sec- aging effect; and it is the right thing to Utah (Mr. HANSEN) and the gentleman tion 1 shall be subject to the following condi- do, so the Park Service is making an from Puerto Rico (Mr. ROMERO- tions: ´ equal swap of land. They are picking up BARCELO) each will control 20 minutes. (1) NO REIMBURSEMENT OF CONSIDERATION.— almost 3 acres of land on the far com- The exchange shall occur without reimburse- The Chair recognizes the gentleman pound, and they are giving up this land ment or consideration. from Utah (Mr. HANSEN). (2) PUBLIC ACCESS.—The Director of Central Mr. HANSEN. Mr. Speaker, I yield to enhance security for CIA employees. Intelligence shall allow public access to the myself such time as I may consume. It is the right thing to do. There is no property transferred from the National Park H.R. 4835 authorizes the exchange of controversy. I very much appreciate Service and depicted on National Park Serv- 1.7 acres of National Park Service land my colleagues letting it go through. ice Drawing No. 850/81992. Such access shall I trust that we can find more ways located within the boundaries of the be for a motor vehicle turn-around on the that we can reach win-win bipartisan George Washington Memorial Parkway George Washington Memorial Parkway. solutions on these things. (3) OTHER ACCESS.—The Director of Central for 2.9 acres of Central Intelligence b 1845 Intelligence shall allow access to— Agency land located adjacent to the ´ (A) personnel of the Federal Highway Ad- George Washington Memorial Park- Mr. ROMERO-BARCELO. Mr. Speak- ministration Turner-Fairbank Highway Re- way. The proposed exchange, which is er, I have no further requests for time, search Center as is provided for in the Fed- designed to improve security at the eral Highway Administration’s (FHWA) re- and I yield back the balance of my port of excess, dated May 20, 1971, which CIA, is supported by both the CIA and time. states, ‘‘Right-of-access by FHWA to and the National Park Service. Once the Mr. HANSEN. Mr. Speaker, I have no from the tract retained to the George Wash- exchange is complete, the CIA will further requests for time, and I yield ington Parkway and to State Route 193 is to allow public access to the property back the balance of my time. H8154 CONGRESSIONAL RECORD — HOUSE September 26, 2000 The SPEAKER pro tempore (Mr. John Ortiz Skeen Udall (NM) Watt (NC) Weygand Johnson (CT) Ose Skelton Velazquez Waxman Wynn UTCHINSON H ). The question is on the Johnson, Sam Oxley Smith (NJ) Visclosky Weiner motion offered by the gentleman from Jones (NC) Packard Smith (TX) Waters Wexler Utah (Mr. HANSEN) that the House sus- Kasich Pease Souder NOT VOTING—19 pend the rules and pass the bill, H.R. Kelly Peterson (MN) Spence King (NY) Peterson (PA) Spratt Baker Klink Saxton 4835. Kingston Petri Stearns Campbell Lazio Smith (MI) The question was taken; and (two- Knollenberg Phelps Stenholm Clay McCollum Stark thirds having voted in favor thereof) Kolbe Pickering Stump Ewing McIntosh Vento the rules were suspended and the bill Kuykendall Pickett Sununu Franks (NJ) Paul Woolsey LaHood Pitts Sweeney Gillmor Rogan was passed. Lampson Pombo Talent Jones (OH) Sandlin A motion to reconsider was laid on Largent Pomeroy Tancredo b the table. Latham Porter Tanner 1912 LaTourette Portman Tauzin Ms. BERKLEY and Mr. CLYBURN f Leach Pryce (OH) Taylor (MS) Lewis (CA) Quinn Taylor (NC) changed their vote from ‘‘yea’’ to GENERAL LEAVE Lewis (KY) Radanovich Terry ‘‘nay.’’ Linder Rahall Thomas Mr. SHADEGG and Mr. GREEN of Mr. HANSEN. Mr. Speaker, I ask LoBiondo Ramstad Thornberry unanimous consent that all Members Lucas (KY) Regula Thune Texas changed their vote from ‘‘nay’’ may have 5 legislative days within Lucas (OK) Reynolds Tiahrt to ‘‘yea.’’ Manzullo Riley Toomey So (two-thirds not having voted in which to revise and extend their re- Martinez Roemer Traficant favor thereof) the motion was rejected. marks on H.R. 4613, H.R. 3745, H.R. 2752, McCrery Rogers Turner The result of the vote was announced H.R. 2267, S. 1324, H.R. 4835, H.R. 5036, McHugh Rohrabacher Upton McInnis Ros-Lehtinen Vitter as above recorded. and H.R. 4904. McIntyre Roukema Walden f The SPEAKER pro tempore. Is there McKeon Royce Walsh objection to the request of the gen- Metcalf Ryan (WI) Wamp REMOVAL OF NAME OF MEMBER tleman from Utah? Mica Ryun (KS) Watkins Miller (FL) Salmon Watts (OK) AS COSPONSOR OF H.R. 4503 There was no objection. Miller, Gary Sanford Weldon (FL) Mr. CHAMBLISS. Mr. Speaker, I ask f Minge Scarborough Weldon (PA) Moore Schaffer Weller unanimous consent that my name be Moran (KS) Sensenbrenner Whitfield removed as a cosponsor of H.R. 4503. SMALL BUSINESS LIABILITY Moran (VA) Sessions Wicker The SPEAKER pro tempore (Mr. RELIEF ACT Wilson Murtha Shadegg DICKEY). Is there objection to the re- Myrick Shaw Wise The SPEAKER pro tempore. The Napolitano Sherwood Wolf quest of the gentleman from Georgia? pending business is the question of sus- Nethercutt Shimkus Wu There was no objection. pending the rules and passing the bill, Ney Shows Young (AK) f H.R. 5175, as amended. Northup Shuster Young (FL) Norwood Simpson BORN-ALIVE INFANTS The Clerk read the title of the bill. Nussle Sisisky The SPEAKER pro tempore. The PROTECTION ACT OF 2000 question is on the motion offered by NAYS—161 Mr. CANADY of Florida. Mr. Speak- the gentleman from Ohio (Mr. OXLEY) Abercrombie Frost Meek (FL) er, I move to suspend the rules and that the House suspend the rules and Ackerman Gejdenson Meeks (NY) pass the bill (H.R. 4292) to protect in- Allen Gephardt Menendez fants who are born alive. pass the bill, H.R. 5175, as amended, on Andrews Gilman Millender- which the yeas and nays are ordered. Baird Gonzalez McDonald The Clerk read as follows: The vote was taken by electronic de- Baldwin Gutierrez Miller, George H.R. 4292 vice, and there were—yeas 253, nays Barrett (WI) Hastings (FL) Mink Becerra Hill (IN) Moakley Be it enacted by the Senate and House of Rep- 161, not voting 19, as follows: Berkley Hilliard Mollohan resentatives of the United States of America in [Roll No. 494] Berman Hinchey Morella Congress assembled, Blagojevich Hinojosa Nadler YEAS—253 SECTION 1. SHORT TITLE. Blumenauer Hoeffel Neal This Act may be cited as the ‘‘Born-Alive Aderholt Chambliss Gallegly Bonior Holt Oberstar Archer Chenoweth-Hage Ganske Borski Hooley Obey Infants Protection Act of 2000’’. Armey Clement Gekas Boswell Hoyer Olver SEC. 2. DEFINITION OF BORN-ALIVE INFANT. Baca Coble Gibbons Boucher Inslee Owens (a) IN GENERAL.—Chapter 1 of title 1, Bachus Coburn Gilchrest Brady (PA) Jackson (IL) Pallone United States Code, is amended by adding at Baldacci Collins Goode Brown (FL) Jackson-Lee Pascrell the end the following: Ballenger Combest Goodlatte Brown (OH) (TX) Pastor Barcia Condit Goodling Capps Jefferson Payne ‘‘§ 8. ‘Person’, ‘human being’, ‘child’, and ‘indi- Barr Cook Gordon Capuano Johnson, E. B. Pelosi vidual’ as including born-alive infant Barrett (NE) Cooksey Goss Cardin Kanjorski Price (NC) ‘‘(a) In determining the meaning of any Bartlett Cox Graham Carson Kaptur Rangel Barton Cramer Granger Clayton Kennedy Reyes Act of Congress, or of any ruling, regulation, Bass Crane Green (TX) Clyburn Kildee Rivers or interpretation of the various administra- Bentsen Cubin Green (WI) Conyers Kilpatrick Rodriguez tive bureaus and agencies of the United Bereuter Cunningham Greenwood Costello Kind (WI) Rothman States, the words ‘person’, ‘human being’, Berry Danner Gutknecht Coyne Kleczka Roybal-Allard ‘child’, and ‘individual’, shall include every Biggert Davis (VA) Hall (OH) Crowley Kucinich Rush infant member of the species homo sapiens Bilbray Deal Hall (TX) Cummings LaFalce Sabo who is born alive at any stage of develop- Bilirakis DeLay Hansen Davis (FL) Lantos Sanchez Bishop DeMint Hastings (WA) Davis (IL) Larson Sanders ment. Bliley Diaz-Balart Hayes DeFazio Lee Sawyer ‘‘(b) As used in this section, the term ‘born Blunt Dickey Hayworth DeGette Levin Schakowsky alive’, with respect to a member of the spe- Boehlert Doolittle Hefley Delahunt Lewis (GA) Scott cies homo sapiens, means the complete ex- Boehner Doyle Herger DeLauro Lipinski Serrano pulsion or extraction from its mother of that Bonilla Dreier Hill (MT) Deutsch Lofgren Shays member, at any stage of development, who Bono Duncan Hilleary Dicks Lowey Sherman after such expulsion or extraction breathes Boyd Dunn Hobson Dingell Luther Slaughter Brady (TX) Edwards Hoekstra Dixon Maloney (CT) Smith (WA) or has a beating heart, pulsation of the um- Bryant Ehlers Holden Doggett Maloney (NY) Snyder bilical cord, or definite movement of vol- Burr Ehrlich Horn Dooley Markey Stabenow untary muscles, regardless of whether the Burton Emerson Hostettler Engel Mascara Strickland umbilical cord has been cut, and regardless Buyer English Houghton Eshoo Matsui Stupak of whether the expulsion or extraction oc- Callahan Etheridge Hulshof Evans McCarthy (MO) Tauscher curs as a result of natural or induced labor, Calvert Everett Hunter Farr McCarthy (NY) Thompson (CA) cesarean section, or induced abortion.’’. Camp Fletcher Hutchinson Fattah McDermott Thompson (MS) Canady Foley Hyde Filner McGovern Thurman (b) CLERICAL AMENDMENT.—The table of Cannon Fossella Isakson Forbes McKinney Tierney sections at the beginning of chapter 1 of title Castle Fowler Istook Ford McNulty Towns 1, United States Code, is amended by adding Chabot Frelinghuysen Jenkins Frank (MA) Meehan Udall (CO) at the end the following new item: September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8155 ‘‘8. ‘Person’, ‘human being’, ‘child’, and ‘indi- Appeals under Row and Carhart, it is, Mr. Speaker, Jill Stanek, a labor and vidual’ as including born-alive and I quote them, nonsensical, and delivery nurse at Christ Hospital in infant.’’. ‘‘based on semantic machinations’’ and Oak Lawn, Illinois, testified regarding The SPEAKER pro tempore. Pursu- ‘‘irrational line-drawing’’ for a legisla- numerous live-birth abortions that she ant to the rule, the gentleman from ture to conclude that an infant’s loca- has witnessed at Christ Hospital in Illi- Florida (Mr. CANADY) and the gen- tion in relation to the mother’s body nois. Ms. Stanek described what hap- tleman from Michigan (Mr. CONYERS) has any relevance in determining pened after one of those abortions as each will control 20 minutes. whether that infant may be killed. follows, and I quote her testimony at The Chair recognizes the gentleman Instead, the Farmer Court concluded length, because it is so chilling and so from Florida (Mr. CANADY). that a child’s status under the law, re- pertinent to the question that is before gardless of the child’s location, is de- b 1915 the House today. According to Ms. pendent upon whether the mother in- Stanek’s testimony: ‘‘One night, a Mr. CANADY of Florida. Mr. Speak- tends to abort the child or to give nursing coworker was taking an abort- er, I yield myself such time as I may birth. The Farmer Court stated that, in ed Down’s Syndrome baby who was consume. contrast to an infant whose mother in- born alive to our soiled utility room Mr. Speaker, H.R. 4292, the Born- tends to give birth, an infant who is because his parents did not want to Alive Infants Protection Act is a sim- killed during a partial-birth abortion is hold him, and she did not have time to ple but critical piece of legislation that not entitled to the protections of the hold him. I could not bear the thoughts is designed to ensure that, for purposes law because, and I quote, ‘‘a woman of this suffering child dying alone in a of Federal law, all infants who have seeking an abortion is plainly not seek- soiled utility room, so I cradled and been born alive are treated as persons ing to give birth.’’ rocked him for the 45 minutes that he who are entitled to the protections of Now, if we examine the logical impli- lived. the law. cations of these decisions, I think we He was 21 to 22 weeks old, weighed We may ask why such a legislation is will be forced to the conclusion that about one-half pound and was about 10 necessary. Has it not been long accept- they are indeed shocking. inches long. He was too weak to move Under the logic of these decisions, ed as a legal principle that infants who very much, expending any energy he once a child is marked for abortion, it are born alive are persons who are enti- had trying to breathe. Toward the end, is wholly irrelevant whether that child tled to the protections of the law? In- he was so quiet that I could not tell if emerges from the womb as a live baby. deed it has. But the corrupting influ- he was still alive unless I held him up ence of a seemingly illimitable right to That child may still be treated as a nonentity and would not have the to the light to see if his heart was still abortion has brought this well-settled beating through his chest wall. After principle into question. slightest rights under the law, no right to receive medical care, to be sustained he was pronounced dead, we folded his Mr. Speaker, in Stenberg v. Carhart, little arms across his chest, wrapped five Justices of the United States Su- in life, or to receive any care at all. And if a child who survives an abortion him in a tiny shroud, and carried him preme Court struck down a Nebreska to the hospital morgue where all of our law banning partial-birth abortion, a and is born alive would have no claim to the protections of the law, there dead patients are taken.’’ gruesome procedure in which an abor- The Subcommittee on the Constitu- tionist delivers an unborn child’s body would appear to be no basis upon which the government may prohibit an abor- tion also heard testimony from Allison until only the head remains inside the Baker, who formerly worked as a labor mother, then punctures the back of the tionist from completely delivering an infant before killing it or allowing it to and delivery nurse at Christ Hospital. child’s skull with scissors and sucks Mrs. Baker testified regarding three the child’s brains out before com- die. The right to abortion under this logic live-birth abortions at Christ Hospital, pleting the delivery. Every time I de- the first of which she described as fol- scribe that horrible procedure, I wince means nothing less than the right to a dead baby, no matter where the killing lows, this is what she told the Sub- because it is truly a horror. But that is takes place. committee on the Constitution: ‘‘The what the Supreme Court of the United We are familiar with the logic of the first of these live-birth abortions oc- States, speaking through five Justices Supreme Court case. There they said in curred on a day shift. I happened to has found is protected by our Constitu- order to protect the mother’s health, walk into a soiled utility room and saw tion. the child could be killed in the process lying on the metal counter a fetus, What was described in Roe v. Wade as of being delivered. It is not a far naked, exposed and breathing, moving a right to abort unborn children has stretch for the argument to also be its arms and legs. The fetus was visibly now in Carhart been extended by five made that it will help protect the alive and was gasping for breath. Justices to include the violent destruc- mother’s health to deliver the baby I left to find the nurse who was car- tion of partially-born children just completely before the child is delivered ing for the patient and this fetus. When inches from birth. in carrying out the decision for an I asked her about the fetus, she said Even more striking than the simple abortion to be performed. that she was so busy with the mother holding of the case is the fact that the As horrifying as it may seem, cred- that she didn’t have time to wrap and Carhart Court considered the location ible public testimony received by the place the fetus in a warmer, and she of the infant’s body at the moment of Subcommittee on the Constitution in- asked if I could do that for her. death during a partial-birth abortion dicates that this, in fact, already is oc- Later I found out that the fetus was delivered partly outside the body of the curring. According to our eyewitness 22 weeks old and had undergone a mother to be of no legal significance in accounts, some abortion doctors are therapeutic abortion because it had ruling on the constitutionality of the performing live-birth abortions using a been diagnosed with Down’s Syndrome. Nebraska law under challenge. procedure in which the abortionist I did wrap the fetus and placed him in Implicit in the Carhart decision was used drugs to induce premature labor a warmer and for 21⁄2 hours he main- the notion that a partial-born infant’s and deliver unborn children, many of tained a heartbeat and then finally ex- entitlement to the protections of the whom are still alive, and then simply pired.’’ law is dependent not upon whether the allow those who are born alive to die, Mr. Speaker, statements made by child is born or unborn, but upon sometimes without the provision of abortion supporters indicate that they whether or not the partially born even basic comfort care such as believe that Roe v. Wade denies the child’s mother wants the child. warmth and nutrition. protection of the law to live-born in- On July 26, 2000, the United States On one occasion, a nurse found a liv- fants who have been marked for de- Court of Appeals for the Third Circuit ing infant lying naked on a scale in a struction through abortion. On July 20 made that point explicit in Planned soiled utility closet, and on another oc- of this year, the National Abortion and Parenthood of Central New Jersey v. casion a living infant was found lying Reproductive Rights Action League, or Farmer, in the course of striking down naked on the edge of a sink; one baby NARAL, issued a press release criti- New Jersey partial-birth abortion ban. was wrapped in a disposable towel and cizing H.R. 4292, the bill that we are According to the Third Circuit Court of thrown into the trash. considering tonight, because in H8156 CONGRESSIONAL RECORD — HOUSE September 26, 2000 NARAL’s view extending legal variations in 35 States and the District fant. I support that. Most of us believe personhood to premature infants who of Columbia. that this bill is probably unnecessary are born alive after surviving abortions So the principle that is embodied in for the simple reason that born-alive constitutes an assault on Roe v. Wade. this bill is a principle that has been infants are already protected by exist- The gentlewoman from Ohio (Mrs. codified by the majority of the States, ing law. JONES) took a similar position in her and it is indeed the law in the vast ma- However, we have accepted the rep- testimony on H.R. 4292 before the Sub- jority of the jurisdictions in this land. resentations of the bill’s sponsor that committee on the Constitution. It is also important to understand that this change is needed, that this legisla- The principle that born-alive infants this simply deals with the principle tion has a purpose in fact. The sponsor are entitled to the protection of the that the child is a person who is born has indicated that the bill would only law is also being questioned at one of alive. It does nothing to alter the ap- protect an infant who is completely America’s most prestigious univer- plicable standard of care that is owed separated from its mother. This is a sities. Princeton University Bioethicist to a child in particular circumstances. most unusual and, I think, significant Peter Singer argues that parents Now, I urge my colleagues to look at concession by the chairman of the Sub- should have the option to kill disabled this legislation, consider the recent de- committee on the Constitution of the or unhealthy newborn babies for a cer- cision of the Supreme Court, the recent Committee on the Judiciary. tain period after birth. According to decision of the Third Circuit Court of I must wholeheartedly applaud the Professor Singer, and I quote him: ‘‘A Appeals and support this important majority for realizing at last that period of 28 days after birth might be legislation and to reject, to unequivo- there are different stages of life and allowed before an infant is accepted as cally reject the movement towards the that, at each stage, a mother’s right to having the same right to live as oth- legalization of infanticide, which I sub- privacy must be balanced against a ers.’’ mit to my colleagues is implicit in the State’s interest and fetal life. Mr. Speaker, now this is based on recent rulings that I have referred to. Now, this measure bipartisanly has Professor Singer’s view that the life of As Members of this House, we should overwhelmingly passed the committee, a newborn baby is, and again I quote do everything we can to protect the which is unusual given the strong feel- him, ‘‘of no greater value than the life most innocent and helpless members of ings on each side of the issue and on of a nonhuman animal at a similar the human family. each side of the aisle regarding issues level of rationality, self-consciousness, Mr. Speaker, I reserve the balance of of reproductive rights. But it seems to awareness, capacity to feel, et cetera.’’ my time. me that this measure is now back to According to Professor Singer, and I Mr. CONYERS. Mr. Speaker, I yield the precise original condition that was again quote, ‘‘killing a disabled infant myself such time as I may consume. voted out by the committee. This is not morally equivalent to killing a Mr. Speaker, we have before us a leaves the manager on this side with no person. Very often, it is not wrong at measure which is one of the most puz- other recourse but to support the same all.’’ Mr. Speaker, now, these are the zling bits of legislation to ever come measure that we passed in the Com- comments that are being made by a re- out of the Committee on the Judiciary. mittee on the Judiciary. nowned philosopher holding one of the To make it more interesting, the entire Mr. Speaker, I reserve the balance of most prestigious chairs at one of this committee has supported this measure my time. Nation’s most prestigious universities. on a recorded vote except one person, Mr. CANADY of Florida. Mr. Speak- The purpose of this legislation is to one member of the committee. er, I yield 11⁄2 minutes to the gentleman repudiate the pernicious ideas that re- b from Florida (Mr. WELDON). sult in tragedies such as live-birth 1930 Mr. WELDON of Florida. Mr. Speak- abortion and to firmly establish that, As of a very recent date, we have er, I thank the gentleman from Florida for purposes of Federal law, an infant taken out the manager’s amendment, for yielding me this time, and I rise in who is completely expelled or ex- which had been creating a considerable strong support of this legislation. I am tracted from his or her mother and who amount of confusion. Now, the ques- very pleased to be able to support it, is alive is indeed a person under the tion at a threshold level is why do we but I must say that it grieves me that law regardless of whether or not the have this bill before us. I cannot an- I live in a Nation where it is even nec- child’s development is believed to be or swer that question clearly because we essary for us to promulgate such legis- is, in fact, sufficient to permit long- are not doing anything new that is not lation. Nonetheless, I believe this legis- term survival and regardless of wheth- already stated very clearly in statute lation is badly needed. er the baby survived an abortion. and in the Supreme Court cases. We have a situation evolving in our H.R. 4292 accomplishes this by pro- Roe v. Wade is not affected by this courts where legal doctrines are being viding that, for purposes of Federal bill. As a matter of fact, Stenburg v. promoted that would countenance the law, the word ‘‘person,’’ the words Carhart, notwithstanding many inter- practice of infanticide. The gentleman ‘‘person, human being, child and indi- pretations of this more recent Supreme from Florida (Mr. CANADY) I think very vidual’’ shall include every infant Court case, does not affect this meas- clearly in his opening statement cited member of the species homosapiens ure either. So I leave to more fertile many of those cases. I do not need to who is born alive at any stage of devel- imaginations why it is we are here in reiterate them here. opment. The bill defines the term the first place. But we are here. Not only do we have a problem with ‘‘born alive’’ as the complete expulsion And trying to ignore the gentleman legal doctrine, though, but we have a or extraction from its mother of that from Florida (Mr. CANADY), the man- problem with medical practice. I as a member of this species homosapiens at ager on the other side’s sometimes hy- practicing physician for years would any stage of development, who after perbolic rhetoric, this is still the same unfortunately be asked to pronounce such expulsion or extraction breathes measure that this Member voted for in people dead. What we were typically or has a beating heart, pulsation of the committee. I stand by my position, and asked to do is to make a determination umbilical cord, or definite movement I will continue to support it. of brain waves or a heart beat are of the voluntary muscles, regardless of It is my belief that people who intro- present. These are clearly infants that whether the umbilical cord has been duce legislation in the Congress do it meet those criteria. They are human. cut and regardless of whether the ex- to get people to support it, they do not They are alive. There are numerous pulsion or extraction occurs as a result try to introduce legislation to get peo- cases where they are being allowed to of natural or induced labor, cesarean ple not to support it. We hope that that die. They are not being provided basic section or induced abortion. common rule of long standing still ap- subsist steps, not even kept warm. Now, I will point out to the Members plies this evening in this measure. I believe this is a tragedy that this of the House, and this is very impor- The bill makes a useful clarification should be evolving. Probably more con- tant to put this bill in context, that of existing law. The bill clarifies exist- cerning to me, and it should be a con- this definition of born alive was de- ing law to ensure that every protection cern to people in the disabilities com- rived from a model definition of live for a child or person in the United munity, because if one hears all these birth that has been adopted with minor States Code applies to a born-alive in- cases, one hears that many of these September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8157 children have disabilities. I think any changing the definition of ‘‘life’’ or reliance on the words of the gentleman Member, any person in this country ‘‘alive’’ or ‘‘person.’’ In the end, it is from Florida (Mr. CANADY). with a disability should support this families and newborns that will suffer. I read from the transcript of the com- legislation. Because I strongly believe that we mittee meeting, ‘‘And let me say that Mr. CONYERS. Mr. Speaker, I yield 3 should not be playing politics with ap- I think that the gentleman from New minutes to the distinguished gentle- propriate and compassionate care for York and I have substantial common woman from New York (Mrs. LOWEY). all newborns, I will oppose the bill. ground on issues related to this bill. (Mrs. LOWEY asked and was given Mr. CANADY of Florida. Mr. Speak- And the gentleman has properly stated permission to revise and extend his re- er, I yield 11⁄2 minutes to the gentleman the purpose of this bill as being to reaf- marks.) from New Jersey (Mr. SMITH). firm existing legal principle.’’ Mrs. LOWEY. Mr. Speaker, the pro- Mr. SMITH of New Jersey. Mr. This bill, as I read it, as I read it now ponents of this bill say it is about pro- Speaker, first of all, let me adamantly does not change the law in any way. It tecting newborns. We can all agree disagree with the gentlewoman from is unnecessary. So why support it? Why that newborns deserve appropriate New York (Mrs. LOWEY), the previous vote for it? Because of its dishonest medical support and the fullest protec- speaker. Everyone does not agree on sponsorship, because of the dishonest tion of the law no matter the cir- protecting newborns. We all know of purpose behind it. The purpose of this cumstances of delivery. In fact, new- cases where newborns have been killed bill is only to get the pro-choice mem- born infants already receive full legal or left to die. bers to vote against it so that they can protection in State and Federal law. There was a piece done by the Phila- then slander us and say that we are in Any attempt to harm a newborn can delphia Inquirer, the Pulitzer Prize favor of infanticide. If I had any doubts and should be subject to criminal pros- winning newspaper, called ‘‘The Dread- about that, the manager’s amendment ecution. Everyone agrees on this. ed Complication.’’ It talked about live and the Dear Colleague letter with it — Yet, the gentleman from Florida (Mr. births that resulted from failed or Mr. SMITH of New Jersey. Mr. CANADY), my friend, has also said that botched abortion attempts. Dr. Willard Speaker, will the gentleman yield? this bill would not change existing law Cates is quoted extensively in that re- Mr. NADLER. I will not yield at this and would have no impact on medical port. He was at the time the Chief of point. Mr. SMITH of New Jersey. You are standards of care. Then what is the ra- Abortion Surveillance for the CDC. He imputing the dignity of the chairman tionale for this bill? made the point that reporting that Dr. Sessions Cole, who trained at by suggesting his motive is dishonest. failed abortions resulted in live births Harvard Medical School, who is board We have better comity in this place is like turning yourself into the IRS certified in pediatrics and has cared for than that. more than 10,000 newborns directly, be- for an audit. What is there to gain? The SPEAKER pro tempore (Mr. The article talks about repeatedly, lieves it would change the standard of DICKEY). The gentleman from New case after case, where abortionists care. York (Mr. NADLER) controls the time. In testimony before the Committee tried to kill an unborn child, failed to Mr. NADLER. Mr. Speaker, I believe on the Judiciary, Dr. Cole stated that do so, only to have someone else step the only real purpose of this bill is to the bill would ‘‘impose on doctors and into the gap, scoop up that child, and trap the pro-choice Members into vot- parents a universal definition of ‘life’ bring that child to some kind of life ing against it so that they can slander or ‘alive’ which is,’’ he said, ‘‘in my ex- saving situation. The report notes that us and slander the pro-choice move- perience as a neonatologist, incon- the common thread in all of the inci- ment as being in favor of infanticide. sistent with the harsh reality pre- dents, and they go through one in- Mr. SMITH of New Jersey. Mr. sented by a number of circumstances.’’ stance after another, is that it was not Speaker, parliamentary inquiry. Dr. Cole went on to discuss the obli- the doctor but someone else who inter- Mr. NADLER. That is why I voted for gation of parents and doctors to mini- vened to administer care to the child. the bill in the committee. mize the suffering an infant might en- Mr. Speaker, notwithstanding three The SPEAKER pro tempore. The gen- dure once the decision is made that life decades of distraction, distortion, and tleman from New York (Mr. NADLER) support or other measures would be fu- deceit by the abortion lobby, I am controls the time, and he is not yield- tile for that infant. happy to say a majority of Americans ing for that purpose. I share his concern about the impact believe, and according to a recent na- Mr. NADLER. Mr. Speaker, that is this law may have on parents who des- tionwide L.A. Times poll, 61 percent of why I voted in the committee in favor perately hope to bring home the all American women regard abortion as of the bill. That is why I will vote healthy newborn and, instead, are con- murder. The violence of abortion again and urge my colleagues to vote fronted with a tragic situation. should be self-evident: Chemical poi- in favor of the bill so we do not step It is enough for these parents to lis- soning, dismemberment, brain sucking into this trap. ten carefully to the physician, seek procedures. Now, the manager’s amendment, second or third opinions, hear counsel But the bill of the gentleman from which was withdrawn, but certainly from their rabbi, priest, or minister Florida (Mr. CANADY) seeks to protect the rhetoric of the sponsors, which we and discuss it with their families. Con- newborns, kids that are already born. heard again today, are full of untruths. gress has no business adding to their They, too, are now at risk under this They say that newborns do not receive anguish or extending their grief by slippery slope. full legal protection. But there exists a forcing neonatologists to follow what If one looks and reads the Supreme common law born-alive rule imposing Dr. Cole called an ‘‘unnecessary and Court decision on partial birth abor- liability to anyone who harms a person unrealistic definition of life.’’ tion, it should be a wake-up call. Par- who was born and was alive at the time The gentleman from Florida (Mr. tially born kids are not protected. Kids of the harmful act. CANADY) and other antichoice law- who survive late-term abortions are The Federal statute known as the makers could genuinely demonstrate not protected. This legislation is abso- Baby Doe law already requires that ap- concern about maternal and child lutely vital to protect kids who survive propriate care be administered to a health by promoting legislation that and are born after a failed abortion. newborn. improves access to prenatal care, fos- Mr. CONYERS. Mr. Speaker, I yield They say that the Carhart decision, ters research that reduces premature such time as he may consume to the they grossly distort the Carhart deci- birth rates, and broadens the avail- gentleman from New York (Mr. NAD- sion, striking down Nebraska’s ban on ability and affordability of health in- LER), a distinguished member of the abortion procedures, Stenburg v. surance. Committee on the Judiciary. Carhart. The Supreme Court found the Instead, we have a bill on the floor, Mr. NADLER. Mr. Speaker, during Nebraska ban unconstitutional because Mr. Speaker which has had one sub- the meeting of the committee which it imposed an undue burden on a wom- committee hearing and a quick mark- approved the bill 22 to 1, when I asked an’s right to choose by banning safe up. minority members in the committee, and common abortion procedures and I think Dr. Sessions Cole and others pro-choice members of the committee, it lacked an exception to protect wom- have raised important concerns about to support the bill, I did so partially in en’s health. H8158 CONGRESSIONAL RECORD — HOUSE September 26, 2000 To suggest that Carhart is about the Canady is also one of the chief architects of would run around and around in circles legal rights of newborns is deceptive the federal ban on safe abortion procedures chasing his tail. It seems to me that and irresponsible; and it is untrue, out- used prior to fetal viability, which directly that is what we are doing with this rageous, and insulting to suggest that undermines the fundamental principles of bill. Because if, as my colleague from Roe. With all these bills, anti-choice law- pro-choice Members of the Congress makers purposefully set America on a path Florida has indicated, the bill does wish to deprive newborns of legal they believe will ultimately lead to the over- nothing to change the law, then why rights. turn of Roe v. Wade. In keeping with this are we doing it? There is no compelling b 1945 goal, the subcommittee has put the ‘‘Born- reason to pass a piece of legislation Alive Infants Protection Act’’ on the fast that does not do anything, and the Carhart did not expand Roe, and re- track and has scheduled a markup for Fri- sponsors of this bill submit that the cent court rulings have not put day, July 21, 2000. bill does not do anything. newborns in jeopardy. They deal only Mr. Speaker, I yield 11⁄2 minutes to So at the end of the day, what we with pregnancy. They do not have any the gentleman from Pennsylvania (Mr. have done is add to the litany of terms bearing on newborns. PITTS). in our statute; that litany being per- In summary, Mr. Speaker, this bill is Mr. PITTS. Mr. Speaker, a woman’s son, human being, child, individual, unnecessary. I am not sure it is harm- right to privacy and parental rights, and another term which has no defini- ful in any way; but the real harm it which we will hear about, does not in- tion either, that term being born alive. does, the real purpose of it, is to get us clude the right to kill one’s live baby. The concern that I have about it is to vote against it so they can go out We heard some of the chilling words the concern that has been expressed by and campaign and produce newspaper during the testimony of Jill Staneck, the Congressional Research Service in articles, such as the column by Mr. who presented testimony before the its letter to the House Committee on Will and Mr. Leo that say that pro- subcommittee. We only heard part of the Judiciary. In that letter it says, ‘‘A choice supporters are in favor of infan- it, so let me read a little bit more. She computer search indicates that there ticide. We are not in favor of infan- said, are 15,000 sections in the United States ticide. The right to life begins, if not Other coworkers have told me many upset- Code and 57,000 sections of the Code of earlier, certainly at birth. No one dis- ting stories about live aborted babies whom Federal Regulations that make ref- putes that. And we are, not many of us, they had cared for. I was told about an abort- erence to these various terms that are are not going to fall into the trap by ed baby who was supposed to have spina used; human being, child, individual, voting against this dishonest bill. bifida but was delivered with an intact spine. A support associate told me about a live Mr. CANADY of Florida. Mr. Speak- and now, born alive I guess is the new aborted baby who was left to die on the term, and nobody has made an assess- er, I submit for the RECORD a copy of counter of the soiled utility room wrapped in the statement dated July 20, 2000, from ment of what impact this bill has in a disposable towel. The baby was acciden- those 15,000 sections of the United the National Abortion and Reproduc- tally thrown into the garbage, and when tive Rights Action League in opposi- they later were going through the trash to States Code or those 57,000 sections of tion to the bill. find the baby, the baby fell out of the towel the Code of Federal Regulations be- cause nobody cares. [NARAL Statement, July 20, 2000] and onto the floor. I was recently told about a situation by a All this is about is politics, and so we ROE V. WADE FACES RENEWED ASSAULT IN nurse who said, ‘‘I can’t stop thinking about HOUSE—ANTI-CHOICE LAWMAKERS HOLD should be like my friend’s dog, chasing it.’’ she had a patient who was 23-plus weeks his tail around in a circle. HEARING ON SO-CALLED ‘‘BORN-ALIVE IN- pregnant, and it did not look as if her baby FANTS PROTECTION ACT’’ would be able to continue to live inside of I am going to vote against this bill WASHINGTON, DC—The basic of tenets of her. The baby was healthy and had up to a 39 again, not because I am not sympa- Roe v. Wade were the subject of yet another percent chance of survival, according to na- thetic to children who are ‘‘born anti-choice assault today, as the House Judi- tional statistics. But the patient chose to alive,’’ but because I have no idea what ciary Subcommittee on the Constitution abort. The baby was born alive. implications this bill has in the other held a hearing on H.R. 4292, the so-called If the mother had wanted everything done 15,000 sections of the United States ‘‘Born-Alive Infants Protection Act.’’ The for her baby, there would have been a Code and the 57,000 sections of the Code Act would effectively grant legal personhood neonatologist, pediatric resident, neonatal of Federal Regulations. And if, as my to a pre-viable fetus—in direct conflict with nurse, and respiratory therapist present for Roe—and would inappropriately inject pros- the delivery, and the baby would have been friend submits, the bill does nothing ecutors and lawmakers into the medical de- taken to our neonatal intensive care unit for anyway, we will be no better or worse cision-making process. The bill was intro- specialized care. Instead, the only personnel off as a result of my negative vote. duced by well-known abortion opponent Rep. present for this delivery was an obstetrical Mr. CONYERS. Mr. Speaker, how Charles Canady (R–FL) and has been en- resident and my co-worker. After delivery, much time remains? dorsed by the National Right to Life Com- the baby, who showed early signs of thriving, The SPEAKER pro tempore (Mr. mittee. was merely wrapped in a blanket and kept in Roe v. Wade clearly states that women the labor and delivery department until she DICKEY). The gentleman from Florida (Mr. CANADY) has 21⁄2 minutes remain- have the right to choose prior to fetal viabil- died 21⁄2 hours later. ity. After viability, Roe allows states to pro- It is a sad day in America that we ing, and the gentleman from Michigan hibit or restrict abortion as long as excep- have to vote for a bill to protect in- (Mr. CONYERS) has 4 minutes remain- tions are made to protect the life and health ing. of the woman. In proposing this bill, anti- fants born alive, but this bill is nec- essary. We should vote to support the Mr. CONYERS. Mr. Speaker, I yield 2 choice lawmakers are seeking to ascribe minutes to the gentlewoman from New rights to fetuses ‘‘at any stage of develop- bill. ment,’’ thereby directly contradicting one of Mr. CONYERS. Mr. Speaker, I yield York (Mrs. MALONEY). Roe’s basic tenets. such time as he may consume to the Mrs. MALONEY of New York. Mr. This bill also attempts to inject Congress gentleman from North Carolina (Mr. Speaker, this has been called many into what should be personal and private de- WATT), a member of the Committee on things, but I call this a rollback of Roe cisions about medical treatment in difficult v. Wade, since the real goal here is to and painful situations where a fetus has no the Judiciary. Mr. WATT of North Carolina. Mr. roll back a woman’s constitutional chance of survival. It could also interfere right. with the sound practice of medicine by spur- Speaker, I thank my colleague from ring physicians to take extraordinary steps Michigan for yielding me this time. Earlier this year, the Supreme Court in situations where their efforts may be fu- I had really intended not to partici- rejected an abortion law in Nebraska. tile and when their medical judgment may pate in this debate, but it sounds like But I do not ask my colleagues to take indicate otherwise. I got injected into it whether I was in my word for it. I will place in the This is not the first time we have seen Rep. it or not because I am the one vote who RECORD quotes from anti-choice orga- Canady and his anti-choice colleagues at- voted against the bill coming out of nizations. One called this ‘‘A viable tempt to chip away at the foundation of Roe legislative option for pro-lifers that v. Wade in just this manner. Last year, this committee 22 to one. My name is one, same subcommittee held a hearing on the so- I guess. will not be struck down by the Su- called ‘‘Unborn Victims of Violence Act,’’ This bill reminds me of a neighbor of preme Court.’’ Another called it, ‘‘A which also sought to ascribe certain rights mine who, when I was growing up, had starting point from which we can roll to a fetus at any stage of pregnancy. Rep. a dog who used to chase his tail. He the point of legal protection back.’’ September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8159 But it is truly the statements of As a physician who cares for ill newborn cently published, entitled Futility Consider- neonatologists and doctors, who have infants, I feel that I have the greatest prac- ations in the Neonatal Intensive Care Unit, submitted letters to my office and oth- tice in medicine, because my practice per- to illustrate some of these issues. ers, that I would like to submit into mits me to participate in miracles everyday. The current proposed legislation defines as Thanks to significant advances in tech- ‘‘born alive’’ any product of conception with the RECORD. One states, ‘‘It would im- nology over the last 20 years, babies whose a single muscle twitch or any indication of pose on doctors and parents a universal parents could have been offered no hope can heart beat, regardless of stage of develop- definition of life or alive which is in- now see their babies survive and, for the ment. The term ‘‘born alive’’ is then declared consistent with the harsh reality pre- most part, exceed both their parents’ and equivalent to ‘‘person,’’ ‘‘human being,’’ sented by a number of circumstances.’’ their doctors’ expectations as they develop. ‘‘child,’’ and ‘‘individual.’’ Presumably every As my colleague, the gentleman from Unfortunately, even today’s most advanced miscarriage, even in the first trimester, North Carolina (Mr. WATT) pointed out, medical science is still a long way from would be considered a child and would re- we do know that it changes the defini- being able to offer every sick infant a rea- quire a birth and death certificate. The defi- tion of a person in 72,000 places in the sonable chance for survival. In fact, in our nitions make no distinction as to whether neonatal intensive care unit, approximately there is any possibility of survival or not. law; 15,000 in the U.S. Code and 57,000 10% of the infants do not respond to ad- places in the Code of Federal Regula- Needless to say, rather than clarifying vanced technology and pass away. These things, this set of definitions will immensely tions. Quite frankly, I do not know deaths result from accidents of nature that cloud the work of medical personnel and what the long-term impact of this bill are no one’s fault, and they are excruciat- families in determining what measures are will be, but I do know the intent, be- ingly difficult for parents, doctors, and indicated and what would be futile and actu- cause I have the internal documents nurses. Frequently, the emotional pain of ally dehumanizing. from the pro-lifers, which I will put in the decision to terminate treatment in such For centuries, different terms have been cases is compounded by the fact that the the RECORD, and I do know that doctors used to denote an embryo, a fetus, a neonate, technology that we provide babies requires who deal with the painful decisions of an infant and a child. An embryo is pre-via- painful, invasive procedures. When parents ble outside the uterus, and is in such a rudi- trying to help save the life of a child, and physicians together decide that life sup- many of them have said that this does mentary stage of development that a human port technology is futile for an infant and is embryo more closely resembles the embryo not help; it merely complicates and only prolonging the pain of the dying proc- of a pig than it does a term newborn of ei- makes the hard process of dying even ess, parents have a moral and legal obliga- ther species. Yet embryos have beating harder on doctors and nurses and par- tion to minimize the suffering of their baby, hearts and muscles which can twitch. regardless of the pain such a turn of events ents when they have children who, for A fetus has reached third trimester and brings to them in their loss. still has much growth and development to whatever reason, modern technology The language of H.R. 4292 will, in my view, cannot save that child’s life. significantly interfere with the agonizing, achieve before normal birth. However, many I submit for the RECORD, Mr. Speak- painful and personal decisions that must be such fetuses can be stabilized and supported er, a number of letters from doctors left to parents in consultation with their after premature birth and even discharged and other documents I referred to ear- physicians. Imposing the proposed definition home as infants who can take their place in lier. of ‘‘alive’’ or ‘‘life’’ for statutory purpose families. To blur these distinctions seems to may cause parents to prolong the medically work against tradition, sound medical prac- TESTIMONY OF F. SESSIONS COLE, M.D. TO tice, and the struggle of parents to under- COMMITTEE ON THE JUDICIARY, SUB- inevitable dying process of their infants out of fear that terminating that process might stand what is facing them and what the prac- COMMITTEE ON THE CONSTITUTION, UNITED tical alternatives are. STATES HOUSE OF REPRESENTATIVES, JULY be deemed to be, for legal purposes, the ter- mination of a life, when in fact all that I strongly urge you to oppose this measure, 20, 2000 which I consider regressive and ill consid- Mr. Chairman, Honorable Representatives, would be terminated would be the painful process of death. Prolonging treatment in ered. Staff, and spectators. My name is Francis Thank you for your consideration. Sessions Cole, and my family, including our such cases would be not the saving of a ‘‘life’’, but the prolonging of the pain and GORDON B. AVERY, M.D., PH.D., two daughters, ages 16 and 14, and my wife of Emeritus Professor of Pediatrics. 28 years resides in St. Louis, Missouri. I ap- suffering of inevitable death. As a physician pear before you to offer testimony con- whose career has been dedicated to the wel- fare of newborns, and especially critically-ill AUGUST 9, 2000. cerning Representative Canady’s Born Alive Representative JERROLD NADLER, Infants Protection Act of 2000 (H.R. 4292) as newborns, I urge the Subcommittee not to inject an unnecessary and unrealistic defini- 2334 Rayburn House Office Building, Wash- a physician whose specialty is care of new- ington, DC. born infants. My testimony is not sponsored tion of ‘‘life’’, with all its legal implications, into the already agonizing and heart-break- DEAR CONGRESSMAN NADLER: As a by any organization. I completed my pedi- neonatologist and author of the textbook, atric residency training at Boston Children’s ing situation faced by parents of infants in Neonatology, I am very concerned that the Hospital and my specialty training in caring the dying process. bill under consideration, referred to as the for newborn infants in the Joint Program in ‘‘born alive’’ bill, will significantly interfere Neonatology at Harvard Medical School. JULY 19, 2000. with clinical practice. In setting definitions Since my Board certification in Pediatrics in Ranking Democrat, Judiciary Committee for being born alive, the issue of viability is 1981, I have cared for more than 10,000 new- The House of Representatives. completely bypassed. For the clinician, via- born infants directly, and I currently have As a physician and neonatologist with 40 bility is crucial as it determines whether or administrative responsibility for approxi- years of practice experience, I write to ex- not drastic, invasive and burdensome care is mately one half of all the babies born in St. press my concern with HR 4292 IH, the indicated. Neither grieving parents nor dying Louis annually (approximately 13,000 babies). ‘‘Born-Alive Infants Act of 2000.’’ My creden- I also have an active clinical practice that tials include authorship of a major textbook, immature fetuses are served by futile chest focuses on caring for babies whose transition Neonatology: Pathophysiology and Manage- pounding and attempts at ventilation. Thus from womb to world is complicated by one or ment of the Newborn, the fifth edition of ‘‘alive’’ is not relevant if it is not accom- more problems like prematurity, birth de- which was published in 1999 by J B panied by plausible ability to survive outside fects, infections, or problems with the after- Lippincott, Co. I have also been Professor of the mother. Up to the moment of birth, even birth or placenta. I routinely encounter ba- Pediatrics for 30 years at the George Wash- very immature birth, the baby’s vital sys- bies whose problems place them on the edge ington University School of Medicine and tems are supported by the mother. Thus one of viability. Health Sciences. might better seek to define ‘‘independently The language of H.R. 4292 would impose on The powerful tools of neonatology (res- alive.’’ doctors and parents a universal definition of pirators, total intravenous feedings, life sup- The definitions in the bill—a single gasp, a ‘‘life’’ or ‘‘alive’’ which is, in my experience port systems, etc) have reduced neonatal muscle twitch, any pulsation of the umbil- as a neonatologist, inconsistent with the mortality and saved countless infants. But ical cord—may identify living tissue, but not harsh reality presented by a number of cir- they are also subject to overuse in futile sit- independent life, even with strong medical cumstances. The fact is that the indicia uations which inflict pain and suffering on assistance. Any farmer will testify that you identified in the bill—breathing, or a beating the infant, agony on the families, prolonga- can cut the head off a chicken and the heart heart, or pulsation of the umbilical cord, or tion of dying, extreme cost and resource uti- will still beat, for a time, the muscles definite movement of voluntary muscles— lization, all without changing the fatal out- twitch, and gasps may go on for several min- are not themselves necessarily indicative of come. The humane and successful manage- utes. Yet there is no sustained viability. life or continued viability. Frequently, the ment of these situations requires a delicate One might better use terms like ‘‘sustained heartbeats of infants will be maintained by balance in decision making, which has been heartbeat and respirations’’ and ‘‘maturity medicines, not nature; their breathing may recognized by the Congress in the amend- within the gestational ages regarded as via- be present but ineffective as they die; they ments to the Child Abuse Act, the judiciary, ble.’’ Parents, health care givers, and the may move voluntary muscles during the including the Supreme Court, and various general public will much better understand dying process. Administrations. I enclose an article I re- the meaningfulness of such definitions. H8160 CONGRESSIONAL RECORD — HOUSE September 26, 2000 I hope that these thoughts are helpful in Mrs. JOHNSON of Connecticut. Mr. fetus was alive, the patient kept asking your deliberations, and would be glad to an- Speaker, I rise in firm opposition to me when the fetus would die. For an swer questions or make further comments this bill. It is not innocuous, but it is hour and 45 minutes, the fetus main- should they be needed. unnecessary. tained a heartbeat. The parents were Sincerely yours, Protecting newborns is the law. frustrated and obviously not prepared GORDON B. AVERY, M.D., PH.D. Every single example the gentleman for this long period of time. Since I was [From the Associated Press, Cybercast News has given should have been reported the nurse of both the mother and fetus, Service, July 14, 2000] and prosecuted, because every newborn I held the fetus in my arms until it fi- The question remains: Are their any viable in America is entitled under Federal nally expired.’’ legislative options for pro-lifers that will not law to all medically indicated treat- Can my colleagues imagine being be struck down by a Supreme Court that in ment, and the gentleman knows that. that nurse or those parents and the a series of decisions—Planned Parenthood v. This is not about protecting pain they felt just waiting for that Casey, Danforth v. Reproductive Health newborns. Listen to the words of a baby to die? Services and now Carhart—has shown no in- neonatologist. ‘‘When parents and phy- How often does an abortion fail and a clination to curtail abortion on demand ar- sicians together decide that life sup- living baby struggle to stay alive? No ticulated in Roe v. Wade? one knows. No one has that informa- In terms of legislation, Senate pro-life port technology is futile for an infant, and is only prolonging the pain of the tion. leaders are planning to introduce new legis- Mr. Speaker, it does seem that abor- lation in place of the bill on partial birth dying process, parents have a moral abortion, which had passed the Senate last and legal obligation to minimize the tions fail much more frequently than year but was vetoed by President Clinton, suffering of their baby, regardless of anyone cares to know. If an abortion is successful, a dead that would make it illegal to kill a child the pain such a turn of events brings to baby is delivered. But when an abor- that survives an abortion. them in their loss.’’ The virtue of the bill, said Hadley Arkes, a tion fails, that means that there is a What the gentleman is doing in this professor of jurisprudence at Amherst Uni- live baby, a baby is delivered alive. versity in Massachusetts and a prominent bill is to deny parents and deny doctors Mr. Speaker, does a woman still have pro-life writer, is that it stops what he sees the right to make decisions about pre- a right to a dead baby even if the abor- 1 as a ‘‘terrible drift toward making the right mature infants. An infant born at 3 ⁄2, tion fails? These innocent babies have 1 1 to abortion the right to a dead child.’’ 4 ⁄2, 5 ⁄2 months is a tragedy, and par- the same God-given rights as my col- According to Arkes, by the logic of the de- ents in a free society in America de- cisions on partial birth abortion, there is no leagues and I do. serve the right to determine what med- I urge my colleagues to please vote way to distinguish legally between partial- ical care they will have, recognizing birth abortion and actual infanticide, which yes in support of this important bill. he feels opens the way to allowing the de- that the law requires newborns receive GENERAL LEAVE struction of infants who survive abortions. all medically indicated treatment. Mr. CANADY of Florida. Mr. Speak- ‘‘This establishes a bright line of legal pro- Mr. CONYERS. Mr. Speaker, I yield er, I ask unanimous consent that all tection,’’ Arkes said. myself the balance of my time. Members may have 5 legislative days The proposed law also would provide a My colleagues, the one thing that I within which to revise and extend their starting point ‘‘from which we can roll the really want to make clear, and I think remarks and to include extraneous ma- point of legal protection back,’’ according to there has been a little misstatement terial on H.R. 4292. one Senate staffer for a pro-life floor leader here, no one has found in the com- who may introduce the bill. The SPEAKER pro tempore (Mr. mittee during the hearings, or in the DICKEY). Is there objection to the re- Mr. CANADY of Florida. Mr. Speak- course of this discussion, any example quest of the gentleman from Florida? er, I yield 1 minute to the gentleman of where this measure would change ex- There was no objection. from South Carolina (Mr. DEMINT). isting law. Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. DEMINT. Mr. Speaker, I rise b 2000 I would like to speak on the merits of H.R. today as a cosponsor and a strong sup- 4292, which is erroneously titled ``To Protect porter of the Born Alive Infant Protec- This bill has nothing to do whatso- Infants Who are Born Alive.'' I would challenge tion Act. There is a lot of confusion ever with ‘‘Roe v. Wade.’’ ‘‘Roe’’ deals my colleagues for what they suggest in the about who qualifies as a person today, only with pregnancy. This bill deals title of this legislation, because our country so this is an important bill. with newborns. and its people are not corrupt and morally This bill says if a child, a little And so, as we examine all of the Fed- bankrupted. Our commitment as leaders, par- human being, is born and is showing eral Code and the controlling Supreme ents, grandparents, humanitarians and public signs of life, this child is entitled to Court cases, there is nowhere that we servants is the support of human life. However the full protection of law. We are talk- have found any changes that I could re- there are considerable concerns with this bill; ing about babies who are breathing or port to my colleagues. If there were, I I hope it is not done for political purposes. have a beating heart or whose muscles would report them. If there were, other What this legislation does is not protect any are moving. Members in this body would bring that child that is born alive, because there is no Now, I must admit that I believe that to our attention. law in this nation that would do otherwise. life begins at conception, and a child And so, I urge, even though there What this bill would do if it becomes law is exhibiting these signs in the womb de- may not be changes, that this measure open states and local municipalities to the bur- serves the same protection out of the be supported. den of documenting all births of infants regard- womb, but that is not what this bill is Mr. CANADY of Florida. Mr. Speak- less of their stage of development or oppor- about. This bill is about a born, living, er, I yield the balance of the time to tunity for survival. The ultimate result would be breathing little boy or girl being treat- the gentlewoman from North Carolina a ballooning of the mortality rates of infants ed as a precious human being and re- (Mrs. MYRICK). born in the United States. ceiving the full protection of law, rath- Mrs. MYRICK. Mr. Speaker, babies The most important predictor for infant sur- er than being thrown away to die in a born alive, babies no longer in the vival is birthweight; survival increases expo- linen closet, a plastic bag, or the bot- mother’s womb, babies that show obvi- nentially as birthweight increases to its optimal tom of a trash can. ous signs of life should be recognized as level. The nearly twofold higher risk of infant Mr. Speaker, what has happened in living babies. mortality among blacks than among whites America when we even must have this The testimony from Allison Baker, a was related to a higher prevalence of low discussion on the floor? I believe this registered nurse who worked in a high- birthweights, to higher mortality risks in the bill is something that we can all agree risk labor and delivery unit, tells the neonatal period for infants with birthweights of on. Please support this bill. fate of a baby whose parents requested greater than or equal to 3,000 g, and to higher Mr. CONYERS. Mr. Speaker, I yield 1 an abortion at 20 weeks because the mortality during the postneonatal period for all minute to the gentlewoman from Con- baby had spina bifida. infants, regardless of birthweight. Moreover, necticut (Mrs. JOHNSON). ‘‘My shift started at 11 o’clock,’’ she the black-white gap persisted for infants with (Mrs. JOHNSON of Connecticut asked said, ‘‘and the patient delivered her birthweight of greater than or equal to 2,500 g, and was given permission to revise and fetus about 10 minutes before I took regardless of other infant or maternal risk fac- extend her remarks.) her as a patient. During the time the tors. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8161 Each year, approximately 40,000 U.S. in- Mrs. CHENOWETH-HAGE. Mr. clinic about 2 days before the abortion is per- fants die before reaching their first birthday. Speaker, I rise today in support of the formed and have her cervix dilated as an out- The 1990 Objectives for the Nation call for an Born-Alive Infant’s Protection Act of patient. Pregnant women react differently to infant mortality rate of no more than 12 2000. H.R. 4292 is a critical step in pro- these drugs and in these two instances, the deaths/1,000 live-born infants of any racial tecting human life. In the past, I have women went into labor and delivered their ba- group for an overall national infant mortality spoken of the criticality of reversing bies prematurely at their local hospitals. rate of no more than 9 deaths/1,000 live-born Roe v. Wade. That horrendous decision Mr. Speaker, I would ask unanimous con- infants. In 1986, the infant mortality rate was has given us early abortion of demand, sent that the article titled, ``Ohio Baby Survives 18.0/1,000 live-born black infants and 8.9/ late abortion on demand, partial-birth Abortion Procedure'' which appeared in The 1,000 live-born white infants. It is thus unlikely abortion, and now its precedent has Washington Times on August 21, 1999, be that the United States will achieve the 1990 given us outright infanticide. printed in the CONGRESSIONAL RECORD. This objective for black infants, especially since Why do we need this legislation? It is story highlights the details of these two cases black infant mortality rates decreased only needed for the simple reasons that live in which one baby survived and the other 15.9 percent from 1980 to 1986; to meet the birth abortions are already occurring. died. 1990 objective, the rate for these infants It has now become the practice in some Finally Mr. Speaker, I would urge my col- would have to be reduced by 33.3 percent cases to induce labor, fully deliver a leagues to support the Born-Alive Infants Pro- within the 4 years that remain in the period. child, and then provide no medical tection Act to ensure that babies receive legal These numbers are already poor when con- treatment, thus resulting in its death. protection and medical care once they are sidering the material death rate of African- This is live birth abortion. This is in- born. American and Hispanic women and the mor- fanticide. This is sick. OHIO BABY SURVIVES ABORTION PROCEDURE tality rate of their children when compared to For our nation to heal, we need to (By Joyce Howard Price) the majority populations. A slowdown in the recognize that life is a continuum. We A premature baby girl is listed in serious decline of infant mortality in the United States won’t be able to do this until Roe v. but stable condition at an Ohio hospital and a continuing high risk of death among Wade is overturned. However, until after surviving preparatory procedures her black infants, twice that of white infants, then, we should at least make abso- mother underwent for a late-term abortion— prompted a consortium of Public Health Serv- lutely clear that children are protected reportedly a partial-birth abortion. ice agencies, in collaboration with all states, to by the law once they are born. This Maureen Britell, government relations di- develop a national data base of linked birth rector for the National Abortion Federation, now seems to be an unfortunate neces- yesterday confirmed that a woman gave and infant death certificates for the 1980 birth sity. birth at a Dayton hospital earlier this month cohort. This project, referred to as National In- Mr. Speaker, our forefathers saw fit after ‘‘experiencing premature labor at home fant Mortality Surveillance [NIMS], provides to found our government in the form of following an earlier cervical dilation’’ she neonatal, postneonatal, and infant mortality a constitutional republic. In doing so, underwent at the Women’s Med Center, a risks for blacks, whites, and all races in 12 our Founders declared in the Declara- Dayton abortion clinic. categories of birthweights. Neonatal mortality tion of Independence that government The baby in question, born Aug. 4 at Good risk = number of deaths of infants less than 28 existed to secure ‘‘life, liberty, and the Samaritan Hospital, was born 25 or 26 weeks into the 40 weeks of a full-term pregnancy, days of age/1,000 live births; postneonatal pursuit of happiness.’’ Furthermore, said Mary K. McCelland, spokeswoman for mortality risk = number of deaths of infants our Constitution enshrined the prin- the Montgomery County [Ohio] Children ages 28 days up to 1 year/1,000 neonatal sur- ciple of equal protection of the laws. Services Board. The board has temporary vivors; and infant mortality riskÐnumber of If there is just simply one thing that custody of the infant. deaths of infants less than 1 year of age/1,000 this Congress should recognize, it is ‘‘Her condition is still very tenuous be- live births. our responsibility to protect the inno- cause of her size. She was born several The language in this legislation is very simi- cent. And, make no mistake about it. months early . . . and this can lead to a lot lar to the 1974 regulations which was promul- These children are innocent. To allow of complications,’’ Miss McClelland said in a gated by the Department of Health and telephone interview yesterday. She was un- for the cruel execution, by non-treat- able to provide the baby’s weight but said Human Services, which outlined the viability of ment of those children who were deliv- the child is in an incubator and on a res- a newborn. It was outlined in the regulations ered early by induced labor is to be pirator. that two conditions have to exist are 20 weeks complicit in infanticide. The county has filed for permanent cus- of gestation and 500 grams of birth weight to Mr. Speaker, when Roe v. Wade was tody of the baby and will make her available survive. There has not been any child born in made the law of the land eminent for adoption if no one in the mother’s family recorded history that did not have at least theologians, philosophers, and public wants her. Miss McClelland said. these two minimums to support the life of a ‘‘The recent birth of this very premature servants predicted this was the first baby . . . appears to be the result of a par- child. One or both can be greater, such as a step on a slippery slope that would af- tial-birth abortion gone awry,’’ said Peggy child older than 20 weeks or over 500 grams fect our concept of the value of human Lehner, executive director of Dayton Right of birthweight, but no child is known to have life. We have come to see this pre- to Life. survived with either of these being lest than diction realized. Mr. Speaker, we are ‘‘The baby . . . escaped the final, fatal stated. no longer on a slippery slope. We have stage of the three-day late-term procedure I commend the members of the House Judi- stepped off the cliff. Reverse this sick- because the mother started into labor before ciary Committee who have spent many hours the third day.’’ the pro-life leader added. ening trend and vote yes on H.R. 4292. Mrs. Lehner said her organization received in debate and discussion on this issue. For Mr. HALL of Ohio. Mr. Speaker, I rise in an anonymous call about the baby’s birth this reason, I invite them to join me in support strong support of H.R. 4292, the Born-Alive In- when the mother showed up at Good Samari- of continued increases in funding to the Na- fants Protection Act. This legislation codifies in tan Hospital in labor. Mrs. Lehner said she tional Institute of Health's Child Health and federal law that babies born alive are human consequently talked with some hospital offi- Human Development division, which is beings who are legally alive with constitutional cials who privately confirmed that the baby charged with federal research in the area of protections. survived what was to have been a partial- infant viability. My greatest concern with this It is important that babies are ensured of birth abortion. legislation is not that it will not save the life of In the two days before such a procedure, a this common sense protection. In two different pregnant woman undergoes dilation of her a child, but that it would have serious implica- instances in my district last year, two babies cervix as an outpatient. ‘‘The abortionist in- tions for the mortality statistics of infants born were born after surviving preparatory proce- serts a drug into the woman’s cervix, which in our Nation. Should this bill become law it dures for a partial-birth abortion. In one case, causes it to dilate [and expand]. The woman may require that states based on the language the baby received no medical care and died. goes home, or in many cases to a local hotel, of their own statutes regarding births and In the other case, the baby received medical during this phase of the procedure. Some deaths may be required to collect information care and lived. women apparently react to this drug much on the birth and death of nonviable infants In both cases, the women were planning on more rapidly than others, and premature labor begins,’’ said Mrs. Lehner. born in the conditions that would be defined having a partial-birth abortion at the Women's On the third day, a doctor, using forceps, as ``born alive'' under the language of this bill. Med Center of Dayton. This medical clinic is delivers the baby feet-first, except for the Finally, I believe that physicians will do the ap- one of the few places in the country which head. The physician then punctures the baby propriate thing for a new born infant with or preforms this procedure. In order to have a in the back of the neck, suctions out the without this law. partial-birth abortion, a woman must go to the brains and collapses the skull, killing it. H8162 CONGRESSIONAL RECORD — HOUSE September 26, 2000 This is, at least, the second time in four answered ‘‘present’’ 3, not voting 35, as Ramstad Sherwood Tiahrt months a woman about to undergo a late- follows: Rangel Shimkus Tierney term abortion at the Women’s Med Center of Regula Shows Toomey [Roll No. 495] Reyes Simpson Towns Dayton has experienced premature labor and Reynolds Skeen Traficant delivered a live child. But, in the previous YEAS—380 Riley Skelton Turner case, which involved a 22-week-old female Rivers Smith (NJ) Udall (CO) fetus known as ‘‘Baby Hope,’’ born in a Cin- Abercrombie Diaz-Balart King (NY) Rodriguez Smith (TX) Udall (NM) cinnati hospital, the infant lived for only Ackerman Dickey Kingston Roemer Smith (WA) Upton Aderholt Dicks Kleczka three hours. Rogers Snyder Visclosky Allen Dixon Knollenberg Rohrabacher Souder Vitter ‘‘Baby Hope’s’’ mother had been slated to Andrews Doggett Kolbe have a partial-birth abortion. And doctors at Ros-Lehtinen Spence Walden Archer Dooley Kucinich Rothman Spratt Walsh the hospital elected not to provide her baby Armey Doolittle Kuykendall Roukema Stabenow Wamp with medical care because of her pre- Baca Doyle LaFalce Roybal-Allard Stearns Watkins maturity. Bachus Dreier LaHood Royce Stenholm Watts (OK) The Women’s Med Center of Dayton is ac- Baird Duncan Lampson Ryan (WI) Strickland Waxman tually the home of partial-birth abortion. Its Baker Dunn Lantos Ryun (KS) Stump Weiner Baldacci Edwards Largent Sabo Stupak Weldon (FL) owner, Dr. Martin Haskell, developed the Baldwin Ehlers Larson procedure, which he initially called ‘‘dilation Salmon Sununu Weldon (PA) Ballenger Ehrlich Latham Sanchez Sweeney Weller and extraction.’’ Barcia Emerson LaTourette Sanders Talent Wexler Dr. Haskell first described it at a National Barr Engel Leach Sanford Tancredo Weygand Abortion Federation convention in 1992. The Barrett (NE) English Levin Sawyer Tanner Whitfield National Right to Life Committee and other Barrett (WI) Eshoo Lewis (CA) Saxton Tauscher Wicker pro-life groups learned of his remarks and Bartlett Etheridge Lewis (KY) Scarborough Tauzin Wilson Barton Evans Linder Schaffer Taylor (MS) Wise quickly spread the word to the media. Bass Everett Lipinski Public outrage over this procedure—which Scott Taylor (NC) Wolf Becerra Farr LoBiondo Sensenbrenner Terry Woolsey pro-lifers dubbed ‘‘partial-birth abortion’’ Bentsen Filner Lofgren Serrano Thomas Wu since it involves killing an already partially Berkley Fletcher Lucas (KY) Sessions Thompson (CA) Wynn delivered child—led Congress and at least 28 Berman Foley Lucas (OK) Shadegg Thompson (MS) Young (AK) states to pass legislation banning most such Berry Forbes Luther Shaw Thornberry Young (FL) procedures. But the laws have been blocked Biggert Ford Maloney (CT) Shays Thune Bilbray Fossella Manzullo Sherman Thurman in 20 of those states as a result of court chal- Bilirakis Fowler Markey lenges. Bishop Frelinghuysen Mascara NAYS—15 The ban enacted in Ohio in 1995 was the na- Blagojevich Frost Matsui Carson Hastings (FL) Maloney (NY) tion’s first. But it was later struck down by Bliley Gallegly McCarthy (MO) Dingell Jackson (IL) McKinney Blumenauer Ganske McCarthy (NY) a federal judge as being too vague. A rewrit- Fattah Johnson (CT) Velazquez Blunt Gejdenson McCrery ten version of the legislation is being consid- Gilman Lee Waters Boehlert Gekas McDermott ered by the Ohio House Criminal Justice Gonzalez Lowey Watt (NC) Bonilla Gephardt McGovern Committee. Bonior Gibbons McHugh ANSWERED ‘‘PRESENT’’—3 And while Congress has twice approved a Bono Gilchrest McInnis national ban, President Clinton has twice ve- Borski Goode McIntyre Hinchey Schakowsky Slaughter toed it. The federal ban measure was reintro- Boswell Goodlatte McKeon duced in Congress in late April and is ex- Boucher Goodling McNulty NOT VOTING—35 pected to be considered in the Senate in Oc- Boyd Gordon Meehan Bereuter Kilpatrick Pickett tober. Brady (PA) Goss Meek (FL) Boehner Klink Porter Brady (TX) Graham Meeks (NY) Dr. Haskell testified as an expert witness Brown (OH) Lazio Quinn Brown (FL) Granger Menendez Campbell Lewis (GA) Rogan in a trial resulting from a legal challenge of Bryant Green (TX) Metcalf Clay Martinez Rush a partial-birth abortion ban passed in Wis- Burr Green (WI) Mica Ewing McCollum Sandlin consin. He said he has performed approxi- Burton Greenwood Millender- Frank (MA) McIntosh Shuster mately 2,000 D&X procedures, which he now Buyer Gutierrez McDonald Franks (NJ) Moran (VA) Sisisky calls ‘‘intact D&E (dilation and evacuation) Callahan Gutknecht Miller (FL) Gillmor Morella Smith (MI) abortions.’’ Calvert Hall (TX) Miller, Gary Hall (OH) Murtha Stark Camp Hansen Miller, George Traditional D&E abortions, the most com- Houghton Packard Vento Canady Hastings (WA) Minge Jones (OH) Paul mon type of pregnancy termination during Cannon Hayes Mink the second trimester, involve dismembering Capps Hayworth Moakley the fetus. Dr. Haskell said he prefers doing Capuano Hefley Mollohan b 2024 the ‘‘intact D&E’’ or ‘‘D&X’’ procedure after Cardin Herger Moore ´ 20 weeks gestation because bones and liga- Castle Hill (IN) Moran (KS) Ms. VELAZQUEZ changed her vote ments become tougher and stronger at that Chabot Hill (MT) Myrick from ‘‘yea’’ to ‘‘nay.’’ Chambliss Hilleary Nadler age and are more difficult to pull apart. Chenoweth-Hage Hilliard Napolitano Mr. OWENS changed his vote from Ohio pro-lifers were shocked to learn that Clayton Hinojosa Neal ‘‘present’’ to ‘‘yea.’’ the mother of the premature baby girl now Clement Hobson Nethercutt So (two-thirds having voted in favor recovering at Children’s Medical Center in Clyburn Hoeffel Ney thereof) the rules were suspended and Dayton was into her 25th or 26th week of Coble Hoekstra Northup pregnancy when the child was born. Dr. Has- Coburn Holden Norwood the bill was passed. kell has previously testified he does not do Collins Holt Nussle The result of the vote was announced Combest Hooley Oberstar abortions after 24 weeks. And he told the Condit Horn Obey as above recorded. court in the Wisconsin trial he does not per- Conyers Hostettler Olver A motion to reconsider was laid on form abortions on viable fetuses. Cook Hoyer Ortiz the table. The SPEAKER pro tempore. The Cooksey Hulshof Ose Costello Hunter Owens question is on the motion offered by Cox Hutchinson Oxley f the gentleman from Florida (Mr. CAN- Coyne Hyde Pallone ADY) that the House suspend the rules Cramer Inslee Pascrell ANNOUNCEMENT BY THE SPEAKER and pass the bill, H.R. 4292. Crane Isakson Pastor Crowley Istook Payne PRO TEMPORE The question was taken. Cubin Jackson-Lee Pease Mr. CANADY of Florida. Mr. Speak- Cummings (TX) Pelosi The SPEAKER pro tempore (Mr. er, I object to the vote on the ground Cunningham Jefferson Peterson (MN) DICKEY). Pursuant to clause 8 of rule Danner Jenkins Peterson (PA) that a quorum is not present and make Davis (FL) John Petri XX, the Chair announces that he will the point of order that a quorum is not Davis (IL) Johnson, E. B. Phelps postpone further proceedings today on present. Davis (VA) Johnson, Sam Pickering the remaining motions to suspend the Deal Jones (NC) Pitts rules on which a recorded vote or the The SPEAKER pro tempore. Evi- DeFazio Kanjorski Pombo dently a quorum is not present. DeGette Kaptur Pomeroy yeas and nays are ordered, or on which The Sergeant at Arms will notify ab- Delahunt Kasich Portman the vote is objected to under clause 6 of sent Members. DeLauro Kelly Price (NC) rule XX. DeLay Kennedy Pryce (OH) The vote was taken by electronic de- DeMint Kildee Radanovich Any record votes on postponed ques- vice, and there were—yeas 380, nays 15, Deutsch Kind (WI) Rahall tions will be taken tomorrow. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8163 EXPRESSING SENSE OF HOUSE ON not participate or encourage participation in The British Government and the PEACE PROCESS IN NORTHERN the new policing structures unless the Pat- unionists have, so far, failed to show IRELAND ten report is fully implemented; and similar good faith. They firmly need to Whereas on June 15, 2000, British Secretary live up to their agreements in the Good Mr. GILMAN. Mr. Speaker, I move to of State for Northern Ireland Peter suspend the rules and agree to the reso- Mandelson said, ‘‘I remain absolutely deter- Friday Accord, especially concerning lution (H. Res. 547) expressing the sense mined to implement the Patten rec- real police reform as envisioned by the of the House of Representatives with ommendations and to achieve the effective Patten Report of September 1999, a re- respect to the peace process in North- and representative policing service, accepted port consistent with the terms of the ern Ireland, as amended. in every part of Northern Ireland, that his Good Friday Accord. The Clerk read as follows: report aimed to secure’’: Now, therefore, be A 93 percent Protestant police force it H. RES. 547 will not do in a nearly equally divided Resolved, That the House of Whereas the April 10, 1998, Good Friday society. The British Government can- Representatives— not put aside promised change and the Agreement established a framework for the (1) commends the parties for progress to peaceful settlement of the conflict in North- date in implementing all aspects of the Good Good Friday Accord for temporary tac- ern Ireland; Friday Agreement and urges them to move tical or political gain, for whatever Whereas the Good Friday Agreement stat- expeditiously to complete the implementa- reason. The Irish National Caucus and ed that it provided ‘‘the opportunity for a tion; other Irish American groups here fully new beginning to policing in Northern Ire- (2) believes that the full and speedy imple- support this bill, as well as the SDLP, land with a police service capable of attract- mentation of the recommendations of the the largest nationalist Catholic party ing and sustaining support from the commu- Independent Commission on Policing for nity as a whole’’; in the north of Ireland whose leader, Northern Ireland holds the promise of ensur- John Hume, won the Nobel Peace Whereas the Good Friday Agreement pro- ing that the police service in Northern Ire- vided for the establishment of an Inde- Prize. land will gain the support of both national- Seamus Mallon, the SDLP’s deputy pendent Commission on Policing to make ists and unionists and that ‘‘policing struc- ‘‘recommendations for future policing ar- tures and arrangements are such that the po- minister in charge of the executive, rangements in Northern Ireland including lice service is fair and impartial, free from stated to our committee and said that means of encouraging widespread commu- partisan political control, accountable...to failure to implement Patten policing nity support for these arrangements’’; the community it serves, representative of proposals will have a damaging effect Whereas the Independent Commission on the society that it polices...[and] complies Policing, led by Sir Christopher Patten, con- on the whole psyche of the fledgling po- with human rights norms’’, as mandated by cluded its work on September 9, 1999, and litical process. the Good Friday Agreement; and proposed 175 recommendations in its final re- (3) calls upon the British Government to b 2030 port to ensure a new beginning to policing, fully and faithfully implement the rec- consistent with the requirements in the We do not want this, nor can we af- ommendations contained in the September 9, Good Friday Agreement; ford this. The Washington Post noted Whereas the Patten report explicitly 1999, Patten Commission report on policing. in July that the onus remains on the ‘‘warned in the strongest terms against cher- The SPEAKER pro tempore (Mr. British Government to respond to ry-picking from this report or trying to im- PITTS). Pursuant to the rule, the gen- Catholic objections on its failure to plement some major elements of it in isola- tleman from New York (Mr. GILMAN) fully implement all of Patten’s police tion from others’’; and the gentleman from New York (Mr. reforms, since these reforms were part Whereas section 405 of the Admiral James CROWLEY) each will control 20 minutes. of the agreement in the Good Friday W. Nance and Meg Donovan Foreign Rela- The Chair recognizes the gentleman tions Authorization Act, Fiscal Years 2000 Accord. To date, regrettably, they have and 2001 (as contained in H.R. 3427, as en- from New York (Mr. GILMAN). not responded. acted by section 1000(a)(7) of Public Law 106– GENERAL LEAVE At hearings held last week by the 113, and as contained in appendix G to such Mr. GILMAN. Mr. Speaker, I ask gentleman from New Jersey (Chairman Public Law) requires President Clinton to unanimous consent that all Members SMITH) of the Helsinki Commission, a certify, among other things, that the Gov- may have 5 legislative days within Member of the Patten Commission, Dr. ernments of the United Kingdom and Ireland which to revise and extend their re- Gerald Lynch, the president of the are committed to assisting in the full imple- marks on this measure. John J. College of Criminal Justice in mentation of the recommendations con- New York, told us that any significant tained in the Patten Commission report The SPEAKER pro tempore. Is there issued on September 9, 1999 before the Fed- objection to the request of the gen- modification of its recommendations eral Bureau of Investigation or any other tleman from New York? ‘‘will deprive the people of Northern Federal law enforcement agency can provide There was no objection. Ireland of this long-awaited police training for the Royal Ulster Constabulary; Mr. GILMAN. Mr. Speaker, I yield service capable of sustaining support Whereas a May 5, 2000, joint letter by the myself such time as I may consume. from the community as a whole.’’ British Prime Minister and the Irish Prime (Mr. GILMAN asked and was given We also learned that the current Po- Minister stated that ‘‘legislation to imple- permission to revise and extend his re- lice Authority in the North has said it ment the Patten report will, subject to Par- marks.) is ‘‘vital’’ that the police bill now be- liament, be enacted by November 2000’’; Mr. GILMAN. Mr. Speaker, I am fore the British parliament to carry Whereas on May 16, 2000, the British Gov- pleased to support H. Res. 547. I joined ernment published the proposed Police out Patten be amended. (Northern Ireland) bill, which purports to as an original cosponsor of this bill, Finally, a former adviser to the implement in law the Patten report; along with many on our committee and Northern Ireland secretary of state has Whereas many of the signatories to the others from both sides of the aisle fa- also told us that the first draft of the Good Friday Agreement have stated that the miliar with the problems in Northern bill ‘‘eviscerated Patten. The latest proposed Police (Northern Ireland) bill does Ireland. version presents a mostly bloodless not live up to the letter or spirit of the Pat- In Northern Ireland last spring, the ghost.’’ ten report and dilutes or fails to implement IRA’s efforts at putting arms beyond There must be policing reform as the many of the Patten Commission’s key rec- use and having that verified by outside Roman Catholic Church and as Nation- ommendations regarding accountability, such as, by limiting the Policing Board and observers demonstrated their good alist Party leaders want, and are enti- Police Ombudsman’s powers of inquiry, by faith. It made it possible for the power- tled to, as well as was agreed upon in failing to appoint a commissioner to oversee sharing executive to run again and for the Good Friday Accord. The old implementation of the Patten Commission’s real, peaceful democratic change. Unionist ‘‘veto politics’’ must end. 175 recommendations and instead limiting As part of that arrangement to re- I was proud to join as an original co- the commissioner to overseeing those store the executive, in May 2000 the sponsor of this resolution that was changes in policing which are decided upon British and Irish governments made a passed out of our Committee on Inter- by the British Government, and by rejecting firm commitment to the nationalist national Relations without one objec- the Patten Commission’s recommendation community to fully implement the tion. All Members of Congress want to that all police officers in Northern Ireland take an oath expressing an explicit commit- Patten Commission policing reforms see lasting peace and justice to take ment to uphold human rights; that form a core portion of the Good permanent hold in Northern Ireland, Whereas Northern Ireland’s main nation- Friday Accord for a new beginning in and we should act favorably on this alist parties have indicated that they will policing. proposal. H8164 CONGRESSIONAL RECORD — HOUSE September 26, 2000 The resolution before us, Mr. Speak- voted for what we know as the Good mental reform of policing in the North er, merely calls on the British Govern- Friday Agreement. In unprecedented of Ireland. Secretary Mandelson’s posi- ment to fully and faithfully implement numbers, they said yes to the future, a tion, however, has been to come back the Patten Commission report, to future that would include justice, and a and say, we know better, we know which they agreed, both as part of the future that would include reconcili- more. We have decided that, despite Good Friday Accord and the recent res- ation between the two traditions that what Chris Patten said, despite the toration of power sharing executive in have resided on that island. Patten recommendations, despite an the North. But as part of that Good Friday election, that we are now going to com- If the British Government truly in- Agreement, there was a very special promise the very notion of fully inte- tends to do this, there is nothing for provision that cuts to the heart of the grating the police service or police them to fear from this bill. If they are discussion that we are having this force in the North of Ireland. not serious about policing reform, then evening. It established an independent What is difficult for most of us to di- they are not in compliance with the commission on policing that would gest in this process is essentially this: Good Friday Accord, and the judgment make recommendations to the British if we are to go back to the rec- of history will be rightfully harsh. Government and to the Irish Govern- ommendations that Patten made and Now is the time for us to get it right ment. The notion was to create a new essentially say we cannot sell them po- and to fully support the Good Friday policing service capable of attracting litically now, it invites both sides to Accord. and sustaining support from the com- say, let us reopen the Good Friday Mr. Speaker, I reserve the balance of munity as a whole. Agreement. my time. The Nationalist population currently Now, George Mitchell deserves enor- Mr. CROWLEY. Mr. Speaker, I yield comprises about 7 percent of the Royal mous credit for his good and patient myself such time as I may consume. Ultra Constabulary. That means that work. Bill Clinton deserves great credit Mr. Speaker, I rise to voice my sup- the Unionist community, which, by the for his work. Republicans like the gen- port for House Resolution 547. I regret way, represents about 54 percent of the tleman from New York (Mr. GILMAN) that such a resolution is necessary. people in the North, nonetheless con- and others deserve credit for their However, the British Government’s stitutes 93 percent of the police force. work. This has always been bipartisan failure to fully implement the Good The Nationalist community sees them in nature. Friday Agreement and the Patten as a force to keep them in line. Fun- Let me, if I can for a second, read a Commission report is an issue of great damentally, the issue of policing can statement that Vice President Gore has asked me to offer on his behalf: ‘‘I concern among many Members of this change the whole complexion of the also want to make clear my position on body and must be addressed. process in the North of Ireland that we I want to thank the gentleman from know as the Good Friday Agreement. the Patten Commission’s recommenda- tions for police reform in Northern Ire- New York (Chairman GILMAN) for mov- Now, let me delve into this a bit land. I urge the British government to ing this measure along in an expedi- more. On September 24, 1999, Chris Pat- fully and expeditiously implement tious manner, and I want to thank my ten, a conservative member of the Brit- these recommendations. The goal of colleague and friend and cochair of the ish parliament, was chosen to review the Patten Commission’s recommenda- Ad Hoc Committee on Irish Affairs the state of policing in the North of tions is to take politics out of policing here in the House as well, the gen- Ireland. He came back, and, listen to and to create a police service in North- tleman from Massachusetts (Mr. this number, Mr. Speaker, offered to not only take the politics out of polic- ern Ireland that meets the highest pos- NEAL), for introducing this measure. sible standards and that enjoys the Mr. Speaker, I yield such time as he ing in the North, but, just as impor- support of both communities.’’ may consume to the gentleman from tantly, offered 175 recommendations that included changing the name, Now, I would submit tonight, Mr. Massachusetts (Mr. NEAL). Speaker, that if we are to head back to Mr. NEAL of Massachusetts. Mr. changing the flag and emblems of the RUC, a new oath for all the officers, a reopening of the Good Friday Agree- Speaker, let me if I can at the outset ment, canceling the provisions of the thank the gentleman from New York human rights training and a new polic- ing board to be comprised of both com- Good Friday Accord, we are going to (Mr. GILMAN) and thank the gentleman munities. This evening this Chamber invite the rejectionists to step forward. from Connecticut (Mr. GEJDENSON) and should be grateful for what Chris Pat- I would ask the rejectionists of the members of the Committee on Inter- ten did and the efforts that he extended Good Friday Agreement a very simple national Relations for the expeditious on behalf of this fundamental issue. question: tell us your alternative. You manner in which they brought this Now, when he came to Washington at have always had great moments of out- piece of legislation that I authored to the request of the gentleman from New lining what you are against; we would the floor. York (Chairman GILMAN) and the gen- like you to tell what your competing Also I think to fully acknowledge tleman from Connecticut (Mr. GEJDEN- proposal is on behalf of what you are that time and again on the issue of Ire- SON), he presented to us a very cogent for. land, there has been bipartisan support plan for fundamentally restructuring It becomes very obvious to all of us in this House of Representatives for the Royal Ulster Constabulary. What who have been in this process, myself the work that has occurred on this side he said at that time essentially was included, for more than two decades, of the ocean, as well as on that side of this: do not allow my report to be cher- that they really have no alternative to the ocean. ry-picked. Precisely what is happening the Good Friday Agreement. They are House Resolution 547, Mr. Speaker, at this moment in the North of Ireland going to continue to chip away at the simply urges the British Government is the cherry-picking of Chris Patten’s edges, they are going to continue to be to fully implement the Patten rec- recommendations. naysayers, they are going to continue ommendations on police reform in the Now, I would remind all present, as to criticize all of the parties that have North of Ireland. The people on the is- well as those viewing across the coun- brought us to this moment. But the land of Ireland support the Patten rec- try, that there was a democratic elec- point tonight to remember is this, they ommendations, not the Mandelson rec- tion which people in both traditions on provide no viable alternative. ommendations. both sides of the border voted for in There is no option, that I am aware Let me give you a little bit of back- overwhelming numbers. of, other than the Good Friday Agree- ground, if I can, on this issue. Probably So what we are saying essentially ment. It has met the test of time, it en- one of the most difficult problems that here is this, that we have had an agree- joys support across the island; and if has confronted the people in the North ment, we have had an election, and we are to say tonight that the Patten of Ireland for the better part of the pre- now we are going to move the goal- Commission recommendations are to vious century was the issue of policing posts back by another 10 yards, because be, as Chris Patten said, cherry-picked in a small state the size essentially of that is what the Nationalist commu- or taken apart, then what is to prevent what we would know as Connecticut. nity will deem this intransigence to be. the next party from standing and say- But on May 21, 1998, the vast majority Everybody in the British Isles has ing, we do not like this part of the of the people of the island of Ireland concluded that there has to be a funda- Good Friday Agreement? September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8165 The term ‘‘royal’’ should be taken b 2045 It is critical to note, then, that de- out of police service. Members of the Our panel of experts were emphatic spite the progress to date, the British Nationalist community do not want to about the gap that exists between the government is at a critical crossroads swear allegiance to the Queen upon recommendations of the Patten Com- on the path to peace in Northern Ire- taking the oath for joining its police mission on policing reform and the bill land. The British government has the service. Chris Patten understood that; that the British Government has now sole opportunity and responsibility for Tony Blair understood that. That was put forth in their attempt to comply making police reform either the part of this far-reaching agreement, with the Good Friday Agreement’s in- linchpin or the Achilles heel of the that they would not have to swear alle- structions to ‘‘craft a new beginning to Good Friday Agreement. giance to the Queen to join the police policing.’’ Accordingly, our legislation today service. Instead, they would take an Professor Brendan O’Leary, one of calls upon the British government to oath of office similar to the one that our witnesses from the London School fully and faithfully implement the rec- patrolmen and patrolwomen across this of Economics and Political Science, ommendations contained in the Patten Nation take upon entering that serv- testified that the pending police bill is, Commission report. The bill is the cul- ice, simply acknowledging your duties. quote, ‘‘a poorly disguised facade’’ that mination of years of work in terms of I would submit tonight, Mr. Speaker, does not implement the Patten report. trying to get everyone to the point to Members that are going to have a He said it was, and I quote again, where they have a transparent police chance to go at this later on, that my ‘‘mendaciously misleading’’ for North- force that is not wedded to secrecy and words do not ring hollow on this occa- ern Ireland’s Secretary of State, Peter cover-up of human rights abuses. sion. If we allow any part of the Patten Mandelson, to suggest that his govern- Mr. Speaker, H. Res. 547 does get spe- Commission recommendations to be ment’s bill implements the Patten re- cific. It points out that the police bill undone, we invite the naysayers and port. in parliament limits the powers of in- the rejectionists to step to the floor to Professor O’Leary reported that the quiry and investigation envisioned by fill the vacuum. We have to push them bill improved at the Commons stage, the Patten report for the Policing aside and make them in free elections yet he testified that the British gov- Board and the police ombudsman. Re- tell the people what they are for or ernment’s bill is still very ‘‘insuffi- markably, the police bill gives the Sec- what they are against, as opposed to cient.’’ He called it a ‘‘bloodless ghost’’ retary of the State of Ireland a veto sitting in the inexpensive seats and of Patten and referred to it as ‘‘Patten authority to prevent a Policing Board telling all of us how wrong we have light.’’ inquiry if the inquiry ‘‘would serve no Similarly, Martin O’Brien, the great been all along the way. useful purpose.’’ That just turns the human rights activist and the Director Mr. Speaker, I want to thank the bill into a farce, Mr. Speaker. of the Committee on Administration of Members assembled here this evening The British government also pro- Justice, an independent human rights again for their steadfastness. hibits the Policing Board from looking organization in Belfast, expressed his Mr. GILMAN. Mr. Speaker, I yield into any acts that occurred before the organization’s, quote, ‘‘profound dis- myself such time as I may consume. bill was enacted. The British govern- appointment at the developments since Mr. Speaker, I thank the gentleman ment’s bill also denies the ombudsman the publication of the Patten report.’’ from Massachusetts (Mr. NEAL) for his the authority to investigate police He said that ‘‘only a third or less of kind supporting words for this resolu- policies and practices and restricts her Patten’s recommendations resulted in tion. The gentleman has been a long- ability to look at past complaints proposals for legislative change.’’ time leader in the Irish cause in the Mr. O’Brien reported that ‘‘a study of against police officers. And the bill re- Congress. the draft seems to confirm the view stricts the new oversight commissioner 1 Mr. Speaker, I am pleased to yield 6 ⁄2 that the British government is unwill- to assessing only those changes the minutes to the gentleman from New ing,’’ his words, ‘‘to put Patten’s agen- British government agrees to, rather Jersey (Mr. SMITH), the distinguished da into practical effect.’’ He called it than overseeing the implementation of chairman of the Subcommittee on ‘‘a very far cry from the Patten re- the full range of the Patten rec- International Operations and Human port’’ and said ‘‘despite much lobbying ommendations. Rights of the Committee on Inter- and extensive changes in the course of Mr. Speaker, when Mr. Patten met national Relations. the parliamentary process to date, with our committee, I and many others Mr. SMITH of New Jersey. Mr. there is still a very long way to go.’’ expressed our disappointment that his Speaker, I want to thank the gen- Elisa Massimino, from the Lawyer’s report contained no procedure whatso- tleman from New York (Mr. GILMAN) Committee for Human Rights, testified ever for vetting RUC officers who com- for his leadership on this very impor- that the bill ‘‘falls far short of the Pat- mitted human rights abuses in the tant issue, as well as the gentleman ten recommendations’’ and she pointed past. That said, we took some comfort from Massachusetts (Mr. NEAL), the to many discrepancies to illustrate that the Commission at least rec- gentleman from New York (Mr. CROW- this. And Dr. Gerald Lynch, the Presi- ommended that existing police officers LEY), and my good friend, the gen- dent of John Jay College of Criminal should affirmingly state a willingness tleman from New York (Mr. KING), who Justice in New York and an American to uphold human rights. Now we learn has been indefatigable for many years appointee to the Patten Commission, that the British government’s bill guts on this important issue. restated the Commission’s unanimous even this minimalist recommendation. Mr. Speaker, I think the gentleman support for full implementation and Mr. Speaker, let me just conclude, from Massachusetts (Mr. NEAL) is right warned, in his words, ‘‘that the rec- and I ask that my full statement be in pointing out that this is a bipartisan ommendations should not be cherry made a part of the RECORD. Two years effort, and we are trying to send a clear picked but must be implemented in a ago this week, human rights defense non-ambiguous message to the British cohesive and constructive manner.’’ attorney Rosemary Nelson testified be- Government that we are looking at Mr. Speaker, the witnesses at last fore my subcommittee expressing her their policing bill, that we looked at it week’s hearings, as well as witnesses at deepest-held fear that the RUC, which very carefully, and it falls far, far previous hearings, as well as in cor- had made numerous death threats short. respondences that we have all received against her and her family through her Last Friday, as chairman of the Sub- and in the meetings that we have had clients, would one day succeed and as- committee on International Operations throughout this Capitol and in Belfast sassinate her. The U.N. Special and Human Rights and as chairman of and elsewhere, policing has been the Rapporteur testified at the hearing the Helsinki Commission, I held my issue. In fact last year we had Chris that he was satisfied that there was sixth hearing in a series of hearings Patten himself and the U.N. Special truth to those allegations that defense which have delved into the status of Rapporteur to Northern Ireland, Param attorneys were harassed and intimi- human rights in the North of Ireland Cumaraswamy, speak to our sub- dated by members of the RUC. and the deplorable human rights record committee. They too pointed to police As we sadly all know today, Rose- of the Royal Ulster Constabulary, the reform as the essence of real reform in mary Nelson was killed, the victim of RUC, Northern Ireland’s police force. Northern Ireland. an assassin’s car bomb just 6 months H8166 CONGRESSIONAL RECORD — HOUSE September 26, 2000 after she asked us to take action to cherry picked but be implemented in a cohe- apparently to satisfy the concerns of people protect defense attorneys in Northern sive and constructive manner.'' already in the policing establishment who don't Ireland. Her murder is now being inves- Mr. Speaker, the witnesses at last week's want change and don't want the spotlight tigated in part by the RUC, the police hearing, as well as witnesses at previous shown on their past activities or future activi- force that she so feared. If the British hearingsÐincluding Patten himself and U.N. ties.'' government’s police bill continues to Special Rapporteur to Northern Ireland, Param In other words, the future of Northern Ire- reject mechanisms for real account- CumaraswamyÐhave all pointed to police re- land is being held captive to the interests of ability, we may never know who killed form as the essence of real reform in Northern the very police service and other British Gov- Rosemary Nelson or defense attorney Ireland. It is critical to note, then, that despite ernment security services that the Good Fri- Patrick Finucane. And sadly the police the progress to date, the British government is day Agreement sought to reform with the cre- force may never be rid of those who at a critical crossroads on the path to peace ation of the Patten Commission. may have condoned, perhaps helped in Northern Ireland. The British government Mr. Speaker, there should be no doubt cover up, or even took part in some of has the sole opportunityÐand responsibilityÐ about the importance of policing reform in the most egregious human rights for making police reform either the lynchpinÐ Northern Ireland as it relates to the broader abuses in Northern Ireland. or the Achilles' heelÐof the Good Friday peace process. Mr. O'Brien testified that ``the Mr. Speaker, let us have a unanimous Agreement. issue of resolution of policing and the trans- vote for this resolution and send a Accordingly, our legislation today calls upon formation of the criminal justice system are at clear message to our friends on the the British Government to fully and faithfully the heart of establishing a lasting peace.'' Dr. other side of the pond that we want implement the recommendations contained in Gerald Lynch restated Chris Patten's oft-re- real reform and that real police reform the Patten Commission report on policing. Our peated statement that ``the Good Friday is the linchpin to the Good Friday bill is the culmination of our years of work and Agreement would come down to the policing Agreement. it is our urging of an ally to do what is right issue.'' Last Friday, as Chairman of the Inter- for peace in Northern Ireland. national Operations and Human Rights sub- H. Res. 547 does get specific. It now con- Professor O'Leary's comments were even committee and as Chairman of the Helsinki tains language which I offered at the Com- more somber. He said: Commission, I held my sixth hearing in a se- mittee stage to highlight a few of the most In the absence of progress on Patten . . . ries of hearings which have delved into the egregious examples where the proposed Po- we are likely to see a stalling on possible status of human rights in the north of Ireland lice Bill does not live up to either the letter or progress in decommissioning, minimally, the spirit of the Patten report. For instance, and maximally, if one wanted to think of a and the deplorable human rights record of the provocation to send hard line republicans Royal Ulster Constabulary, Northern Ireland's the Police Bill, as currently drafted, limits the back into full scale conflict, one could think police force. powers of inquiry and investigation envisioned of no better choice of policy than to fail to Our panel of experts was emphatic about by the Patten report for the Policing Board and implement the Patten report . . . I think dis- the gap that exists between the recommenda- the Police Ombudsman. Remarkably, the Po- aster can follow . . . and may well follow tions of the Patten Commission on policing re- lice Bill gives the Secretary of State for North- from the failure to implement Patten fully. form and the bill that the British government ern Ireland a veto authority to prevent a Polic- Both the nationalist and unionist commu- has now put forth in their attempt to comply ing Board inquiry if the inquiry would ``serve nities supported the Good Friday Agreement with the Good Friday Agreement's instruction no useful purpose.'' The bill completely pro- and all that it entailedÐincluding police re- to craft ``a new beginning to policing.'' hibits the Policing Board from looking into any form. The people of Northern Ireland deserve Professor Brendan O'Leary from the London acts that occurred before the bill is enacted. no less than a police service that they can School of Economics and Political Science The British Government's Police Bill also trust, that is representative of the community it testified that the pending Policing Bill is ``a denies the Ombudsman authority to inves- serves, and that is accountable for its actions. poorly disguised facade'' that does not imple- tigate police policies and practices and re- In conclusion Mr. Speaker, let me point out ment the Patten report. He said it was ``men- stricts her ability to look at past complaints to my colleagues that it was two years ago daciously misleading'' for Northern Ireland's against police officers. And the bill restricts the this week that human rights defense attorney Secretary of State, Peter Mandelson, to sug- new oversight commissioner to assessing only Rosemary Nelson testified before my sub- gest that this government's bill implements the those changes the British Government agrees committee expressing her deepest held fear Pattern report. to rather than overseeing the implementation that the RUC, which had made death threats Professor O'Leary reported that the bill was of the full range of Patten's recommendations. to her and her family through her clients, improved at the Commons stage, yet he testi- When Mr. Patten himself met without sub- would one day succeed and kill her. The U.N. fied that the British government's bill is still committee, I and many others expressed our Special Rapporteur, Para Cumaraswamy testi- ``insufficient''. He called it a ``bloodless ghost'' disappointment that his report contained no fied at the same hearing that after his inves- of Patten and referred to it as ``Patten light.'' procedure for vetting RUC officers who com- Similarly, Martin O'Brien, Director of the mitted human rights abuses in the past. That tigation in Northern Ireland, he was ``satisfied Committee on the Administration of Justice, an said, we took some comfort that the Commis- that there was truth in the allegations that de- independent human rights organization in Bel- sion at least recommended that the existing fense attorneys were harassed and intimi- fast, expressed his organization's ``profound police officers should affirmatively state a will- dated'' by members of the RUC. disappointment at the developments since the ingness to uphold human rights. Now we learn As many people know, Rosemary Nelson publication of the Patten report.'' He said that that the British Government's bill guts even was killedÐthe victim of an assassin's car ``only a third or less of Patten's recommenda- this minimalist recommendation. bomb just six months after she asked us to tions resulted in proposal for legislative Many of the reforms that the Patten Com- take action to protect defense attorneys in change.'' mission recommended, such as those ad- Northern Ireland. Her murder is now being in- Mr. O'Brien reported that ``a study of the dressing police accountability or the incorpora- vestigated, in part, by the RUCÐthe police draft to confirm the view that government is tion of international human rights standards force she so feared. If the British govern- unwilling to put Patten's agenda into practical into police practices and training, are not ment's Police Bill continues to reject mecha- effect.'' He called the bill ``a very far cry from issues that divide the nationalist and unionist nisms for real accountability, we may never the Patten report'' and said ``despite much lob- communities in Northern Ireland. One must know who killed Rosemary Nelson, and de- bying and extensive changes in the course of ask then, who it is that the Northern Ireland fense attorney Patrick Finucane. And sadly the the parliamentary process to date, there is still Secretary of State is trying to protect or pacify police force may never be rid of those who a long way to go.'' by failing to implement these recommenda- may have condoned, helped cover-up, or even Elisa Massimino, from the Lawyer's Com- tions. took part in some of the most egregious mittee for Human Rights, testified that the bill Our witnesses concluded that the British human rights abuses in Northern Ireland. ``falls far short'' of the Patten recommenda- Government is hiding behind the division be- I strongly urge my colleagues to support this tions. And Dr. Gerald Lynch, the President of tween unionist and nationalists on other measure before us today in order to express John Jay College of Criminal Justice in New issuesÐsuch as what the police service's in the strongest terms possible to the British York and an American appointee to the Patten name and symbols will beÐto avoid making government our support for implementation of Commission, restated the Commissions unani- changes in accountability structures and the full Patten report and its very modest rec- mous support for full implementation and human rights standards for the police. Accord- ommendations for a ``new beginning in polic- warned that ``the recommendations not be ing to Mr. O'Brien, ``these constraints are there ing.'' September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8167

STATEMENT OF GERALD W. LYNCH, PRESIDENT, We held 40 hearings throughout Northern a just and peaceful society where the human JOHN JAY COLLEGE OF CRIMINAL JUSTICE, Ireland—the first and only time such a com- rights of all are fully protected. In recogni- THE CITY UNIVERSITY OF NEW YORK, BE- mission went directly to the public. These tion of its efforts to place human rights at FORE THE COMMISSION ON SECURITY AND CO- hearings were extremely tense. More than the heart of the peace process, CAJ was OPERATION IN EUROPE (THE HELSINKI COM- 10,000 people attended. More than 1,000 spoke. awarded the 1998 Human Rights Prize by the MISSION), SEPTEMBER 22, 2000 Emotions ran high as they described past then 40 Member States of the Council of Eu- Mr. Chairman and distinguished members cruelties and allegations of murder, torture rope. We have a broad remit which covers of the Commission on Security and Coopera- and brutality on both sides. many conflict-related issues such as pris- tion in Europe. I want to thank you for the We listened. We heard the pain. We felt the oners, emergency law, miscarriages of jus- opportunity to present testimony regarding suffering. We understood the need to move tice, and also issues such as fair employ- the work of the Independent Commission on on to a solution to help forge a future in ment, the rights of women and children, peo- Policing for Northern Ireland, commonly Northern Ireland that involved more than ple with disabilities, and the need for effec- known as the Patten Commission. I would endless re-creations of the terrible past. tive government action to prevent racial dis- like to discuss the Policing Bill which is be- We realized early in our deliberations that crimination. fore the British Parliament. whatever we recommended would need to Since our foundation in 1981, we have When I was introduced to the then Sec- pass muster not just in Britain and Ireland worked consistently on issues of policing retary of State for Northern Ireland, Mo but with police organizations worldwide. and, as early as 1995, CAJ argued for an inde- Mowlam, she said to me: ‘‘How did you get Chris Patten said of his work on the Com- pendent international commission to look Ted Kennedy and Ronnie Flanagan to agree mission: ‘‘It was the most difficult, painful, into future policing in Northern Ireland. Ac- on you? (Sir Ronnie Flanagan is the Chief and emotionally draining thing I have ever cordingly we worked hard to ensure that the Constable of the Royal Ulster Constabulary.) done or would ever wish to do.’’ I concur establishment of such a body would be pro- I told the Secretary that I believed they completely. vided for in the Good Friday Agreement. We agree on me because John Jay College has The Patten report provides a framework on welcomed the broad terms of reference given provided training around the world empha- which a police service built on a foundation to the Commission by the Agreement, and sizing human rights and human dignity. of human rights can be achieved. Again I sought to work constructively with the Com- Moreover, John Jay has had an exchange of quote, ‘‘We recommended a comprehensive mission as soon as it came into being, under police and faculty for 30 years with the Brit- program of action to focus policing in North- the chairmanship of the Chris Patten. We ish police, and for more than 20 years with ern Ireland on a human rights-based ap- were fortunate in that we had earlier secured the Garda—as well as an exchange with the proach. funding from the Ford Foundation and oth- R.U.C. for over 20 years. Over that time there Training will be one of the keys to instill- ers to undertake a major comparative re- had been hundreds of meetings and inter- ing a human rights-based approach into both search project into good policing around the actions among British, Irish and American new recruits and experienced police per- world. The findings arising from that study police and criminal-justice experts. The con- sonnel. We recommend that all police offi- underpinned all our work with the Commis- tinuing dialogue had generated an exchange cers, and police civilians, should be trained sion and were, we believe—from a reading of of ideas and technology that was totally pro- . . . in the fundamental principles and stand- the recommendations—useful to the Com- fessional—and totally non-partisan. ards of human rights and the practical impli- mission in its work. Many of John Jay’s exchange scholars cations for policing. . . . We recommend the In testimony in September 1999 to Con- have risen to high ranks in Britain, Ireland human rights dimension should be inte- gress on the findings of the Patten Commis- and America. The current Commissioner of grated into every module of police training’’. sion, we concluded that: ‘‘CAJ believes that, the police of New Scotland Yard, Sir John Another core issue which has not received in general terms, the Commission has made Stevens, was the exchange scholar at John the attention of the media is the Patten a very genuine and constructive effort to Jay for the Fall of 1984. Commission’s recommendation that a new meet the difficult task imposed on it by the I am honored to have been selected to be a police college be established in Northern Ire- Agreement. They have put forward many member of the Patten Commission. land. Central to any organizations ability to thoughtful and positive recommendations The Patten Report states that: ‘‘the oppor- imbue its members with a focus on human about the way forward. Most importantly of tunity for a new beginning to policing in rights is a facility at which to conduct the all, they have recognized (as did the Agree- Northern Ireland with a police service capa- necessary work and an appropriate cur- ment itself) that just as human rights must ble of attracting and sustaining support from riculum. An educated police officer is a bet- be at the heart of a just and peaceful society the community as a whole . . . cannot be ter police officer. in Northern Ireland, it must be at the heart achieved unless the reality that part of the The Patten Report stated: ‘‘as a matter of of future policing arrangements.’’ community feels unable to identify with the priority, . . . all members of the police serv- CAJ went on, however, to outline for Con- present name and symbols associated with ice should be instructed in the implications gress, some of the serious reservations we, the police is addressed. . . . our proposals for policing of the Human Rights Act 1998, and other human rights groups, had regard- seek to achieve a situation in which people and the wider context of the European Con- ing the omissions from the Patten report. can be British, Irish or Northern Irish, as vention on Human Rights and the Universal Amongst other things, we expressed concern they wish, and all regard the police service Declaration of Human Rights. Human dig- as to the feasibility of bringing about real as their own. nity training, along the lines of that offered changes to policing if emergency powers are We therefore recommend: by John Jay College in New York to the New still retained, if plastic bullets are still de- The Royal Ulster Constabulary should York Police Department and police services ployed, and if officers, known to have com- henceforth be named the Northern Ireland from some fifty countries, should also be mitted human rights abuses in the past, re- Police Service. provided. Like community awareness train- main as serving officers. That the Northern Ireland Police Service Despite these important shortcomings, ing, human rights and human dignity should adopt a new badge and symbols which are en- however, the main thrust of our submission not be seen as an add-on to training, but as tirely free from any association with either at that time was to urge Congress to use its a consideration affecting all aspects of train- the British or Irish states (We not that the best offices to push for speedy implementa- ing.’’ (Chapter 16.21) Assembly adopted a crest acceptable to all tion of the positive recommendations arising The recommendations of the Patten Com- parties, namely, the symbol of the flax) from Patten. Though Patten’s recommenda- mission were unanimous. It is crucial that That the union flag should not longer be tions did not address everything that was the recommendations not be cherry picked flown from police buildings needed for genuine change, they gave a clear but be implemented in a cohesive and con- That, on those occasions on which it is ap- framework within which change could occur, structive manner. The people of Northern propriate to fly a flag on police buildings, and they pointed all those interested in fun- Ireland deserve no less than this new begin- the flag should be that of Northern Ireland damental reform in the right direction. Police Service, and it, too, should be free ning for policing. Any significant modifica- Unfortunately, as we said in our earlier from association with the British or Irish tions will deprive them of this long awaited testimony ‘‘implementation is everything’’, states’’. police service capable of sustaining support and in that context, CAJ must report to Con- The Patten Commission worked for 15 from the community as a whole. gress our profound disappointment at devel- months. We sought the best professional opments since the publication of the Patten models and practices for policing a divided STATEMENT BY MARTIN O’BRIEN, COMMITTEE report. Our concerns about implementation society in a democracy. We held meetings ON THE ADMINISTRATION OF JUSTICE, BEL- are twofold. First, many of the changes Pat- not only in Belfast, Dublin, and London but FAST, BEFORE THE U.S. CONGRESS REGARD- ten called for are long over-due, and speed is in New York. Washington, California, Can- ING POLICING IN NORTHERN IRELAND, FRI- of the essence. Second, and as important, a ada, Belgium, Spain and South Africa. From DAY, 22 SEPTEMBER 2000 hesitant or unwilling approach to major the beginning, we met with the police, cler- Thank you for your invitation to testify change—which is what we are experiencing— gy, politicians, civil-libertarians and com- today. The Committee on the Administra- feeds fears that change will be short-lived, munity groups. We went to police head- tion of Justice (CAJ) is an independent and indeed will be under-mined over the quarters. We visited every police sub-station human rights organisation which draws its longer term. in Northern Ireland. We literally talked to membership from across the different com- One of the key findings of our earlier inter- thousands of police officers. munities in Northern Ireland. CAJ works for national research was that political will is H8168 CONGRESSIONAL RECORD — HOUSE September 26, 2000 always a determining factor in preventing or If government does want to implement 1. Urge the Prime Minister, Tony Blair, to facilitating successful change. Initially, it Patten, as it says it does, why is it still re- amend the draft legislation to ensure that it seemed to observers that the necessary polit- sistant to a whole range of important safe- reflects both the letter and spirit of Patten. ical will did in fact exist within government guards which Patten called for? Why is it im- Urge that the legislation conform in par- for change. Yet, since the publication of the possible to get government agreement to in- ticular, to Patten’s exhortation that ‘‘the Patten report, the signs have been ominous. clude explicit reference in the legislation to fundamental purpose of policing should be, Patten called for the speedy appointment a broad range of international human rights in the words of the Agreement, the protec- of an Oversight Commissioner to oversee the norms and standards? What reason can there tion and vindication of the human rights of pace and nature of change. The Commission be for the government denying any role to all’’. Congress should make it clear that fu- said ‘‘we believe that a mechanism is needed the NI Human Rights Commission in advis- ture US–UK policing cooperation is depend- to oversee the changes required of all those ing on the police use of plastic bullets? Why ent to a large extent on Patten’s rec- involved in the development of the new po- are effective inquiry powers for the Policing ommendations being fully implemented. licing arrangements, and to assure the com- Board consistently opposed? Why is the Sec- 2. Congress should urge the UK and Irish munity that all aspects of our report are retary of State so adamant that the Police governments to recognise the importance of being implemented and being seen to be im- Ombudsperson cannot have the powers to in- greater external oversight of the transition plemented’’. This recommendation was ac- vestigate police policies and practices that process, and ask that the Oversight Commis- cepted by government, but Tom Constantine Patten called for? Why was the appointment sioner be accorded the resources and remit was only appointed on 31 May 2000—almost of the Oversight Commissioner so long de- necessary to this vital work. nine months after the Patten report was layed, and why is his term of office so cur- 3. Congress should commit itself to moni- published. This tardy appointment meant tailed in the legislation? toring developments closely in the coming that the Commissioner was excluded from There will be some that claim that govern- months, and urge the US Administration to scrutinising the draft legislation, played no ment cannot move fast on certain issues, do the same. Congress may, for example, part in the detailed Implementation Plan precisely because Northern Ireland is di- want to consider holding further Hearings in prepared by the Northern Ireland Office and vided, and policing is a very divisive issue. due course to receive a progress report on de- the policing establishment, and has still to While there are, of course, many contentious velopments. appoint staff, take on a public profile, and issues (the name and symbols, for example), To conclude, I hardly need to remind the produce his first report. none of the important issues listed above di- Chairperson that, defence lawyer and CAJ Given this delay, any change that has vide nationalist and unionist. They do, how- executive member, Rosemary Nelson, testi- taken place to date has been dictated by ever, clearly divide those who want to defend fied before him and other members of Con- those who have been responsible for policing the status quo, from those who want a police gress on issues of policing almost two years over the last 30 years and who have resisted service that is impartial, representative, and ago—on the 29 September 1998. change in the past. Only a third or less of accountable—able and willing to ensure that The concerns she raised in her testimony, Patten’s recommendations resulted in pro- the rule of law is upheld. her terrible murder a short while later, and posals for legislative change, so that the vast Some of the obstacles to real change can the subsequent police investigation, remind majority of the programme of change has be detected by a study of the parliamentary us—if we need reminding—that policing been left to the discretion of senior civil record. A government minister, in the course change in Northern Ireland is not an ab- servants, and the Chief Constable. Indeed, of the Commons debate, resisted any amend- stract or intellectual debate. It is about the much of the change—whether in terms of po- ments that sought to make policing subject lives of real people. We must bring about po- lice training, police re-organisation, or in to international human rights and stand- licing change in Northern Ireland; and we terms of crucial decisions relating to Special ards. He said: ‘‘Some appalling human rights must ensure that that change is right. Everything that the US Congress can do to Branch, detention centres, the use of plastic abuses . . . take place around the world. help those of us on the ground secure such bullets, or the extent of stop-and-search ac- Those low standards should not be compared change will, as always, be greatly appre- tivities—lies largely at the discretion of the with the past activities of the RUC . . . The RUC carried out a difficult job, often in ciated. Chief Constable alone. Only with the ap- Thank you. pointment of a new Policing Board (the po- impossible circumstances. Such comparisons litical composition of which is as yet uncer- as might be made in the light of the amend- TESTIMONY OF ELISA MASSIMINO, DIRECTOR, tain), and/or an active and high profile Over- ment could cause unnecessary offense. We WASHINGTON OFFICE, LAWYERS COMMITTEE sight Commissioner, will people outside the might reasonably say that, against the FOR HUMAN RIGHTS, ON PROTECTING HUMAN policing establishment be able to influence norms in question, the RUC has a good RIGHTS AND SECURING PEACE IN NORTHERN or assess the extent of real change underway. record on human rights’’. Government ap- IRELAND: THE VITAL ROLE OF POLICE RE- The slowness in appointing an external pears to reject out-of-hand the many past re- FORM, SEPTEMBER 22, 2000 Oversight Commissioner has left government ports of the United Nations, and respected I. INTRODUCTION open to the charge that the nature and pace international non-governmental organiza- of change has been deliberately left in the tions, which criticised the RUC. This stance Chairman Smith and members of the Com- hands of those who have so mis-managed po- presumably explains the legislation’s failure mission, thankyou for inviting me to testify licing in the past. This charge is not easily to address the legacy of the past. Yet, if gov- today. You have been a true champion of refuted. A study of the draft legislation, for ernment is unwilling to admit past problems, human rights in the Congress, and you and example, merely seems to confirm the view can the necessary change occur? your dedicated staff have done so much to that government is unwilling to put Patten’s CAJ’s fears about the pace and nature of shine a spotlight on human rights problems agenda into practical effect. The draft legis- policing change are further heightened by in Northern Ireland and around the world. lation first presented to the House of Com- the government’s approach to the separate Your leadership on these issues has made a mons in May was a very far cry from the but complementary Chemical Justice Review real difference. We want to take this oppor- Patten report, and despite much lobbying, (also established as part of the Good Friday tunity to commend you for this important and extensive changes in the course of the Agreement). The interrelationship between work, and to thank you. parliamentary process to date, there is still policing and the criminal justice system is The Lawyers Committee for Human Rights a long way to go. (I would like, with the self-evident. Accordingly, it is extremely dis- has been working to advance human rights Chair’s permission, to have read into the turbing to have to report to Congress that in Northern Ireland since 1990. We have pub- record two commentaries on the legislation. CAJ has serious concerns about the nature lished a number of reports about the intimi- One is a short CAJ briefing on the major out- and pace of change proposed in the criminal dation and murder of defense lawyers in standing concerns in the policing legislation, justice sphere also. A new appointment sys- Northern Ireland, with particular focus on and the other is a detailed series of amend- tem for judges, changes to the prosecution the cases of solicitors Patrick Finucane and ments which CAJ believes must be intro- service, and a re-vamping of the criminal Rosemary Nelson. As you know well, the pre- duced if the legislation is to faithfully re- justice system generally, are long-overdue carious situation of defense lawyers in flect Patten). changes. The government timetable clearly Northern Ireland is closely linked to the Of course, to judge by official government does not recognise any urgency; CAJ, how- emergency law system and to the conduct of statements, one would have thought that ever, feels that Northern Ireland cannot af- the police. For the last year and a half, we government was fulfilling Patten in its first ford any further delay. have paid special attention to the peace draft legislative text in May. The same Of course, change is inevitably difficult; process in Northern Ireland and, in par- claim—to be fulfilling Patten—was still and change of the scale and nature required ticular, the central issue of police reform. being asserted in July (when, by its own ad- in Northern Ireland is particularly difficult. We appreciate the opportunity to be here mission, it had already made 52 substantive We urge the US Congress to use its best today to share with you our views on the sta- changes to bring the initial draft in line with endeavours to lend its support to the UK and tus of efforts by the British Government to Patten). Further amendments have again Irish governments as they work, with local implement the recommendations made by been promised in the next few weeks, prior politicians, to develop a more just and peace- the Patten Commission. to the House of Lords debate. However, on ful society in Northern Ireland. In par- II. THE PATTEN COMMISSION RECOMMENDATIONS the basis of CAJ’s understanding to date, the ticular, we hope that Congress would work, AND THE PENDING POLICE BILL changes that are to be offered will still not both directly, and—as appropriate—in con- The Patten Commission’s mandate was as deliver the Patten agenda. junction with the US Administration, to: ambitious as it was critically important to September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8169 Northern’s Ireland’s future. The Good Friday the Oversight Commissioner. These two doc- will require having a process for addressing Agreement called on the Commission to pro- uments, which purport to guide the imple- past violations. Because we believe that fu- pose a new structure for policing in Northern mentation of the Patten Commission rec- ture progress in developing a rights-sensitive Ireland that would make the police service ommendations, appear now to be the meas- police force in Northern Ireland depends on accountable, representative of the society in uring stick by which the Oversight Commis- breaking the existing cycle of impunity, we policies and reflective of principles of human sioner intends to judge implementation. And urged the Patten Commission to make rec- rights. (The Agreement, Policing and Jus- yet these plans—the Government’s and the ommendations to the British Government in tice, para. 2) RUC’s—do not themselves fully implement two specific cases: the 1989 murder of Patrick Although we were disappointed that the the Patten Commission recommendations. Finucane and the murder of Rosemary Nel- Patten Commission did not directly address This seems to us to relegate the role of the son last year. We regret that the Commis- some key issues, such as the continued use of Oversight Commissioner to that of making sion’s report was silent with respect to these emergency powers, which provides the breed- sure that the police follow through on the cases. While we understand Mr. Patten’s con- ing ground for many of the human rights changes they decide they want to under- clusion that the Commission’s work was abuses that persist in Northern Ireland, we take—a far cry from ensuring that the Pat- ‘‘forward-looking,’’ our own experience in believe that, on the whole, the Patten Com- ten Commission reforms are truly imple- situations such as these has been that soci- mission successfully integrated human mented. eties cannot reconcile until the legacy of rights principles into its program for reform. C. Reference to international human rights past abuses is squarely confronted. Although The Patten Commission Report provides a standards it is clear that not all of these abuses can be clear roadmap for building an effective and Although the British Government has re- addressed or rectified, there are certain publicly-supported police force. If the British peatedly asserted that it ‘‘recognizes the im- cases that embody the most profoundly en- Government were to fully implement the portance of human rights,’’ its ongoing re- trenched practices and problems that the Patten Commission’s recommendations, it sistance to inserting reference to inter- peace process seeks to overcome. If a solid could make Northern Ireland a model for national human rights standards into the foundation for the future is to be laid, these other civil societies transitioning from con- language of the Police Bill raises serious cases must be resolved. flict to peace. questions. The conduct of police in Northern For this reason, we urge the Helsinki Com- But unfortunately, the British Govern- Ireland has been the subject of numerous re- mission to continue its vigilant attention to ment has taken a different path. Despite ports by non-governmental human rights or- the Finucane and Nelson case, at the same more than 50 substantive amendments, the ganizations and UN bodies, including by time as it examines broader reforms pro- bill now pending in Parliament that is meant Dato’ Param Cumaraswamy, the UN Special posed by the Patten Commission. Because I to implement the Patten Commission rec- Rapporteur on the Independence of Judges know you share our keen interest in these ommendations falls far short of doing so. and Lawyers. Many of these reports have two cases, Chairman Smith, I will devote the There are serious deficiencies in the legisla- concluded that police conduct in Northern remainder of my testimony to summarizing tion now under consideration, many of which Ireland violates internationally recognized the current status of those cases. have been discussed in detail by my col- human rights standards. Chairman Patten, A. Patrick Finucane leagues on this panel. But I would like to in his statement accompanying the release Now is a critical moment in the struggle highlight three issues regarding the Police of the Commission’s report, highlighted the Bill that are of particular concern to the for justice in the Finucane case. As you central importance of human rights stand- know, the Lawyers Committee has done ex- Lawyers Committee for Human Rights be- ards to the Commission’s approach to police cause they directly undermine the central tensive research into the circumstances sur- reform: ‘‘We recommend a comprehensive rounding the murder and has concluded that principles of accountability and human programme of action to focus on policing in rights around which the Patten Commission there is compelling evidence to suggest that Northern Ireland on a human rights-based British Army intelligence and the RUC were recommendations revolve. Last month in a approach. We see the upholding of funda- letter to Peter Mandelson, the Secretary of complicit in the murder. Three weeks ago, mental human rights as the very purpose of Prime Minister Tony Blair met with the State for Northern Ireland, we raised these policing, and we propose that it should be in- and other concerns in detail. I would like to family of Mr. Finucane. The meeting was stilled in all officers from the start—in the brokered by Taoiseach Bertie Ahern, who submit a copy of that letter, dated August oath they take, in their training, and in 16th, for your review and for the record. himself endorsed an independent inquiry their codes of practice and in their perform- after meeting with the Finucane family in A. Limitations on the policing board and police ance appraisal system.’’ In light of this clear February. During that meeting, Mr. Ahern ombudsman statement of the human rights foundations was provided with a new report by British The Policing Board and the Police Om- of the Patten Commission’s recommenda- Irish Rights Watch (BIRW) that details fur- budsman are entities intended to be respon- tions, the failure to incorporate reference to ther credible evidence of collusion. Although sible for monitoring police conduct. The cur- international human rights standards into the same report was provided to the British rent Police Bill, however, places crippling the Police Bill is striking. Government, there has yet to be a reply to limitations on these bodies that would sig- The failure of the British Government to the substance of the allegations in the re- nificantly reduce their effectiveness. For ex- adequately address these concerns with the port. ample, the Bill would undermine the Polic- Police Bill, combined with the slow pace of Nonetheless, during the meeting this ing Board’s ability to conduct reviews of on- other reform measures, has already led to an month with Prime Minister Blair, members going police operations. Likewise, the Bill erosion of confidence in the ongoing process of the Finucane family, along with Paul fails to clearly provide the authority for the and doubts about the Government’s inten- Mageean from CAJ and Jane Winter from Police Ombudsman to investigate police tions. Many who support reform have begun BIRW, presented the BIRW report and other practices and policies, in addition to allega- to wonder whether the Government is aban- information supporting the allegation of of- tions of past abuse. A credible system of in- doning its stated intention to fully imple- ficial collusion in the murder of Mr. vestigation and inquiry into alleged abuses ment the Patten Commission recommenda- Finucane. Mr. Blair appeared to be deeply and abusive practices is one of the best tions. This perception will have serious con- concerned by the allegations and pledged guardians against such practices. But if the sequences for the long-term prospects for that he would read and consider all the evi- Police Bill is approved in its current form, peace. For example, under the Patten Com- dence. He conveyed to the Finucane family with significant limitations on the powers of mission proposals, 600 police officers were that he ‘‘personally’’ wants to know if the al- the Policing Board and Ombudsman, the ca- supported to volunteer to retire by the end legations are true and would put anyone pacity for creating such a system will be se- of next month. This proposal was based on guilty of collusion ‘‘out of a job.’’ verely limited. the assumption that adequate compensation On September 8th, we wrote a letter to B. The oversight commissioner would be offered as an incentive to retire. Prime Minister Blair to urge him to author- Implementation of the Patten Commission But so far, only 91 officers have come for- ize an independent inquiry. As we stated in reforms was thought by no one to be a sim- ward to volunteer. According to a Police the letter, ‘‘We firmly believe that such an ple task, which is why the position of Over- Federation spokesman quoted in a recent ar- independent public inquiry will serve both to sight Commissioner was viewed as so impor- ticle in the Daily Telegraph, the Government help learn the truth about the circumstances tant. But the long delay in appointing an in- has stated that no officer should benefit be- surrounding the murder and to publicly con- dividual to serve in that post, and the limi- yond the sum they would earn if they re- firm [the British] government’s commitment tations that have been placed on his man- mained on the force. When the Police Fed- to establishing official accountability for date, create formidable barriers to his effec- eration asked the Government what incen- human rights abuses.’’ I have included a tiveness. In part due to the delay in his ap- tive this would give officers to retire, they copy of our letter to Prime Minister Blair pointment, the Oversight Commissioner has were not given a credible answer. I would ask with my testimony and ask that it be in- played no role in the process of drafting the that a copy of this September 10th article be cluded in the record. Police Bill. The British Government pub- included in the record of this hearing. Establishment of an independent inquiry lished its Implementation Plan before the III. BREAKING THE CYCLE OF IMPUNITY would be a significant breakthrough, and we Oversight Commissioner was even appointed; As so many societies transitioning from urge you, Chairman Smith, and your col- the RUC likewise came up with its own conflict to peace have learned, building a leagues in the Congress to do all you can to ‘‘Programme for Change’’ with no input from culture of human rights and accountability encourage Mr. Blair to make this decision. H8170 CONGRESSIONAL RECORD — HOUSE September 26, 2000 A look at the current status of the Stevens by a car bomb on March 15, 1999. Prior to her ment to creating a representative and ac- investigation reveals how desperately nec- death, Ms. Nelson received numerous death countable police force for Northern Ireland’s essary such an independent inquiry is in this threats, including those made by RUC offi- future. Thank you. case. The current 18 month-long inquiry is cers relayed through her clients. Ms. Nelson the third such investigation by Mr. Stevens, never received government protection de- WHY FAILING TO IMPLEMENT THE PATTEN who began the first of these investigations in spite many appeals made to the Northern REPORT MATTERS 1990. Ireland Office and the RUC to protect her (By Professor Brendan O’Leary) As we have testified previously, we believe life, including those made by Dato’ Param The present political position in Northern Ire- the Steven’s investigation is inadequate and Cumaraswamy, United Nations Special land lacks the capacity to uncover the truth Rapporteur on the Independence of Judges The Belfast Agreement of April 10, 1998 was about allegations of official collusion in the and Lawyers. During the time that Ms. Nel- a major achievement (O’Leary 1999a). Novel murder. As you may recall, we reported to son became a target of official harassment, institution-building was flanked by peace you last March that Mr. Steven had arrested she herself became an outspoken critic of the and confidence-building processes involving and brought murder charges against William RUC, and, thanks to you Chairman Smith, cease-fires by paramilitary organisations, Stobie, a former UDA quartermaster who was able to bring her case all the way to the the release of their incarcerated prisoners, worked or RUC Special Branch, in June 1999. U.S. Congress. At that time, she expressed and commitments to protect human rights, At Mr. Stobie’s bail hearing, lawyer for the deep fear regarding her safety and that of entrench equality, demilitarise the region, Crown told the high court that recent state- her family. assist in decommissioning by the proxies of ments made by journalist Neil Mulholland The current criminal investigation of Ms. paramilitaries, and the reform of the admin- led to Stobie’s arrest. However, Mr. Stobie’s Nelson’s murder is lead by London detective istration of justice and policing. lawyer revealed at the bail hearing that Colin Port and has been underway for almost Implementing the Agreement was always Stobie had been interviewed in 1990 for more a year and a half. To date, the investigation going to be difficult. But as I deliver this tes- than 40 hours by members of the RUC Spe- team has taken 1,700 statements, spoken to timony just four items, all in the domain of cial Branch. These interviews, which in- more than 7,000 potential witnesses and un- confidence-building, await full or effective cluded Stobie’s confession to supplying the earthed 7,000 lines of inquiry, but has yet to beginnings in implementation. These are: weapons used in the murder, were tran- charge anyone in connection with the mur- 1. Decommissioning by republican and loy- scribed and have been available to the au- der. Because Mr. Port’s investigation is lim- alist paramilitaries; thorities since 1990. Among other things, ited to the specific circumstances of the 2. The reform of the system of criminal these notes identify the names of the mem- murder, we do not believe that his team can justice; bers of the RUC Special Branch who had effectively address the larger issue of who 3. Demilitarization; and been warned about the murder. At that time, authored the crime and whether official col- 4. Policing reform. the authorities never charged Stobie with lusion was involved. Furthermore, Mr. Port These items are inter-linked. Full demili- murder, and the Director of Public Prosecu- does not address the threats made against tarization and full decommissioning are mu- tions dropped unrelated firearms charges Ms. Nelson by RUC officers, and this practice tually interdependent. Decommissioning— against him in 1991. continues today. the timetable for which has been postponed Since the last congressional hearing into In the past we have expressed concern re- by the agreement of the parties who made these matters, the charges against Mr. garding the British Government’s inadequate the Agreement—is seen in republican circles Stobie have been lessened to aiding and abet- response to Ms. Nelson’s situation, not only as conditional on the UK government ful- ting murder. We have also learned that a key regarding the failure to provide her protec- filling its public promises to implement the witness in the prosecution of Mr. Stobie may tion but also to discipline those officers al- Patten Report. A specific promise is said to no longer be available and the charges leged to have harassed her. We believe that have been given to that effect in Spring against Mr. Stobie may be dropped entirely. both of these issues must be addressed if the 2000—amidst negotiations that linked police If brought to trial, Mr. Stobie reportedly in- new accountability structures established by reform, decommissioning and the lifting of tends to reveal the full extent of the RUC’s the Police Bill are to be effective. the suspension of the Agreement’s institu- involvement in the murder of Mr. Finucane. In particular, the new Police Ombudsmen tions unilaterally imposed by the UK Sec- This past August, Mr. Steven’s team, now office must be able to have full power and retary of State in February (a measure that directed by Commander Hugh Orde, seized independence to investigate complaints in many eyes breached international law). thousands of intelligence documents from against the new police force. As we have The UK government states that it is imple- British army headquarters revealing new shared with you in previous testimonies, the menting the Patten Report in full. Indeed its evidence of Loyalist and military collusion RUC’s investigation into Ms. Nelson’s com- Prime Minister, the Secretary of State for in the murder of Mr. Finucane that report- plaints were found to be inadequate and un- Northern Ireland, and the Explanatory Notes edly will be used to arrest new suspects. This satisfactory by the Independent Commission issued by the Northern Ireland Office accom- new development contrasts with the 1995 de- for Police Complaints (ICPC). The file sent panying the Police Bill currently before the cision of the Director of Public Prosecutions to the Director of Public Prosecution failed UK Parliament, flatly declare their inten- not to prosecute anyone from the military. to provide sufficient evidence to support tion to give effect to the recommendations This decision was reached despite evidence of prosecution or discipline and these officers of the Patten Commission. That has not been collusion arising out of information relating still serve as police officers. Colleagues of true, and is still manifestly not true. to Brian Nelson, a double agent recruited by Ms. Nelson viewed hers as the ‘‘test case,’’ In contrast the UK government often im- British Army Intelligence while he served as and Ms. Nelson allegedly filed her complaint plies, usually in off-the-record briefings, that chief intelligence officer for the Ulster De- to test the adequacy of the system. To be ef- it cannot implement the Patten Report in fense Association. The recent discovery of fective, the new Ombudsman will have the full because of the ‘security situation’. This these intelligence documents also suggests added challenge of proving to those subject more honest position, albeit in dissembling the involvement of Brigadier John Gordon to police harassment that they can place contradiction with its official one, would Kerr. Mr. Kerr, now a British military atta- their confidence in the investigation mecha- have credibility if the necessary preparatory che in Beijing, oversaw Brian Nelson at the nism. legislative and managerial steps to imple- time of the Finucane murder and allegedly Our deep concern regarding accountability ment Patten in full when the security situa- gave testimony during the inquest of Mr. mechanisms in Northern Ireland has intensi- tion is satisfactory had been taken. They Finucane under the pseudonym Colonel J. fied since we recently learned that another have not. Despite compelling evidence that appears lawyer was under threat and has been the Why the Patten Report was necessary, and its to suggest the identities of the intellectual target of harassment and threats by the recommendations authors of the murder, the Stevens inquiry RUC. Solicitor Padraigan Drinan was Rose- Policing has been so controversial that the continues to drag on. Establishment of an mary Nelson’s colleague and took on some of parties to the Agreement could not concur independent inquiry would finally ensure Ms. Nelson’s cases after her death. To those on future arrangements (McGarry and that the allegations of official collusion in who want to focus on the future, I would like O’Leary 1999). The former Irish prime min- the murder are squarely addressed. to emphasize that today that the British ister, Dr. Garret FitzGerald, has described government still has the opportunity to B. Rosemary Nelson policing in Northern Ireland as having the avert another tragedy. But it must make In addition to the Finucane case, the Law- status of Jerusalem in the Israeli-Pales- sure that it learns the lesson from past er- yers Committee also believes that the Brit- tinian peace process (FitzGerald 2000). The rors and uses them to correct a system that ish Government should authorize an inde- parties did agree the terms of reference of an has completely failed to protect its citizens pendent inquiry into the murder of defense Independent Commission on policing, even- against police abuse. lawyer Rosemary Nelson. We view resolution tually chaired by Christopher Patten, a of her case as essential to the success of new IV. CONCLUSION former Conservative minister in the region accountability mechanisms in Northern Ire- Lasting peace cannot take hold in North- and now a European Commissioner. land. ern Ireland until the British Government To have effective police rooted in, and le- As you are aware, Mr. Chairman, Loyalist demonstrates the willingness and ability to gitimate with, both major communities was paramilitaries claimed responsibility for the secure justice for the families of Rosemary vital to the new settlement. It would per- murder of Rosemary Nelson, who was killed Nelson and Patrick Finucane and a commit- suade all citizens that law enforcement September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8171 would be applied impartially, help extirpate 50:50 ratio of cultural Catholics and cultural Democratic Accountability. Patten envis- that species of paramilitarism that is becom- Protestants to three years, requiring the aged a strong, independent and powerful ing an exclusively criminal enterprise, and Secretary of State to make any extension, Board to hold the police to account, and to foster a law-abiding climate in which to con- and was silent on ‘aggregation’, Patten’s replace the existing and discredited Police duct business. proposed policy for shortfalls in the recruit- Authority (Patten, 1999:para 6.23), and rec- Eight criteria for policing arrangements ment of suitably qualified cultural Catho- ommended an institutional design to ensure were mandated in the Belfast Agreement. lics. that policing would be the responsibility of a They were to be: Freedom for partisan control. Patten pro- plurality of networked organizations rather 1. Impartial; posed a Policing Board consisting of 10 rep- than the monopoly of a police force. The po- 2. Representative; resentatives from political parties, in pro- lice would have ‘operational responsibility’ 3. Free from partisan political control; portion to their shares of seats on the Execu- but be held to account by a powerful Board, 4. Efficient and effective; tive, and 9 members nominated by the First and required to interact with the Human 5. Infused with a human rights culture; and Deputy First Ministers. These rec- Rights Commission, the Ombudsman and the 6. Decentralised; ommendations guaranteed a politically rep- Equality Commission. 7. Democratically accountable ‘at all lev- resentative board in which neither unionists The Bill radically watered down Patten’s els’; and nor nationalists would have partisan control. proposals, empowering the Secretary of 8. Consistent with the letter and the spirit The original Bill introduced a requirement State to oversee and veto the Board’s pow- of the Belfast Agreement. that the Board should operate according to a ers, empowering the Chief Constable to The Patten Commission engaged in exten- weighted majority when recommending an refuse to respond to reasonable requests sive research and interaction with the af- inquiry. Given known political dispositions from the Board, preventing the Board from fected parties, interest groups and citizens, this was tantamount to giving unionist and making inquiries into past misconduct, and and published its report in September 1999. It unionist-nominated members a veto over in- obligating it to have a weighted majority be- did not, and could not, meet the hopes, or quiries, i.e. partisan political control, and fore inquiring into present or future mis- match the fears, of all; but the Commis- therefore a direct violation of Patten’s terms conduct. Astonishingly this led the existing sioners, a distinguished and representative of reference. discredited Policing Authority, correctly, to array of domestic and international per- Efficient and effective policing. Patten condemn the Bill, a response that no one sonnel, undoubtedly met the terms of ref- avoided false economies when recommending could have predicted when the UK Govern- erence of the Agreement (O’Leary 1999b). a down-sizing of the service, advocated a ment welcomed Patten. The Patten Report was a thorough, careful strong Board empowered to set performance Matching the Agreement? Patten was con- and imaginative compromise between union- targets, and proposed enabling local District sistent with the terms of reference and spirit ists who maintained that the existing RUC Policing Partnership Boards to engage in the of the Belfast Agreement. The original Bill already met the terms of reference of the market-testing of police effectiveness. was not, being incompatible with the ‘parity Agreement and those nationalists, especially The original Bill empowered the Secretary of esteem’ and ‘rigorous impartiality’ in ad- republicans, who maintained that the RUC’s of State, not the Board, to set performance ministration promised by the UK Govern- record mandated its disbanding. The Report targets, made no statutory provision for dis- ment. Manifestly it could not encourage was not, however, simply designed to address banding the police reserve, and deflated the ‘widespread community support’ since it fell the concerns of policing Northern Ireland. It proposed District Policing Partnership far short of the compromise that moderate applied state-of-the-art managerial and Boards—apparently because of assertions nationalists had accepted and that Patten democratic thinking in its recommendations that they would lead to paramilitaries being had proposed to mark a ‘new beginning’. (O’Leary 1999b). subsidized by tax-payers. Waiting for Explanations. What explains The UK Government welcomed the Patten Human Rights Culture. Patten proposed the radical discrepancy between Patten and Report and promised to implement it. How- that new and serving officers should have the original Bill? ever the Police Bill presented to Parliament knowledge of human rights built into their The short answer is that the Bill was draft- in the Spring of 2000 was an evisceration of training, and re-training, and their codes of ed by the Northern Ireland Office’s officials Patten, and condemned as such by the SDLP, practice. In addition to the European Con- under Secretary of State Peter Mandelson’s Sinn Fein, the Womens’ Coalition, the vention, due to become part of UK domestic supervision. They appeared to ‘forget’ that Catholic Church, non-governmental and law, the Commission held out international the terms of reference came from the Belfast Agreement, and that Patten’s recommenda- human rights organizations, such as the norms as benchmarks: ‘‘compliance . . . with tions represented a careful and rigorous com- Committee on the Administration of Justice. international human rights standards . . . promise between unionists and nationalists. It was also criticized by the Irish Govern- are . . . an important safeguard both to the Indeed they appear to have treated the Pat- ment, the U.S. House of Representatives (H. public and to police officers carrying out ten Report as a nationalist report which Res. 447, 106th Congress), and a range of Irish their duties’’ (Patten, 1999, para 5.17). Pat- they should appropriately modify as benign Americans, including apparently, President ten’s proposals for normalizing the police— mediators. Clinton. through dissolving the special branch into Even though Patten explicitly warned To demonstrate the veracity of the critics’ criminal investigations—and demilitarizing against ‘cherry-picking’ the Secretary of complaints let me briefly compare some of the police met the Agreement’s human State and his officials believed that they had Patten’s recommendations with the original rights objectives. the right to implement what they found ac- Bill. The original Bill was a parody of Patten. ceptable, and to leave aside what they found Impartiality: Patten recommended a neu- The new oath was to be confined to new offi- unacceptable, premature, or likely to cause tral name, the Northern Ireland Police Serv- cers. No standards of rights higher than difficulties for pro-Agreement unionists or ice. The Royal Ulster Constabulary was not those in the European Convention were to be the RUC. a neutral title so it was recommended to go, incorporated into police training and prac- The Bill suggested that the UK govern- period. Patten also recommended that the tice. Responsibility for a Code of Ethics was ment was: display of the Union flag and the portrait of left with the Chief Constable. It explicitly Determined to avoid the police being sub- the Queen at police stations should go—sym- excluded Patten’s proposed requirement that ject to rigorous democratic accountability, bols in his view should be ‘free from associa- the oath of service ‘respect the traditions Deeply distrustful of the capacity of the tion with the British or Irish states’. These and beliefs of people’. Normalization and de- local parties to manage policing at any level, recommendations were a consequence of Pat- militarization were left unclear in the Bill and ten’s terms of reference, and of the Agree- and the Implementation Plan. Concerned to minimise the difficulties that ment’s explicit commitment to establishing Decentralization: Patten envisaged ena- the partial implementation of Patten would ‘parity of esteem’ between the national tra- bling local governments to influence the Po- occasion for First Minister David Trimble ditions, and the UK’s solemn commitment to licing Board through their own District Po- and his party, the Ulster Unionists, by ‘rigorous impartiality’ in its administration. licing Partnership Boards, and giving the mininising radical change and emphasising The original Bill proposed that the Sec- latter powers ‘to purchase additional serv- the extent to which the ‘new’ service would retary of State have the power to decide on ices from the police or statutory agencies, or be a mere reform of the RUC. the issues of names and emblems, and there- from the private sector’, and matching police Under pressure the UK Government has re- by ignored Patten’s explicit recommenda- internal management units to local govern- treated: whether to a position prepared in tions. ment districts. advance only others can know, but skilled Representativeness: Patten recommended The original Bill, by contrast, maintained political management is not something I affirmative action to change rapidly the pro- or strengthened centralization in several shall criticise it for. portion of cultural Catholics in the police, ways. The Secretary of State obtained pow- From Evisceration to ‘Patten Light’. Ac- and envisaged a programme of at least ten- ers that Patten had proposed for the First cusing its critics of ‘hype’, ‘rhetoric’ years. Even critics of affirmative action rec- and Deputy First Ministers and the Board, and‘hyerbole’ the UK Government promised ognized the need to correct the existing im- and powers to issue instructions to District to ‘listen’ and to modify the Bill. Mr. balance—in which over 90 per cent of the po- Policing Partnership Boards; and neither the Mandelson declared that he might have been lice are local cultural Protestants. Bill nor the Implementation Plan contained too cautious in the powers granted the Polic- The original Bill reduced the period in clear plans to implement the proposed exper- ing Board. Indeed the Government was sub- which the police would be recruited on a iment in community policing. sequently to accept over 60 SDLP-driven H8172 CONGRESSIONAL RECORD — HOUSE September 26, 2000 amendments to bring the Bill more into line stage in the Commons—needless to say not neutrality would spell a double message: with Patten. This, of course, demonstrated in Patten. The only rational explanation for that the new police is to be everyone’s po- that its original ‘spin’ had been a lie. Since this power is that the Government has cho- lice, and the new police is no longer to be the Bill was so extensively modified—as the sen to compensate itself for the concessions primarily the unionists’ police. This sym- Government now proudly advertises—it con- it made in the Commons Committee when it bolic shift would mightily assist in obtaining firms that the original Bill was radically de- expanded the Board’s remit to be more in representative cultural Catholic recruitment fective in relation to its declared objectives, line with Patten. So what it has given with and in winning consent for the new order for reasons that remain unexplained. one hand, on the grounds that it had been amongst nationalists as well as unionists. The Bill was improved in the Commons too cautious, it has taken away with two Not to follow Patten’s recommendations in Committee stage, but insufficiently. The clumsy feet. these respects would also spell a double mes- quota for the recruitment of cultural Catho- The Secretary of State will additionally sage: that the new police is merely the old lics is now better protected. The Policing have the authority to approve or veto the RUC re-touched, and remains a police linked Board has been given power over the setting person appointed to conduct any inquiry more to British than Irish identity, i.e. a of short-run objectives, and final responsi- (clause 58 (9)). And he intends having power recipe for the status quo ante. bility for the police’s code of ethics. Con- to order the Chief Constable to take steps in Consuequences of Failing to Implement sultation procedures involving the Ombuds- the interests of economy, efficiency, and ef- Patten in Full. Unless the UK Government man and the Equality Commission have been fectiveness, whereas Patten envisaged this makes provision for Patten to be fully imple- strengthened, and the First and Deputy First role for the Board. mented, there will be grave consequences. Ministers will now be consulted over the ap- The UK Government suggests its critics Disaster may come in two forms. Its weak- pointment of non-party members to the are petty. Its line is ‘Look how much we est form is taking shape. The SDLP, Sinn Board. The weighted majority provisions for have done to implement Patten, and how Fein and the Catholic Church are most un- an inquiry by the Board have gone, replaced radical Patten is by comparison with else- likely to recommend that their constituents by the lower hurdle of an absolute majority. where’. This ‘spin’ is utterly unconvincing. consider joining the police, and may well Yet any honest external appraisal of the The proposed arrangements would effec- boycott the Policing Board and District Po- modified Bill must report that it is still not tively seal off past, present and future ave- licing Partnership Boards. That will leave the whole Patten. If the first draft evis- nues through which the police might be held the police without Patten’s promised ‘new cerated Patten, the latest version of presents to account for misconduct; they are recipes beginning’, lacking full legitimacy with just a mostly bloodless ghost. The modified Bill for leaving them outside the effective ambit less than half of the local electorate, an in- rectifies some of the more overt deviations of the law, and of managerial scrutiny. stitutional booby-trap. from Patten, but on the crucial issues of po- And be it noted: Patten is not radical, es- We must not forget that over three hun- lice accountability and ensuring a ‘new be- pecially not by the standards of North Amer- dred police were killed in the current con- ginning’ it remains at odds with Patten’s ex- ica. Canada and the USA have long made flict, but we must also not forget that the plicit recommendations. their police democratically accountable and outbreak of armed conflict in 1969 was partly As the Bill is about to recommence its socially representative. Patten is only rad- caused by an unreformed, half-legitimate po- progress through the Lords, the UK Govern- ical by the past standards of Northern Ire- lice service, responsible for seven of the first ment has started to shift its public relations. land. eight deaths. The new line is that the ‘full Patten’ would Ombudsman. Patten recommended that In its strongest form disaster would de- render the police less effective, e.g., in deal- the Ombudsman should have significant pow- couple nationalists and republicans from the ing with criminal paramilitarism. The impli- ers (Patten, 1999, para 6.42) and should ‘exer- Agreement, and bring down its political in- cation is that anyone who disagrees must be cise the right to investigate and comment on stitutions. Failure to deliver Patten will soft on crime (and its paramilitary causes). police policies and practices’, whereas in the mean that Sinn Fein will find it extremely The new line lacks credibility: Patten com- modified Bill the Ombudsman may make re- difficult to get the IRA to go further in de- bined ‘the new public management’ and ports, but not investigate (so it is not a commissioning. The argument will be: ‘The democratic values in a rigorous formula to crime to obstruct her work). The Ombuds- UK Government has reneged on a funda- ensure no trade-off between effectiveness and man is additionally restricted in her retro- mental commitment under the Agreement so accountability. spective powers (clause 62), once again cir- why should republicans disarm and leave Let me identify just some of the out- cumscribing the police’s accountability for people to be policed by an unreformed serv- standing respects in which the modified Bill past misconduct. ice?’ In turn that will lead to unionist calls fails to implement Patten. Name and Symbols. Patten wanted a police for the exclusion of Sinn Fein from ministe- Oversight Commissioner. Patten rec- rooted in both communities, not just one. rial office, and to a repeat of Mr. Trimble’s ommended an Oversight Commissioner to That is why he recommended that the name gambit used earlier this year: ‘decommission ‘supervise the implementation of our rec- of the service be entirely new: The Northern now or I’ll resign now’. ommendations’. The UK Government has— Ireland Police Service. The day before I flew to Washington I was under pressure—put the commissioner’s of- The Bill, as a result of a Government deci- in Northern Ireland and watched Mr. fice on a statutory basis, which it did not in- sion to accept an amendment tabled by the Trimble in effect repeat this threat in the tend to do originally, but has confined his Ulster Unionist Party, currently styles the Assembly under challenge from his hard-line role to overseeing changes ‘decided by the service ‘The Police Service of Northern Ire- unionist opponents. If decommissioning does Government’. If Mr. Mandelson and his col- land (incorporating the Royal Ulster Con- not happen because of Secretary of State leagues were committed to Patten they stabulary)’. The Secretary of State promised Mandelson’s failure to deliver fully on Pat- would charge the Commissioner with recom- an amendment to define ‘for operational pur- ten, the SDLP will not be able or willing to mending, now or in the future, any legisla- poses’—to ensure that the full title would help prioritize decommissioning, unless it tive and management changes necessary for rarely be used, and that the parenthetic past prefers electoral suicide. The IRA will find it the full and effective implementation of the generally be excluded. He broke this com- difficult to prevent further departures to the Patten Report. That he refuses to do so mitment at Report Stage. Real and Continuity IRAs, except by refus- speaks volumes. In addition the Commis- Secretary of State Mandelson has been ing to budge on arms. In turn that will at sioner’s role currently remains poorly speci- mendaciously misleading in declaring that some stage prompt a resignation threat from fied. Since the Commissioner is a former US he is merely following Patten’s wishes that the First Minister. In short, a second col- policeman. American government pressure the new service be connected to the old and lapse of the Agreement’s institutions looms. might appropriately be directed towards ex- avoid suggestions of disbanding. This line is This vista and worse can and must be plicitly giving his office the remit that Pat- a characteristic half-truth: Patten proposed avoided. ten envisaged. an entirely new and fresh name, and pro- Final thoughts and answers Policing Board. Patten recommended a Po- posed linkages between the old and new serv- It may be thought: ‘‘Is this analysis par- licing Board to hold the police to account, ices through police memorials, and not the tisan?’’; and ‘‘Is not Mr. Mandelson’s conduct and to initiate inquiries into police conduct re-naming proposed by Ken Maginnis, MP, designed to help Mr. Trimble who is in a pre- and practices. Mr. Mandelson has prevented Security Spokesman for the Ulster Unionist carious position?’’ the Board from inquiring into any act or Party. My answer to the first question is ‘no’. I omission arising before the eventual Act ap- Patten unambiguously recommended that have a long record of advocating bi-national plies (clause 58 (11) of the Bill). I believe that the police’s new badge and emblems be free resolutions of the conflict that are fair to this is tantamount to an undeclared amnesty of association with the British or Irish both nationalists and unionists. for past police misconduct, not proposed by states, and that the Union flag should not fly The answer to the second question must be Patten. Personally I would not object to an from police buildings. The Bill postpones a very qualified ‘yes’. ‘Saving David Trimble’ open amnesty, but this step is dishonest, and these matters. may account for Mr. Mandelson’s tampering makes it much less likely that ‘rotten ap- Why do these symbolic issues matter? Sim- with Patten’s proposals on symbolic mat- ples’ will be rooted out, as promised. ply because the best way to win widespread ters. But it does not account for his eviscera- The Secretary of State will now have the acceptance for police reform is to confirm tion of the efforts to have a more account- extraordinary power to prevent inquiries by Patten’s promised new beginning by fol- able and human-rights infused service—here the Board because they ‘would serve no use- lowing his proposed strategy of symbolic the Secretary of State has succumbed to lob- ful purpose’, a power added at the Report neutrality. Full re-naming and symbolic bying by security officials. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8173 Another answer to the second question is We are here, we are here in Wash- What we are faced with tonight, more straightforward: Mr. Mandelson must ington, D.C. We do not have to face the today, and for the next weeks and not unilaterally abandon or re-negotiate the fear many Northern Irish people have months in the north of Ireland is a true Agreement or the work of Commissions sent to fear of the police officers. We can crisis. If the Good Friday Agreement is up under the Agreement at the behest of any change that. Peace can come to that party. premised on concession and com- A third answer I would propose is that pro- country. I am proud to be with all of promise. The Good Friday Agreement Agreement unionists can, eventually, accept my colleagues to stand here and make itself was a compromise. The Good Fri- the full Patten, because they know that a le- a difference. day Agreement itself was based on very gitimate and effective police is necessary to Mr. GILMAN. Mr. Speaker, I yield 51⁄2 strong concessions made by all sides, reconcile nationalists to the continuation of minutes to the gentleman from New particularly by the Catholic commu- the Union—the reason they signed the York (Mr. KING), a cochairman of our nity, the Nationalist community, the Agreement. Irish Caucus, and a member of our Republican community who made very Lastly, I believe that the Patten Report is Committee on International Relations. deep concessions in return for a pledge not only what Mr. Mandelson should fully Mr. KING. Mr. Speaker, I thank the implement under the Agreement as proof of by the British and Irish governments gentleman from New York (Mr. GIL- rigorous impartiality in his administration, that all the provisions of the Good Fri- but also what he should implement even if MAN), chairman of the Committee on day Agreement would be carried out. there were to be no Agreement. International Relations, for yielding Mr. Speaker, no provision was more Mr. CROWLEY. Mr. Speaker, I thank me this time. At the very outset I want important in the Patten Commission the gentleman from New Jersey (Mr. to commend him for the outstanding than the section dealing with police re- job he has done for so many years, not SMITH) for his comments. I recognize form, because in the north of Ireland the gentleman’s work on human rights just in the last 6 that he has been for three decades the Royal Ulster Con- chairman of the Committee on Inter- throughout the world. Not just in stabulary was guilty of the most vi- national Relations, but for more than Northern Ireland, but throughout the cious and gross human rights viola- two decades as a real warrior in the world. But especially in Northern Ire- tions imaginable. It is hard for us as cause of peace and justice in Ireland. Americans to envision in the English land. We also have to commend the gen- Mr. Speaker, I yield 2 minutes to the speaking world, in the United Kingdom tleman from New Jersey (Mr. SMITH), gentlewoman from New York (Mrs. which stands for the Magna Carta and chairman of the Subcommittee on MCCARTHY). justice and law, that there was such International Operations and Human Mrs. MCCARTHY of New York. Mr. brutality systematically carried out. Rights for the invaluable work that he Speaker, I thank my colleagues here Not the type of brutalities that occur has done in holding hearings that go for taking up this battle, and that is by accident, not those that are inci- right to the depth of the allegations what it is. Many have been fighting dental, but brutalities that were root against the Royal Ulster Constabulary, this for many, many years. But since I and branch a part of the policing in and right to the heart of the problems Northern Ireland. have been here the last 4 years, we which have inflicted law enforcement Torture, murder of children, inten- have seen progress. For the first time and the criminal justice system in tional killings, intentionally in Northern Ireland, people had hope. Northern Ireland for far too many maimings. This was all part of the po- People thought peace was right there. years, for at least the last three dec- Well, peace is there, but we have lice policy in the north of Ireland. So ades. some things that we have to work out. Also, I have to commend the gen- the police have to be reformed. That was an integral part, the integral part One of the strongest things we have to tleman from Massachusetts (Mr. NEAL) work on is making sure that we send a for the tremendous work he has done, of the Good Friday Agreement. And the strong message from this great body not just during the 12 years he has been Patten Commission, which was chaired that we have to keep with the Patten in Congress, but the years before that by Chris Patten, a conservative MP, a agreement. when he was the mayor in Springfield, former conservative MP, a minister in Mr. Speaker, we have seen even in Massachusetts, and just for the tre- Margaret Thatcher’s government, he our own country when the people lose mendous amount of dedication and en- came up with a series of reforms which, faith in the police departments, we see thusiasm and unyielding tenacity he again, were themselves a compromise. the anger that is in those communities. brings to this entire issue of peace and There is much that is lacking, as the So there are things that we have to justice in Ireland. gentleman from New Jersey (Chairman make sure that are done and the Pat- Mr. Speaker, I know that if the gen- SMITH) has pointed out time and again. ten agreement covers those things. The tleman from Massachusetts (Mr. MEE- The Patten Commission itself, the Pat- Patten agreement can work for North- HAN) were here tonight, in fact he has ten Commission recommendations ern Ireland. asked me to say this on his behalf, themselves are deficient. Yet now the One of the things that we have seen there is nobody in the House of Rep- British Government is attempting to constantly, every time we bring up the resentatives he looks up to more in compromise the compromise. It is at- Patten agreement, we see them trying providing moral leadership and guid- tempting to water down the com- to chip away a little bit. They do not ance than the gentleman from Massa- promise of the Patten Commission to like the agreement. So what are they chusetts (Mr. NEAL). And the gen- come out with a series of reforms that trying to do? Are they trying to break tleman from Massachusetts (Mr. MEE- will not be reforms at all. It will just the whole fragile agreement that we HAN) asked me to put that on the pub- be a readjustment of the status quo. It have for Good Friday? This is what we lic record this evening. will be a continuation of the Royal Ul- are all fighting for. As the gentleman from Massachu- ster Constabulary. Not even under a Tomorrow many of us here, actually, setts said earlier, this is a bipartisan new name, because the old name will will have 40 women from Northern Ire- issue. I want to commend President still remain. It will be a subset, but it land. We are going to have Protestant Clinton for the job that he has done. I will still be there and this is wrong. and Catholic women. They are going to know that tonight the gentleman read Mr. Speaker, the entire peace process be following us around so that we can into the record a statement from Vice is at risk. The entire peace process is show them how legislative work goes, President GORE. The gentleman from being put at risk by the British Gov- because they are willing to make this New York (Chairman GILMAN) and I ernment, by the Ulster Unionist Party, work. They will spend 2 weeks here in and the gentleman from New Jersey and probably nothing is more aggra- this country to see how our govern- (Chairman SMITH) can report last week vating than to hear someone like David ment works and they want to go home Governor Bush also has put out a state- Trimble, who is head of the Ulster and make this work. ment calling for the full implementa- Unionist Party, to say that we in the Well, the only way it is going to tion of the Patten Commission report, Congress should not get involved, that work is really making sure that we put which shows that this clearly is a bi- the American Government should not the pressure on to make sure the Pat- partisan issue. It is an issue on which get involved. The reality is that on the ten agreement is lived up to. That is all men and woman of goodwill can night the Good Friday Agreement was our job, and it is really a small part. stand together. reached and the morning that it was H8174 CONGRESSIONAL RECORD — HOUSE September 26, 2000 signed, David Trimble would not sign it ment published a bill which purports to come forth does not stand up to what until he was assured by President Clin- implement the Patten report. Unfortu- the people of Ireland, North and South, ton that the U.S. would stay involved. nately, the draft bill certainly does not wanted, a new beginning; and we be- And now that we are involved he is live up to the letter or spirit of the lieve that there is much room for im- saying that we should get out and back Patten report and dilutes many key provement. away from the agreement and allow it recommendations of the Patten Com- We heard just on Friday very distin- to go back to the status quo. The way mission. guished persons, Dr. Gerald Lynch, it was for three decades and seven dec- The problems of the North of Ireland president of John Jay College. We lis- ades and even three centuries, if we will never be resolved until the egre- tened to experts who came from Ire- want to go all the way back, where the gious human rights violations caused land to talk about what was going on, Catholic community was systemati- by the Royal Ulster Constabulary are Brendan O’Leary, and Martin O’Brien, cally discriminated against and had permanently ended and the unit re- and our own Elisa Massimino from the their rights violated. placed by a police service truly rep- Washington office of Lawyers Com- It is essential for us in the Congress resentational of the population of the mittee; and they all said, person after to stand together. It is essential for the region; and as the gentleman from person, that there has to be real re- President to speak out as clearly as he Massachusetts (Mr. NEAL) pointed out, form; there has to be change if this new has in the past to let the British Gov- the population right now is 5,446. policing is going to serve all of the peo- ernment know, to let Tony Blair know, This important resolution that right- ple. let the British Secretary of State, ly calls for full and speedy implemen- Mr. Speaker, I would just urge that Peter Mandelson, know that they can- tation of the Patten Commission re- we support the resolution by the gen- not continue to violate the rights of port is a way to correct the years of po- tleman from Massachusetts (Mr. Catholics. They cannot take the Na- lice abuses and gain the support of NEAL), my colleague, and that we urge tionalist community for granted. both nationalists and unionists for a thorough look at what the Patten re- The fact is an agreement was signed, peace in the North of Ireland. port really said and try to implement an international agreement, and the I urge passage of H.Res. 547. I hope it those changes that have been rec- British Government has the absolute is unanimous, and all of us in this Con- ommended in that great report. obligation to enforce that agreement. gress that have worked so long for Mr. CROWLEY. Mr. Speaker, I yield 2 It cannot back down and cannot suc- peace and justice in the North of Ire- minutes to my friend, the gentlewoman cumb to blackmail from David land, while it is within our grasp, we from New York City (Mrs. MALONEY). Trimble, because if it does it puts at cannot let those who want to destroy (Mrs. MALONEY of New York asked risk the entire peace process and we the agreement to get their own ways and was given permission to revise and will go back to the situation that ru- and succeed. extend her remarks.) ined so many innocent lives for so Mr. Speaker, if peace is to come, then Mrs. MALONEY of New York. Mr. many years. Mr. Speaker, if that hap- we must take the ball, we must run Speaker, I thank the gentleman from pens the blood will be on the hands of with it and support H.Res. 547. New York (Mr. CROWLEY) for yielding the British government and the Ulster Mr. GILMAN. Mr. Speaker, I yield 2 the time to me. Unionist Party. minutes to the gentleman from New Mr. Speaker, I commend the gentle- man’s leadership on this issue and so b Jersey (Mr. PAYNE). 2100 (Mr. PAYNE asked and was given many others. I rise in support of this Mr. CROWLEY. Mr. Speaker, I yield 2 permission to revise and extend his re- resolution, which reaffirms our Na- minutes to the gentleman from the marks.) tion’s commitment to the Northern Bronx, New York (Mr. ENGEL), a stal- Mr. PAYNE. Mr. Speaker, I thank Ireland peace process and expresses our wart leader in protecting the rights of the gentleman from New York (Mr. strong support for the policing rec- all of the people of Ireland, particu- GILMAN), chairman of the Committee ommendations of the Patten Commis- larly from the North of Ireland. on International Relations, and the sion. Mr. ENGEL. Mr. Speaker, I thank gentleman from New Jersey (Mr. Mr. Speaker, I thank very much the the gentleman from New York (Mr. SMITH) from the Helsinki Commission, author of this bill, the gentleman from CROWLEY), my friend, for yielding time the gentleman from New York (Mr. Massachusetts (Mr. NEAL), a long-term to me. KING), and to my colleagues on the leader of the Irish Caucus, and the gen- Mr. Speaker, I want to echo the other side of the aisle, the gentleman tleman from New York (Chairman GIL- words of all the eloquent colleagues from New York (Mr. CROWLEY) and the MAN) of the Committee on Inter- who have spoke before me on both sides gentleman from Massachusetts (Mr. national Relations for his staunch and of the aisle. The gentleman from New NEAL), who has introduced this resolu- strong support. York (Mr. KING) has it exactly right, tion. Many of the Members of the Irish the Good Friday Agreement of April Let me say that the Good Friday Ac- Caucus have already spoken, and it 1998 was a compromise, and that com- cord established an international body shows the strong bipartisan support promise established a framework for chaired by Chris Patten, and it called that has come together on this issue. It the peaceful settlement for the conflict to bring a new beginning to policing in has been well over 2 years since the in the North of Ireland. Once you start Northern Ireland with a police service Good Friday Agreement was signed and to unravel a compromise, then every- capable of attracting and sustaining Northern Ireland has come a long way body wants to change it, and that is support from the community as a toward a lasting peace acceptable to why it is important that we stick to whole. all sides. That agreement was sup- that compromise and not let one side In September 1999, over 170 rec- ported first and foremost by the people try to blackmail everybody else into ommendations for change were given, of Northern Ireland, Britain and Ire- getting their way. such things as the power of a policing land itself. I rise in support of H.Res. 547. This board should be looked at, the appoint- With such broad support, the peace vital accord which was negotiated by ment of its members should be looked process has been able to withstand nu- former Senator George Mitchell pro- at carefully, the centrality of human merous attacks and remain on track. vided for the establishment of an inde- rights, they talked about a name Nevertheless, there still are a number pendent commission to make rec- change, the future of full time reserves, of obstacles that stand in the way of a ommendations on how to fix the prob- the power of the police ombudsperson, permanent peace, and one of the most lems and abuses that have plagued po- a statutory basis to work from the significant hurdles is the effective im- licing in the North of Ireland. International Oversight Commission. plementation of the policing rec- The commission lead by Sir Chris- There are a number of things that were ommendations developed by the Patten topher Patten concluded its work on talked about in this very thorough re- Commission. September 9, 1999, and proposed 175 rec- port. Everyone agrees that police reform ommendations in its final report. In Mr. Speaker, we are disappointed needs to take place, and accountability May of this year, the British Govern- that the watered-down version that has needs to be part of it. The gentleman September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8175 from New York (Mr. KING), my col- Ireland First Minister David Trimble Mr. MENENDEZ. Mr. Speaker, I am pleased league, outlined many of the abuses met Northern Ireland Secretary Peter to be an original cosponsor of this resolution, and why this is such a deep-felt pro- Mandelson at the Labour Party Con- and I congratulate Mr. NEAL for authoring it. posal by so many of the people. The ference in Brighton to warn him that With this Sense of Congress, we commend recommendations were supported by the Good Friday Agreement could col- the parties to Northern Ireland's peace proc- all sides, but with one condition, that lapse if the British Government did not ess for their achievements to date. But, we all of the recommendations were com- make concessions to his party with re- also call on the British Government to come to pletely implemented. In this way both gard to reform of the Royal Ulster Con- its senses on the issue of police reform. sides could be assured that final polic- stabulary. All the parties deserve praise for the ing arrangements were fair to every- There has been an effort on the part progress they have made so far. The Good one. of the British agreement to dilute the Friday Agreement stands as a remarkable Unfortunately, although they were recommendations of the Patten Com- achievement and the best hope for lasting issued over a year ago, these rec- mission. I view this report as the min- peace in Northern Ireland. ommendations have yet to be imple- imum that must be done to promote The seating of Northern Ireland's new exec- mented. Legislation proposed in the equity and equality in policing in utive, alongside the power sharing Assembly, British parliament fails to include all Northern Ireland. I am concerned by was a crucial step towards solidifying peace of the recommendations and national- the government’s recent approach of and democracy in Northern Ireland. ists in Northern Ireland have expressed the cherry-picking parts of the Patten Also critical were IRA steps towards disar- their displeasure with this bill. Commission as if it were an a-la-carte mament. Weapons decommissioning is one of Mr. Speaker, I end by commending menu. the two most pressing and sensitive issues the President of the United States, Mr. Speaker, I have had the oppor- facing Northern Ireland. George Mitchell and many others who tunity to meet Mr. Patten, so I know The other is police reform. Without full implementation of the rec- have worked hard for this peace accord; the countless hours he has put into a ommendations for police reform made by the and I really urge complete and total proposal that should be the blueprint Patten CommissionÐa commission called for adoption of this resolution. for a new force. in the Good Friday AgreementÐa full peace Mr. GILMAN. Mr. Speaker, I reserve This process was fair and open to all will remain elusive. the balance of my time. sides. To make changes at this point to Common sense calls for the name of the Mr. CROWLEY. Mr. Speaker, I yield a plan that was so carefully crafted police forceÐthe Royal Ulster Constabulary myself the remaining 21⁄2 minutes. will not serve anyone well. This report (and I cannot imagine a more British-sounding Mr. Speaker, the devolution of power and this commission would not have name than that)Ð to be changed. And for the from Westminster to Belfast and its re- been needed if there was not an injus- membership in the police forceÐnow 93 per- lated components have been difficult tice to correct. cent Protestant and a scanty 7 percent Catho- endeavors for all parties involved. The Mr. Speaker, I urge the British Gov- licÐto be formed more equitably to reflect the terms of the negotiations demand sac- ernment to follow the spirit of the near even population split in the community. rifices by loyalists and nationalists Good Friday Agreement and uphold Mr. Speaker, we are once again at a per- alike in order to achieve a successful their commitment. I want to thank my ilous point. The answers lay in moving forward implementation of the Good Friday colleagues here this evening, especially to full implementation of the Good Friday ac- Agreement. It troubles me to report the gentleman from Massachusetts cordsÐto pull participatory, accountable and that the sacrifices necessary for a via- (Mr. NEAL), for offering this measure; representative government and rule of law in ble solution in Northern Ireland have the gentleman from New York (Mr. Northern IrelandÐnot in stagnation and trepi- not been made to the fullest. GILMAN); the gentleman from New dation. A key factor in achieving a lasting York (Mr. KING); the gentleman from Vote today to support this important resolu- peace in Northern Ireland will be a po- New Jersey (Mr. SMITH); and all the tion. lice force that has the respect and other colleagues. Ms. ESHOO. I rise today in support of this trust of the entire population. The im- I want to thank this administration Resolution which commends both groups for portance of police reforms in Northern who deserves a great deal of the credit their progress towards implementing the Good Ireland cannot be overstated. It is es- for bringing this process forward, par- Friday Peace Accords. This momentous peace sential for the local police force to gar- ticularly Mr. Mitchell. I hope we can agreement is just the first of many difficult ner the trust of the people it serves. bring the Mitchell amendment, or steps that must be taken to ensure equality. The average citizen, regardless of race, measure, before us calling upon the The Peace Accords created an Independent religion or nationality, should be able Noble committee to give him the Noble Commission to make recommendations on the to call on the police and have them Peace Prize. I do not think anyone de- Northern Island policing forces. This Resolu- come to carry out their functions, not serves it more than he does at this tion urges the swift implementation of the rec- serve as an occupying army. point in time. ommendations of the Independent Commis- Mr. Speaker, people can talk until Mr. Speaker, a vote in favor of this sion. The Independent Commission calls for they are blue in the face about how to resolution will send a message to our further integration of Catholics into the policing accomplish true police reform. Unfor- friends across the Atlantic that the force to 16% in four years and 30% in ten tunately, dialogue has its limitations. United States supports its efforts and years and for new badge and symbols free of True reform requires action. It has encourages the adherence of all aspects the British or Irish states. It also includes a been suggested that the only way we of the Good Friday Agreement without dramatic reduction in the size of the force from can accurately measure police reform exception; and, therefore, I urge my 11,400 to 7,500 full-time personnel. These in Northern Ireland will be the day colleagues to support H. Res. 547. recommendations are vital to the long-term when young nationalists walk into a Mr. GILMAN. Mr. Speaker, I yield stability of the peace agreement. It is crucial police station in Belfast, submit an ap- myself such time as I may consume. that the policing force somewhat represent the plication and subsequently display con- Mr. Speaker, let me close by noting community that it is meant to protect. The duct that is honorable, ethical and en- that some in unionism say Patten’s po- Royal Ulster Constabulary is 92% Protestant thusiastic for the people of Northern lice reforms go too far too fast. I have and serves a community comprised of 56% Ireland without fear of favor. here in my hand a 1985 Belfast news- Protestant and 42% Catholic. In the British parliament, the North- paper, the Irish News, where the Mr. Speaker, Belfast is the last city in Eu- ern Ireland Police Bill has been intro- SDLP’s Seamus Mallon was calling for rope to be divided by a wall. Let's take an im- duced as the vehicle for implementing RUC reform more than 15 years ago. portant step and pass this Resolution to begin the Patten Commission. However, This is dated August 19, 1985. the movement for equality. there is a significant disparity between Mr. Speaker, I call on the British Mr. GEJDENSON. Mr. Speaker, I rise in the bill and the recommendations pro- parliamentarians to let us get on with support of H. Res. 547, introduced by my posed by Mr. Patten in his report. police reform and let us live by the good friend and colleague, Congressman Mr. Speaker, failure to bridge this Good Friday Accord. Accordingly, I NEAL of Massachusetts. gap could put the peace process in ex- urge my colleagues to cast a strong All parties should be commended for treme peril. Just yesterday, Northern vote in support of H. Res. 547. progress under the Good Friday Accord of H8176 CONGRESSIONAL RECORD — HOUSE September 26, 2000 April 1998. What was once described as an called for the appointment of a special police the rules were suspended and the reso- intractable conflict between Nationalists and commission, headed by a respected British lution, as amended, was agreed to. Unionists in Northern Ireland never to be politician, Chris Patten; the ensuing report laid A motion to reconsider was laid on solved, has seen unprecedented calm and co- down the contours of reform. The Catholic the table. operation under the Good Friday Framework side is only asking that this report be imple- f mented fully. London should be happy to do guided by Senator George Mitchell. PEACE THROUGH NEGOTIATIONS The seating of the executive of the power- that . . .'' ACT OF 2000 sharing Assembly was a crucial moment of so- I urge my colleagues to support H. Res. lidifying peace in Northern Ireland. Nonethe- 547. Mr. GILMAN. Mr. Speaker, I move to less, two sensitive areas of implementation Mr. LUCAS of Kentucky. Mr. Speaker, I rise suspend the rules and pass the bill under Good Friday lagged behind the others: today in strong support of House Resolution (H.R. 5272) to provide for a United weapons decommissioning and police reform. 547, a bipartisan resolution calling upon the States response in the event of a uni- The impasse over weapons decommis- British Government to fully implement reforms lateral declaration of a Palestinian sioning became so strong that it first halted to Northern Ireland's police force. These re- state, as amended. implementation of the Executive last fall, and forms are long overdue and are a crucial part The Clerk read as follows: then forced its suspension in February just as of the overall peace process in this troubled H.R. 5272 it had been established. A settlement emerged region. Be it enacted by the Senate and House of Rep- when the Irish Republican Army agreed to After a quarter century of political violence resentatives of the United States of America in allow its weapons dumps to be inspected by that left thousands dead, the people of North- Congress assembled, a distinguished international group led by ern Ireland have taken a brave step forward. SECTION 1. SHORT TITLE. former Finnish President Martti Ahtisaari and The Irish are on the brink of a new era of This Act may be cited as the ‘‘Peace Through Negotiations Act of 2000’’. former African National Congress general sec- peace with Catholics and Protestants, for the SEC. 2. FINDINGS. retary Cyril Ramaphosa. The weapons dumps first time, sharing in government responsibility. The people have spoken and the spirit of Congress makes the following findings: were inspected and the National Assembly re- (1) Resolving the political status of the ter- sumed in April. peace is alive and strong. As part of the historic Good Friday Agree- ritory controlled by the Palestinian Author- Subsequently, the other looming issue of ity is one of the central issues of the Arab- ment, an independent commission was estab- police reform moved to the fore. The Good Israeli conflict. Friday Accord called for police reform because lished to make recommendations for future po- (2) The Palestinian threat to declare an it is apparent that a police force composed of licing needs. The focus of the report was to independent state unilaterally constitutes a 93% Protestant and 7% Catholic could not take politics out of the police force. The popu- fundamental violation of the underlying lation of Northern Ireland is divided almost principles of the Oslo Accords and the Middle have sufficient credibility with a Northern Ire- equally between Protestants and Catholics, East peace process. land community that is split 58% Protestant, yet the police force is nearly entirely made up (3) On March 11, 1999, the Senate over- 42% Catholic. whelmingly adopted Senate Concurrent Res- To help create a police force that had credi- of Protestants. With a record of brutality and human rights abuses, this type of demo- olution 5, and on March 16, 1999, the House of bility across all communities, Chris Patten, a Representatives adopted House Concurrent graphic cannot work to protect the citizens leader in Britain's Conservative Party and Resolution 24, both of which resolved that: fairly. In order for these communities and fami- former Governor of Hong Kong, was enlisted ‘‘any attempt to establish Palestinian state- lies to feel safe, reforms are desperately need- to produce a blueprint for the future. His 1999 hood outside the negotiating process will in- ed. report recommended wholesale change includ- voke the strongest congressional opposi- When the Patten Commission completed its tion.’’. ing restoring democratic and local account- report, it included almost 200 recommenda- (4) On July 25, 2000, Palestinian Chairman ability to policing, changing the police force's tions. Among other things, the Patten Com- Arafat and Israeli Prime Minister Barak symbols (name, insignia, uniform) to make mission calls upon the Royal Ulster Constabu- issued a joint statement agreeing that the them community-neutral, as well as down- lary (RUC) to change names and symbols, to ‘‘two sides understand the importance of sizing and re-balancing the composition of the increase the number of Catholic officers and avoiding unilateral actions that prejudice force to reflect the make-up of the commu- the outcome of negotiations and that their to provide human rights training and a code of differences will be resolved in good-faith ne- nities in Northern Ireland. ethics. We must all remember that the Patten It is important to note that this document gotiations’’. report itself was a compromise between the SEC. 3. POLICY OF THE UNITED STATES. represented a compromise itself. While the Unionist and Nationalist perspectives. It is not current version of the implementing legislation It shall be the policy of the United States acceptable to compromise further on a com- to oppose the unilateral declaration of a Pal- in the British House of Commons incorporates promise already made. The Patten report must estinian state, to withhold diplomatic rec- a number of the Patten recommendations, it be implemented without any significant ognition of any Palestinian state that is uni- falls short in a fewÐparticularly in the area of change. laterally declared, and to encourage other the name change of police service, where it I have a deep interest in seeing the historic countries and international organizations to postpones a decision. While only symbolic, the Good Friday Agreement go forward and polic- withhold diplomatic recognition of any Pal- current name of the police service, the Royal ing reform must go hand in hand with this ef- estinian state that is unilaterally declared. Ulster Constabulary, infuriates Nationalists be- SEC. 4. MEASURES TO BE APPLIED IF A PALES- fort. We must work to advance this peace TINIAN STATE IS UNILATERALLY DE- cause the name implies allegiance to the process and implement each and every one of CLARED. Queen and uses the British term for Northern the Patten report's recommendations. (a) MEASURES.—Notwithstanding any other IrelandÐanathema for recruiting more Nation- It is not an easy task that the Irish have be- provision of law, beginning on the date that alists into the police service. The Patten Com- fore them, but rather an extremely difficult and a Palestinian state is unilaterally declared mission recommended the more neutral defining one. As the world's greatest super- and ending on the date such unilateral dec- ``Northern Ireland Police Service.'' power and home to over 40 million Irish-Amer- laration is rescinded or on the date the The current version of the bill in the British icans, the United States must honor its com- President notifies the Committee on Inter- national Relations of the House of Rep- House of Commons still fell short enough that mitment and stand up for peace and justice. moderate Nationalists such as Seamus Mallon resentatives and the Committee on Foreign We must lead in promoting human rights for Relations of the Senate that an agreement abstained when it came up for vote in June. all the world's citizens and lend our strong between Israel and the Palestinian Author- Peace has perservered in Northern Ireland support to the people of Northern Ireland as ity regarding the establishment of a Pales- over the past two years when leaders from they continue this journey towards peace. tinian state has been concluded, the fol- both sides have followed the tenets of the Mr. GILMAN. Mr. Speaker, I yield lowing measures shall be applied: Good Friday Accord. Good Friday called for back the balance of my time. (1) DOWNGRADE IN STATUS OF PALESTINIAN full and thorough police reform and the Patten The SPEAKER pro tempore (Mr. OFFICE IN THE UNITED STATES.— Commission delivered that fair reform. It PITTS). The question is on the motion (A) Section 1003 of the Foreign Relations should be implemented in full. offered by the gentleman from New Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) as enacted on December As the Washington Post said in an editorial York (Mr. GILMAN) that the House sus- 22, 1987, shall have the full force and effect of in July, ``. . . the onus remains on the British pend the rules and agree to the resolu- law, and shall apply notwithstanding any government to respond to Catholic objections. tion, H. Res. 547, as amended. waiver or suspension of such section that This is because the Catholics have the Good The question was taken; and (two- was authorized or exercised subsequent to Friday Agreement on their side. The deal thirds having voted in favor thereof) December 22, 1987. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8177 (B) For purposes of such section, the term United States. Such certification shall be ac- pendent state unilaterally would con- ‘‘Palestine Liberation Organization or any of companied by a justification for the basis of stitute a fundamental violation of the its constituent groups, any successor to any the determination. underlying principles of the Oslo Ac- of those, or any agents thereof’’ shall include (2) RENEWAL.—The President may renew cords and the Middle East peace proc- the Palestinian Authority and the govern- the suspension of the application of any of ment of any unilaterally declared Pales- paragraphs (3) through (5) of subsection (a) ess. That threat continues unabated. tinian state. for a successive period or periods of not more Over 18 months ago, Congress spoke (C) Nothing in this paragraph shall be con- than one year if, before each such period, the with one voice about the prospects of strued to preclude— President makes a determination and trans- any unilateral declaration of statehood (i) the establishment or maintenance of a mits a certification in accordance with para- by the Palestinians. Nonbinding legis- Palestinian information office in the United graph (1). lation was adopted by both houses stat- States, operating under the same terms and (3) ADDITIONAL REQUIREMENT.—A suspen- ing that, ‘‘any attempt to establish conditions as the Palestinian information of- sion of the application of any of paragraphs Palestinian statehood outside the ne- fice that existed prior to the Oslo Accords; or (3) through (5) of subsection (a) under para- (ii) diplomatic contacts between Pales- graph (1) or paragraph (2) shall cease to be gotiating process will invoke the tinian officials and United States counter- effective after one year or at such earlier strongest congressional opposition.’’ parts. date as the President may specify. Because Mr. Arafat and other Pales- (2) PROHIBITION ON UNITED STATES ASSIST- (c) DEFINITION.—For purposes of para- tinian officials continue to claim that ANCE TO A UNILATERALLY DECLARED PALES- graphs (2) and (3) of subsection (a), the term they may very well unilaterally de- TINIAN STATE.—United States assistance may ‘‘United States assistance’’— clare a state before the end of this not be provided to the government of a uni- (1) means— year, many of us in this body felt the laterally declared Palestinian state, the Pal- (A) assistance under the Foreign Assist- estinian Authority, or to any successor or re- need, as a preventive measure, to act ance Act of 1961 (22 U.S.C. 2151 et seq.), prior to our Congressional adjourn- lated entity. except— (3) PROHIBITION ON UNITED STATES ASSIST- (i) assistance under chapter 8 of part I of ment. ANCE TO THE WEST BANK AND GAZA.—United such Act (relating to international narcotics Accordingly, Mr. Speaker, H.R. 5272 States assistance (except humanitarian as- control assistance); establishes that it is a policy of the sistance) may not be provided to programs or (ii) assistance under chapter 9 of part I of United States to oppose any unilateral projects in the West Bank or Gaza. such Act (relating to international disaster declaration of a Palestinian state and (4) AUTHORITY TO WITHHOLD PAYMENT OF assistance); and that diplomatic recognition should be UNITED STATES CONTRIBUTIONS TO INTER- (iii) assistance under chapter 6 of part II of NATIONAL ORGANIZATIONS THAT RECOGNIZE A withheld if such an act is unilaterally such Act (relating to assistance for peace- declared. UNILATERALLY DECLARED PALESTINIAN keeping operations); STATE.—The President is authorized to— (B) assistance under the Arms Export Con- As a deterrent, the bill would also (A) withhold up to 10 percent of the United trol Act (22 U.S.C. 2751 et seq.), including the prohibit all U.S. assistance to the Pal- States assessed contribution to any inter- license or approval for export of defense arti- estinians except for humanitarian aid. national organization that recognizes a uni- cles and defense services under section 38 of It would downgrade the PLO office in laterally declared Palestinian state; and that Act; and Washington in the event of a unilateral (B) reduce the United States voluntary (C) assistance under the Export-Import contribution to any international organiza- declaration. Bank Act of 1945; and tion that recognizes a unilaterally declared This bill also encourages other coun- (2) does not include counter-terrorism as- Palestinian state up to 10 percent below the tries and other international organiza- sistance. level of the United States voluntary con- tions to join our Nation in withholding tribution to such organization in the fiscal The SPEAKER pro tempore. Pursu- diplomatic recognition, and authorizes year prior to the fiscal year in which such ant to the rule, the gentleman from the President of the United States to organization recognized a unilaterally de- New York (Mr. GILMAN) and the gen- withhold payment of U.S. contribu- clared Palestinian state. tleman from New York (Mr. CROWLEY) tions to international organizations (5) OPPOSITION TO LENDING BY INTER- each will control 20 minutes. NATIONAL FINANCIAL INSTITUTIONS.—The Sec- that recognize a unilaterally declared retary of the Treasury shall instruct the The Chair recognizes the gentleman Palestinian state. United States Executive Director at each from New York (Mr. GILMAN). This legislation was marked up in international financial institution (as de- GENERAL LEAVE our committee earlier today. An fined in section 1701(c)(2) of the Inter- Mr. GILMAN. Mr. Speaker, I ask amendment was adopted giving the national Financial Institutions Act) to use unanimous consent that all Members President limited authority to waive the voice, vote, and influence of the United may have 5 legislative days within two of the five mandatory measures States to oppose— (A) membership for a unilaterally declared which to revise and extend their re- that are to be applied against a unilat- Palestinian state in such institution, or marks on H.R. 5272, as amended. erally declared Palestinian state. other recognition of a unilaterally declared The SPEAKER pro tempore. Is there Mr. Speaker, the Peace Through Ne- Palestinian state by such institution; and objection to the request of the gen- gotiations Act is a measured, but force- (B) the extension by such institution to a tleman from New York? ful response to any real possibility of unilaterally declared Palestinian state of There was no objection. any unilateral Palestinian action. Ac- any loan or other financial or technical as- Mr. GILMAN. Mr. Speaker, I yield cordingly, I urge our colleagues’ strong sistance. myself such time as I may consume. support for this important legislation. (6) LIMITATION ON USE OF FUNDS TO EXTEND Mr. Speaker, I reserve the balance of UNITED STATES RECOGNITION.—No funds avail- (Mr. GILMAN asked and was given able under any provision of law may be used permission to revise and extend his re- my time. to extend United States recognition to a uni- marks.) Mr. CROWLEY. Mr. Speaker, I yield such time as he may consume to the laterally declared Palestinian state, includ- b 2115 ing, but not limited to, funds for the pay- gentleman from New York (Mr. NAD- ment of the salary of any ambassador, con- Mr. GILMAN. Mr. Speaker, because LER) who is a co-author of this legisla- sul, or other diplomatic personnel to such a many of my colleagues remain ex- tion before us today. unilaterally declared state, or for the cost of tremely concerned about the possi- Mr. NADLER. Mr. Speaker, we all establishing, operating, or maintaining an bility that Yasser Arafat and that the fervently desire the successful conclu- embassy, consulate, or other diplomatic fa- PLO will unilaterally declare a Pales- sion of a peace agreement between cility in such a unilaterally declared state. (b) SUSPENSION OF MEASURES.— tinian state, I introduced H.R. 5272, Israel and the Palestinians that would (1) IN GENERAL.—The President may sus- legislation that underscores the need allow Israelis and Palestinians to live pend the application of any of paragraphs (3) for a negotiated settlement between free from violence and from the fear of through (5) of subsection (a) for a period of the two parties. violence. If part of such a mutually not more than one year if, with respect to Our bill, entitled Peace Through Ne- agreed, mutually negotiated agreement the suspension of the application of each gotiations Act of 2000, H.R. 5272, recog- is the establishment of the Palestinian such paragraph, the President determines nizes that resolving the political status state with agreed upon borders, and and certifies to the Committee on Inter- national Relations of the House of Rep- of the territory controlled by the Pal- agreed upon and acceptable security resentatives and the Committee on Foreign estinian Authority is one of the central guarantees for Israel, I do not believe Relations of the Senate that such suspension issues in the Arab-Israeli conflict. The the United States would have any rea- is in the national security interest of the Palestinian threat to declare an inde- son to object. H8178 CONGRESSIONAL RECORD — HOUSE September 26, 2000 But a unilaterally declared Pales- I urge every Member of this House to Mr. GILMAN. Mr. Speaker, I want to tinian state with no agreed upon bor- support this bill because only a nego- thank the gentleman from New York ders, with territorial claims certainly tiated peace can be a lasting peace. (Mr. ENGEL) for his strong supportive conflicting with those of Israel, and Mr. GILMAN. Mr. Speaker, I want to arguments. with no security guarantees for Israel, thank the gentleman from New York Mr. Speaker, I reserve the balance of is guaranteed to destroy the peace (Mr. NADLER) for his supportive state- my time. ment. process and is very likely to result in Mr. CROWLEY. Mr. Speaker, it is my violence and even war. Mr. Speaker, I reserve the balance of my time. pleasure to yield 3 minutes to the gen- That is why last July I introduced, tlewoman from Queens, Bronx and along with the gentleman from New Mr. CROWLEY. Mr. Speaker, I yield 2 minutes to the gentleman from the Westchester Counties, New York (Mrs. York (Mr. REYNOLDS), the Middle East Bronx and Westchester Counties, New LOWEY). Peace Process Support Act which now York (Mr. ENGEL). Mrs. LOWEY. Mr. Speaker, I rise in has over 100 cosponsors and is the basis Mr. ENGEL. Mr. Speaker, I thank support of H.R. 5272, the Peace Through of the bill we have before us today. I the gentleman from New York (Mr. Negotiations Act of 2000, and urge my believe this is an essential bill. I look CROWLEY) for leading, and he has clear- colleagues to support this important forward to an overwhelmingly bipar- ly been a leader on this issue and as we legislation. tisan vote for it. saw before on the Ireland issue. I especially want to thank the gen- The Peace Through Negotiations Act Mr. Speaker, it seems that we have tleman from New York (Mr. NADLER) is meant to send a very clear signal to been here before. Just last year, I was for his leadership on this issue and the Chairman Arafat and the Palestinian the lead Democratic sponsor of a reso- gentleman from New York (Mr. GIL- Authority. Do not destroy the peace lution opposing the unilateral declara- MAN). I am a proud cosponsor of his process. Do not condemn the Middle tion of a Palestinian state and warning bill, the Middle East Peace Process East to another round of violence and that such a unilateral action would Support Act, which provided the foun- war by unilaterally declaring an inde- provoke a stern response from this dation for the legislation we are con- pendent Palestinian state. We warn Congress. sidering today. you now, the United States will not This measure passed overwhelmingly recognize such a state. It will not give in the House and by unanimous con- I share the frustration and impa- aid to such a state. It will do every- sent in the Senate. Since then, Presi- tience of those who have waited dec- thing possible to prevent other nations dent Clinton has worked as no Presi- ades for a peace that will safeguard from recognizing or aiding a unilater- dent has since Jimmy Carter to Israel’s security and regional stability. ally declared Palestinian state in any achieve an agreement in the Middle After 7 long years of negotiations, an manner whatsoever. East. agreement is within reach, and we rec- Chairman Arafat is now threatening After months of serious negotiations ognize how important it is that both to declare a Palestinian state unilater- in which Israel demonstrated a willing- parties remain dedicated to the com- ally by mid November. Because of this ness to compromise on all issues, even pletion of this difficult process. We continuing threat and the fact that those of the utmost importance, an also recognize the damage that could Congress will not be in session in No- agreement remained out of reach. be inflicted by unilateral acts of irre- vember, or we hope and trust that we Yasser Arafat and the Palestinian ne- sponsible brinksmanship. Compromise, will not be in session in November, it is gotiators were ultimately unwilling to not nonnegotiable demands and polit- imperative that we enact this bill now make the compromises needed to reach ical posturing, must guide the peace so that the Palestinian Authority un- a peace accord. Instead, they threat- process. derstands that any unilateral action ened the world with the possibility of H.R. 5272 demonstrates unflinching will produce a sharp and negative re- unilaterally declaring themselves a Congressional support for a fair, nego- sponse from the United States. We sovereign state. tiated peace agreement. This bill sim- must make clear that, if the Pales- This type of rhetoric not only falls ply states that the United States will tinian Authority unilaterally acts to outside of the bilateral framework for not recognize nor will it reward the destroy any prospect of a peace agree- bridging the gap separating the Israelis unilateral declaration of a Palestinian ment and to make war and violence, and Palestinians, it also represents a state. The rejection of negotiation as very likely there will be severe con- dangerous escalation. the path toward peace is unacceptable, If this should happen, Israel will like- sequences. The purpose of this bill is to and we have the opportunity to make ly respond in kind through unilateral deter such an action and those con- this clear today. actions of its own, including territorial sequences. In the coming weeks, the most dif- annexation in the West Bank or around At the end of the most recent Camp ficult issues in the peace process will Jerusalem. be on the table, and now, more than David summit, Prime Minister Barak Yasser Arafat recently took a tour of ever before, Israel and the Palestinians and Chairman Arafat reaffirmed the several European and Arab nations and must show their dedication to realizing central point of the Oslo agreement asked for support of his nonnegotiating the dreams of the Oslo Accords. Let and pledged that Israel and the Pales- declaration of Palestinian statehood. this legislation be a warning: If Chair- tinian Authority would both refrain Everywhere he went, Mr. Arafat re- man Arafat rejects the fundamental from any unilateral actions as well as ceived a polite ‘‘No, thank you. Please precept of Oslo, if he chooses to squan- from statements that would incite vio- return to the bargaining table.’’ Today der this historic opportunity for peace, lence. Congress will emphasize that message the United States’ response will be If these general principles are fol- with passage of this important bill. lowed and the Palestinians remain Arafat must know that, if the Pal- swift and unequivocal. peacefully engaged with Israel, which estinians unilaterally declare them- I have strongly supported generous has proven to be a willing and a gen- selves a state, the United States will assistance for governments in the Mid- erous peace partner, this legislation provide them no assistance whatsoever. dle East who have recognized the value will not need to be invoked, but it will The Palestinian leadership must under- of negotiation and cooperation in the have its desired effect by making such stand that their goals can only be pursuit of peace. But make no mistake, peaceful development much more like- achieved in the context of direct nego- our foreign assistance is too dear to ly. tiations with Israel and that such waste on regimes bent on self-destruc- I want to thank the gentleman from threats not only undermine the peace tive actions and guerilla tactics. We New York (Chairman GILMAN); the gen- process but also put at risk its future must send this message to Chairman tleman from Connecticut (Mr. GEJDEN- relationship with the United States. Arafat today. SON), ranking member; and the gen- I, therefore, strongly support H.R. Mr. Speaker, I hope this bill is irrele- tleman from New York (Mr. REYNOLDS) 5272 and commend the gentleman from vant. I hope its provisions are never for the hard work they have done in New York (Mr. NADLER) for his hard tested and that negotiations between this legislation. work on the legislation. Israel and the Palestinians bear real September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8179 fruit. But if the future brings a unilat- The purpose of this bill clearly states York, JERROLD NADLER, I believe it is appro- eral declaration of Palestinian inde- that if the Palestinian Authority uni- priate for the Congress to underscore the pendence and a rejection of these nego- laterally declares a Palestinian state, threat posed by the unilateral declaration of a tiations, we must remain steadfast in the United States’ provision of re- Palestinian state. Such a declaration would be our support for the peace process and sources to the Palestinian Authority a violation of the 1993 Oslo Accords, at which strong in our condemnation of those would cease immediately. Israel and the Palestinians agreed that the de- termination of the eventual status of the Pales- who would derail this historic oppor- b 2130 tunity. I urge my colleagues to join me tinian entityÐas well as other final status in support of this bill. Furthermore, the bill would prohibit issuesÐcan be made only through agree- Mr. GILMAN. Mr. Speaker, I want to the expenditure of any funds for the ments by both sides. It is critical for both par- thank the gentlewoman from New United States to formally recognize a ties to abide by the agreement to resolve per- York (Mrs. LOWEY) for her strong sup- unilaterally declared independent Pal- manent status issues through negotiation, not port of this measure. estinian state. As long as Mr. Barak unilateral action. Mr. Speaker, I continue to reserve and Mr. Arafat are willing to sit down Peace talks between the Palestinian Author- the balance of my time. together and encourage a constructive ity and Israel were scheduled to end earlier Mr. CROWLEY. Mr. Speaker, I yield dialogue to resolve the issues that di- this month, on September 15, 2000. However, myself 3 minutes. vide their people, the United States unresolved issuesÐborders, security, settle- Mr. Speaker, I rise today in firm sup- will do its part to support them in that ments, refugees, and the division of Jeru- port of H.R. 5272, the Peace Through endeavor. salemÐhave prevented the two sides from Negotiations Act of 2000. The unilat- Though I hope the terms of this bill coming to an agreement. Since the unsuc- eral declaration of independence by the will never be realized, I believe it is a cessful completion of the Camp David negotia- Palestinian Authority would negate strong commentary on how this coun- tions in July 2000, PLO Chairman Arafat has years of progress made by Israel with try, the U.S., feels about the prospects renewed his threats to unilaterally declare a Palestinians toward a peaceful resolu- of peace. To that end, I encourage my Palestinian state. While Chairman Arafat has tion to their conflict. colleagues to support H.R. 5272. backed off from those threats and not set a This bill clearly illustrates that the Mr. Speaker, I reserve the balance of new deadline, I believe this legislation signifies United States discourages such an ac- my time. the extent of Congressional resolve, should tion, and would strongly condemn the Mr. GILMAN. Mr. Speaker, how Chairman Arafat act to carry out his threat Palestinians should they choose to cir- much time do I have remaining? after the 106th Congress adjourns. In March 1999, both houses of Congress cumvent the peace process to which The SPEAKER pro tempore (Mr. adopted H. Con. Res. 24, non-binding legisla- they had been a faithful party. PITTS). The gentleman from New York tion which resolved that ``any attempt to estab- I commend the gentleman from New (Mr. GILMAN) has 17 minutes remain- lish Palestinian statehood outside the negoti- York (Mr. NADLER) for his hard work in ing. Mr. GILMAN. Mr. Speaker, does the ating process will invoke the strongest con- crafting this legislation. I would also gressional opposition.'' The Peace Through gentleman have any further speakers? like to thank the gentleman from New Negotiations Act is a legislatively binding re- Mr. CROWLEY. Mr. Speaker, I have York (Mr. GILMAN), chairman of the sponse, but only if a unilateral declaration of no further requests for time, and I Committee on International Relations statehood is actually made. I believe the U.S. yield back the balance of my time. for recognizing the importance of a must continue to strongly support Israel and Mr. GILMAN. Mr. Speaker, I yield timely consideration of this bill. resolutely oppose the unilateral declaration of I have been a close observer of this myself the balance of my time; and in a Palestinian state. Accordingly, I urge my col- peace process since its inception. I closing, I wish to emphasize that this leagues strong endorsement of this landmark have witnessed the success, and I have legislation represents a measured and legislation. witnessed the setbacks. I regret having an appropriate response to the very se- Mr. GILMAN. Mr. Speaker, I have no to address the issue of restricting aid rious threat to U.S. interests in the further requests for time, and I yield to the Palestinians when we are so Middle East posed by the continuing back the balance of my time. close to reaching an understanding be- suggestions by Palestinian officials The SPEAKER pro tempore. The tween the two parties. that they may unilaterally declare a question is on the motion offered by In my view, the Palestinians have a Palestinian state. Such a declaration the gentleman from New York (Mr. choice, stay the course towards peace could deal a fatal blow to the peace GILMAN) that the House suspend the and reap the benefits of establishing a process and would be a very grave mis- rules and pass the bill, H.R. 5272, as nation conceived out of cooperation take. amended. and negotiation or bypass the process, Our government makes a very seri- The question was taken. declare an independent state, and risk ous mistake if it does not make crystal Mr. GILMAN. Mr. Speaker, on that I becoming a pariah in the international clear to the Palestinian authorities demand the yeas and nays. arena. how we would respond to such a step. It The yeas and nays were ordered. As a supporter of the peace process, I is for that reason that I urge strong The SPEAKER pro tempore. Pursu- am greatly concerned that Palestinian support for this measure. ant to clause 8 of rule XX and the Chair’s prior announcement, further Authority Leader Yasser Arafat will Mr. BENTSEN. Mr. Speaker, I rise in sup- proceedings on this motion will be carry through with his threat to create port of H.R. 5272, the Peace Through Nego- postponed. a Palestinian state with or without an tiations Act of 2000, which expresses support agreement. Frankly, Mr. Speaker, I for the Middle East peace process and the f shudder to think of the repercussions need for a negotiated settlement of the Arab- MAKING IN ORDER ON WEDNES- resulting from taking such drastic ac- Israeli conflict. DAY, SEPTEMBER 27, 2000 MO- tion. This legislation declares that U.S. policy op- TIONS TO SUSPEND THE RULES Mr. Arafat, do not let the dream that poses the unilateral declaration of a Pales- AND CALL OF CORRECTIONS you have worked your entire life for tinian state. Should such a unilateral declara- CALENDAR crumble in order to quell domestic po- tion occur, this measure would prohibit all U.S. Mr. GOODLING. Mr. Speaker, I ask litical concerns. I urge you to choose assistance to the Palestinians except for hu- unanimous consent that it be in order the path to which you have been com- manitarian aid, and would encourage other at any time on Wednesday, September mitted for nearly a decade, the path of countries and international organizations to 27, 2000, for the Speaker to entertain peace. join the U.S. in withholding diplomatic recogni- motions to suspend the rules and pass, The people of Israel, the West Bank, tion of a Palestinian state. Further, this legisla- or adopt, the following measures: the Gaza have suffered through enough tion would authorize the President to withhold H.R. 1795, National Institute of Bio- violence, torment, and death during U.S. contributions to international organiza- medical Imaging and Engineering Es- the years of struggle for the creation of tions that recognize a unilaterally declared tablishment Act; a Palestinian state. Let us work to- Palestinian state. H.R. 2641, to make technical correc- gether to ensure that history does not As a co-sponsor of H.R. 4976, similar legis- tions to Title X of the Energy Policy repeat itself. lation introduced by my colleague from New Act of 1992; H8180 CONGRESSIONAL RECORD — HOUSE September 26, 2000 H.R. 2346, to authorize the enforce- that high quality teachers are recruited and this section after completing the required ment of certain Federal Communica- retained in areas where they are most needed number of years of qualifying employment. tions Commission regulations regard- so students attending school in such areas (3) FULLY QUALIFIED TEACHERS IN PUBLIC receive a quality education. ing use of citizens band radio equip- ELEMENTARY OR SECONDARY SCHOOLS.—An ap- SEC. 3. EXPANDED LOAN FORGIVENESS PRO- plication for loan repayment under this sec- ment; GRAM FOR TEACHERS. tion shall include such information as is nec- H. Res. 576, supporting efforts to in- (a) PROGRAM.— essary to demonstrate that the applicant— crease childhood cancer awareness, (1) IN GENERAL.—The Secretary of Edu- (A) if teaching in a public elementary, treatment, and research; cation (in this section referred to as the middle, or secondary school (other than as a S. 1295, to designate the Lance Cor- ‘‘Secretary’’) shall carry out a program of teacher in a public charter school), has ob- poral Harold Gomez Post Office; and assuming the obligation to repay, pursuant tained State certification as a teacher (in- to subsection (c), a loan made, insured, or cluding certification obtained through alter- It be in order at any time on Wednes- guaranteed under part B of title IV of the day, September 27, 2000, for the Speak- native routes to certification) or passed the Higher Education Act of 1965 or part D of State teacher licensing exam and holds a li- er to direct the Clerk to call the bill on such title (excluding loans made under sec- cense to teach in such State; and the Corrections Calendar. tions 428B and 428C of such Act or com- (B) if teaching in— The SPEAKER pro tempore. Is there parable loans made under part D of such (i) a public elementary school, holds a objection to the request of the gen- title) for any borrower who— bachelor’s degree and demonstrates knowl- tleman from Pennsylvania? (A) is a new teacher; edge and teaching skills in each of the sub- (B)(i) is employed, for 3 consecutive com- ject areas in which he or she provides in- There was no objection. plete school years, as a full-time teacher in f struction; or a school that qualifies under section (ii) a public middle or secondary school, QUALITY TEACHER RECRUITMENT 465(a)(2)(A) of the Higher Education Act of holds a bachelor’s degree and demonstrates a 1965 (20 U.S.C. 1087ee(a)(2)(A)) for loan can- AND RETENTION ACT OF 2000 high level of competency in all subject areas cellation for a recipient of a loan under part in which he or she teaches through— Mr. GOODLING. Mr. Speaker, I move E of title IV of such Act who teaches in such (I) a high level of performance on a rig- to suspend the rules and pass the bill schools; or orous State or local academic subject areas (H.R. 5034) to expand loan forgiveness (ii) is employed, for 3 consecutive complete test; or for teachers, and for other purposes. school years, as a full-time special education (II) completion of an academic major in teacher, or as a full-time teacher of special The Clerk read as follows: each of the subject areas in which he or she needs children; provides instruction. H.R. 5034 (C) satisfies the requirements of subsection (4) TEACHERS IN NONPROFIT PRIVATE ELE- Be it enacted by the Senate and House of Rep- (d); and MENTARY OR SECONDARY SCHOOLS OR CHARTER resentatives of the United States of America in (D) is not in default on a loan for which the SCHOOLS.—In the case of an applicant who is Congress assembled, borrower seeks forgiveness. teaching in a nonprofit private elementary SECTION 1. SHORT TITLE. (2) AWARD BASIS; PRIORITY.— or secondary school, or in a public charter This Act may be cited as the ‘‘Quality (A) AWARD BASIS.—Subject to subpara- school, an application for loan repayment Teacher Recruitment and Retention Act of graph (B), loan repayment under this section under this section shall include such infor- 2000’’. shall be on a first-come, first-serve basis and mation as is necessary to demonstrate that subject to the availability of appropriations. SEC. 2. FINDINGS AND PURPOSE. the applicant has knowledge and teaching (B) PRIORITY.—The Secretary shall give (a) FINDINGS.—Congress makes the fol- skills in each of the subject areas in which priority in providing loan repayment under he or she provides instruction, as certified by lowing findings: this section for a fiscal year to student bor- (1) Over the next 10 years, a large percent- the chief administrative officer of the rowers who received loan repayment under school. age of teachers will retire, leaving American this section for the preceding fiscal year. classrooms, particularly urban and rural (e) TREATMENT OF CONSOLIDATION LOANS.— (3) REGULATIONS.—The Secretary is author- classrooms, facing a serious teacher short- A loan amount for a consolidation loan made ized to prescribe such regulations as may be under section 428C of the Higher Education age. necessary to carry out the provisions of this (2) The Nation will need 2,000,000 new Act of 1965, or a Federal Direct Consolidation section. Loan made under part D of title IV of such teachers over the next 10 years. Unfortu- (b) LOAN REPAYMENT.— nately, in the past this need has been met by Act, may be a qualified loan amount for the (1) ELIGIBLE AMOUNT.—The amount the purpose of this section only to the extent admitting some unqualified teachers to the Secretary may repay on behalf of any indi- classroom. that such loan amount was used by a bor- vidual under this section shall not exceed— rower who otherwise meets the requirements (3) There is also a chronic shortage of fully (A) the sum of the principal amounts out- certified special education teachers, aver- of this section to repay— standing (not to exceed $5,000) of the individ- (1) a loan made under section 428 or 428H of aging about 27,000 per year. While the de- ual’s qualifying loans at the end of 3 con- mand is ever present, institutes of higher such Act; or secutive complete school years of service de- (2) a Federal Direct Stafford Loan, or a education are graduating fewer teachers scribed in subsection (a)(1)(B); qualified in special education. Federal Direct Unsubsidized Stafford Loan, (B) an additional portion of such sum (not made under part D of title IV of such Act. (4) High quality teachers are the first vital to exceed $7,500) at the end of each of the (f) ADDITIONAL ELIGIBILITY PROVISIONS.— step in ensuring students receive a high next 2 consecutive complete school years of (1) CONTINUED ELIGIBILITY.—Any teacher quality education. such service; and (5) Potentially valuable teacher candidates who performs service in a school that— (C) a total of not more than $20,000. (A) meets the requirements of subsection are often lured into different careers by (2) CONSTRUCTION.—Nothing in this section higher compensation. (a)(1)(B) in any year during such service; and shall be construed to authorize the refunding (B) in a subsequent year fails to meet the (6) Moreover, the burdensome paperwork of any repayment of a loan made under part and legal requirements are factors which requirements of such subsection, B or D of title IV of the Higher Education may continue to teach in such school and lead special education teachers to leave the Act of 1965. profession. More special education teachers shall be eligible for loan forgiveness pursu- (3) INTEREST.—If a portion of a loan is re- ant to subsection (a). move into the general education realm than paid by the Secretary under this section for vice versa. (2) PREVENTION OF DOUBLE BENEFITS.—No any year, the proportionate amount of inter- borrower may, for the same service, receive (7) High-quality prospective teachers need est on such loan which accrues for such year to be identified and recruited by presenting a benefit under both this section and subtitle shall be repaid by the Secretary. D of title I of the National and Community to them a career that is respected by their (c) REPAYMENT TO ELIGIBLE LENDERS.—The Service Act of 1990 (42 U.S.C. 12571 et seq.). peers, is financially and intellectually re- Secretary shall pay to each eligible lender or warding, and contains sufficient opportuni- holder for each fiscal year an amount equal (3) DEFINITION OF NEW TEACHER.—The term ties for advancement. to the aggregate amount of loans which are ‘‘new teacher’’ means an individual who has (8) Teacher loan forgiveness gives high- subject to repayment pursuant to this sec- not previously been employed as a teacher in poverty schools an effective incentive for re- tion for such year. an elementary or secondary school prior to cruiting and retaining much-needed high (d) APPLICATION FOR REPAYMENT.— August 1, 2001, excluding employment while quality teachers. (1) IN GENERAL.—Each eligible individual engaged in student teaching service or com- (9) Loan forgiveness for high-need teachers, desiring loan repayment under this section parable activity that is part of a preservice including special education teachers, can be shall submit a complete and accurate appli- education program. a critical link in increasing the supply of cation to the Secretary at such time, in such SEC. 3. AUTHORIZATION OF APPROPRIATIONS. these essential educators. manner, and containing such information as There are authorized to be appropriated to (b) PURPOSE.—The purpose of this Act is to the Secretary may require. carry out this Act such sums as may be nec- encourage individuals to enter and continue (2) YEARS OF SERVICE.—An eligible indi- essary for fiscal year 2001 and for each of the in the teaching profession in order to ensure vidual may apply for loan repayment under 4 succeeding fiscal years. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8181 The SPEAKER pro tempore. Pursu- expanded the flexibility of current edu- There was no objection. ant to the rule, the gentleman from cation programs to allow more schools The SPEAKER pro tempore. The Pennsylvania (Mr. GOODLING) and the to have the Federal resources nec- Chair recognizes the gentleman from gentlewoman from California (Ms. essary to carry out these types of inno- New Jersey (Mr. HOLT). SANCHEZ) each will control 20 minutes. vative programs. Mr. HOLT. Mr. Speaker, I yield my- The Chair recognizes the gentleman Additionally, we are providing assist- self such time as I may consume, and I from Pennsylvania (Mr. GOODLING). ance targeted directly to prospective thank my colleague from California GENERAL LEAVE teachers through student loan forgive- and rise in support of H.R. 5034. Mr. GOODLING. Mr. Speaker, I ask ness. Specifically, under the Higher As my friend and colleague from unanimous consent that all Members Education Amendments of 1998, we es- Pennsylvania mentioned, this bill of may have 5 legislative days within tablished a program for qualified our colleague from South Carolina pro- which to revise and extend their re- teachers who commit to teaching in a vides up to $20,000 in student loan for- marks on H.R. 5034. low-income school for 5 years. The pro- giveness to fully qualified teachers The SPEAKER pro tempore. Is there gram is only available for new student teaching in high-need schools and dis- objection to the request of the gen- loan borrowers, and the total amount tricts. I certainly view loan forgiveness tleman from Pennsylvania? of loan forgiveness is limited to $5,000 as one of a number of strategies to en- There was no objection. per student. sure that we have enough highly quali- Mr. GOODLING. Mr. Speaker, I yield The fact is teacher loan forgiveness fied teachers, especially in the critical myself such time as I may consume. can be a highly successful incentive for areas of science and math. Mr. Speaker, I rise in support of H.R. encouraging some of our best and This bill expands upon a Democratic 5034, the Quality Teacher Recruitment brightest graduates to enter the teach- initiative included under Title IV of and Retention Act of 2000, and I thank er profession. Teacher loan forgiveness the Higher Education Act during the the gentleman from South Carolina also enjoys wide public support, as evi- last reauthorization that guarantees (Mr. GRAHAM), who has worked dili- denced by a 1998 Lou Harris poll, which $5,000 in student loan forgiveness to gently on our committee for many found a majority of Americans favored any teacher who teaches in a high-need years to try to ensure that we have providing such assistance to teachers. school for a period of 5 years. Now, quality teachers in every classroom Business groups have also been out- $20,000 is obviously a more powerful in- throughout the United States. spoken on the need for teacher loan centive than $5,000; and given the loom- It has been well noted that schools forgiveness. ing teacher shortage, high-needs will need to hire 2 million new teachers For example, the California Business schools and districts will need all the in the next decade in order to accom- for Education Excellence has as one of help they can get in recruiting and re- modate growing enrollments and to off- its top priorities to support expanding taining qualified teachers, and I ap- set the projected increase in teacher teacher loan forgiveness programs. plaud the gentleman from South Caro- retirements. But it is more than just Specifically, they believe the amount lina for his interest in improving and hiring more teachers. At the same time and rate of loan forgiveness should be expanding the existing program. schools are compelled to hire the best accelerated in order to recruit and re- I would be remiss, however, if I failed teachers. Parents, business leaders, and tain teachers for hard-to-fill openings. to mention some of my concerns about the general public are all demanding That is exactly what has been done this legislation. For although I am dis- more from our Nation’s schools. under legislation passed by the Com- appointed that Democratic offers to However, as we have heard through mittee on Education and the Workforce work with our friends on the other side the course of many hearings held by earlier this year. Specifically, H.R. of the aisle to improve this legislation the Committee on Education and the 4402, the Training and Education for before it came to the floor were Workforce, finding and retaining qual- American Workers Act of 2000, directs rebuffed, it is still my hope that some ity teachers has become more and more 25 percent of the fees collected through of my concerns and some of the con- difficult, especially in light of the H–1B visa applications to be used for cerns of my colleagues can be remedied many other opportunities available to new student loan forgiveness programs should this bill be taken up in the Sen- potential teachers in today’s market- to attract more math, science and ate. place. reading teachers who agree to teach for To begin with, the bill is written in A front page New York Times article 5 years. Benefits under this program such a way that it is really unclear as on August 24 underscores the difficulty are in addition to any benefits a stu- to the relationship between this loan facing many schools: ‘‘A growing num- dent may receive under programs es- forgiveness program and the existing ber of States and school districts are tablished as part of the Higher Edu- loan forgiveness program. I worry this short-circuiting the usual route to cation Act Amendments. could be confusing for students and teacher certification with their own H.R. 5034, the legislation we are con- school officials. We need to simplify crash courses that put new teachers in sidering today, builds upon both of the student aid, not make it more com- the classroom after as little as three other teacher loan forgiveness pro- plicated. weeks. Officials say they are driven by grams. This important initiative also In addition, funding for this program a severe teacher shortage.’’ expands upon the current programs by does not kick in until 3 years after the In response, many schools are imple- not limiting forgiveness to just new date of enactment, meaning that menting innovative solutions. Last borrowers. teachers could not benefit from it, as I week during a hearing on this issue in Mr. Speaker, I commend the gen- understand it, until 2004. We are losing our committee, we had the opportunity tleman from South Carolina for work- teachers to more lucrative professions to hear from Micheline J. Bendotti, ex- ing so hard on this important legisla- today, and will in 2001 and 2002 and ecutive director from the Arizona tion. He has been a leader and an advo- 2003. If we want to keep these talented Teacher Advancement Program. This cate for quality teaching in the years individuals in the classroom, it seems program is being implemented in sev- he has served on the committee. I en- to me prudent to provide them with eral schools across Arizona and pro- courage all Members to support its pas- loan forgiveness today. vides teachers with market-driven sage. And perhaps most important, funding compensation, multiple career paths, Mr. Speaker, I reserve the balance of for this program is discretionary rath- and performance-based accountability, my time. er than mandatory, as is Title IV of the along with high quality ongoing ap- Ms. SANCHEZ. Mr. Speaker, I ask Higher Education Act. So depending on plied professional development. unanimous consent to give manage- the spirit and generosity of the appro- For our part, Republicans in Con- ment duties on this bill to my col- priators 3 years from now, although I gress are assisting States and local league, the gentleman from New Jersey presume we will have generous appro- school districts to meet the challenges (Mr. HOLT). priators 3 years from now, but depend- of a competitive marketplace. Through The SPEAKER pro tempore. Is there ing on that spirit of generosity, some initiatives such as the House-passed objection to the request of the gentle- teachers might benefit while others, Teacher Empowerment Act, we have woman from California? though equally qualified, might not. In H8182 CONGRESSIONAL RECORD — HOUSE September 26, 2000 fact, should the appropriators decide $5,000. It will allow a person who will Let me mention one other facet not to fund the program at all, no one go into teaching in a Title I school, a about this bill. The special education will benefit, and we will be no closer to hard-to-recruit area, if they will teach teachers are included. I would like to addressing the teacher shortage than for 3 years in the area that they major thank my colleague the gentleman we are today. in in college, math teachers teaching from South Carolina (Mr. DEMINT). We So I would like to work with my col- math, science teachers teaching all know how hard it is to get people to league to see if there is some way we science, if they will go into this school go into special ed. So if they are a spe- can ensure that all eligible teachers district and keep their certification up, cial-ed teacher, regardless of the school can benefit from this valuable pro- in the fourth and fifth and sixth year of district they go to, we will help forgive gram. After all, his intention, I am their career, we will forgive their stu- their student loan if they will stay in sure, is to provide an incentive that dent loan up to $17,750 in additional there and help the kids. will be meaningful to recruit and to en- loan forgiveness. Mr. Speaker, I want to thank the courage teachers. And it is a discretionary program. We chairman for the leadership he has Finally, I feel I must make one last worked hard to try to find the offset. shown in allowing this bill to come to point. For although it is not directly But let me just assure my colleague the floor and my colleagues on the related to this bill, I think it is an es- this, that the projections are that we Democratic side of the aisle in the sential part of this debate. We will not will recruit 35,000 new teachers a year Committee on Education and the be able truly to address the problem of if we pass this bill. Workforce. This is a good day for the poor teacher recruitment and retention I would argue that every Member of committee. I think it is a good day for rates, particularly in high-need urban this body, Republicans and Democrats, the Congress, and I urge support of this and rural communities, until we im- appropriators, non-appropriators, will bill. prove conditions faced by teachers in put money into this program if it is Mr. HOLT. Mr. Speaker, I reserve the the classroom. For no matter how bringing in the best and the brightest balance of my time. tempting the monetary incentive, good in areas that are hard to recruit under Mr. GOODLING. Mr. Speaker, I yield teachers will be unlikely to remain in today’s standards. 31⁄2 minutes to the gentleman from the classroom if they are overcrowded, A Newsweek article called ‘‘Teachers North Carolina (Mr. BURR). lacking supplies, and have buildings Wanted’’ is a great expose of what com- Mr. BURR of North Carolina. Mr. falling down around them. munities are doing all over the country Speaker, I thank the chairman for However, despite all this, I believe to try to get people in the teaching yielding me the time. that H.R. 5034 is a good first step, and profession to fill these voids in the Mr. Speaker, I am honored to stand I urge my colleagues to support it. classroom. But we go one step further. before this House today in support of Mr. Speaker, I reserve the balance of We just do not want bodies. We want my good friend the gentleman from my time. people committed to the teaching pro- South Carolina (Mr. GRAHAM) and in Mr. GOODLING. Mr. Speaker, I yield fession to keep their certifications up support of his legislation that would 5 minutes to the gentleman from South and have a commitment to these expand the current loan forgiveness Carolina (Mr. GRAHAM), author of the schools. And once that commitment is program for teachers in high poverty legislation and a valuable member of shown, we are going to meet them schools. the committee. more than halfway. As chief architect of the original pro- b 2145 The gentleman from Michigan (Mr. gram in 1998, the gentleman from Mr. GRAHAM. Mr. Speaker, before KILDEE), the gentleman from California South Carolina (Mr. GRAHAM) is a tre- we start discussing the bill, I would (Mr. MILLER), the gentleman from New mendous advocate for teachers. I ap- like to offer a debt of gratitude to my Jersey (Mr. HOLT) and the gentle- preciate his work on this behalf. colleagues on the other side for allow- woman from California (Ms. SANCHEZ), I am increasingly concerned about ing this bill to go forward. And we can I really appreciate them joining with the state of our Nation’s education sys- make it better, I am sure. But I have a us to get this bill out of the House. And tem, more specifically with regard to few points that were mentioned. if we can make it better, we will. the quality of teaching. Just today, This bill is building on existing pro- But the bottom line is that there are there are newspaper reports about grams that our Committee on Edu- a lot of folks getting ready to decide teacher turnover in North Carolina cation and the Workforce in a bipar- what career to choose and they want to schools. tisan fashion passed a couple years ago. go into teaching, and one of the biggest Mr. Speaker, I can assure my col- There is a $5,000 student loan forgive- problems they face as a college grad- leagues that the news is not good and ness program in existence today if they uate is a big student loan. The average it is getting worse. According to the will go into teaching in a Title I is almost $17,000 now. North Carolina Department of Instruc- school. What we are saying, in a bipartisan tion, last year’s teacher turnover rate What does that mean? A Title I fashion, is, if they will make a commit- was 13.59 percent, up from 13.4 in 1999 school is a school where 30 percent of ment to teaching and they will keep and 12.3 percent in 1998. This means the students are at the poverty level or their certifications up and they will do that over 12,000 out of 89,000 teachers in below. That is usually a rural poor a good job, we will take that debt away North Carolina left their job for one school, an urban poor school, the from them in a very quick period of reason or another. places that is very hard to recruit. time. I think people are going to re- Perhaps a more startling figure is As the chairman said, there is going spond in droves. that about 30 percent of these teachers to be a two-million person teacher The article called ‘‘Teachers Want- had tenure. While these numbers are shortage facing this Nation. And how ed,’’ I would just like to let the people unsettling, I must share with my col- do we get the best and the brightest of the United States know that we dis- leagues that North Carolina is making into the teaching profession and how agree a lot in this body and we have improvements. We have the most Na- do we get them into the hardest-to-re- different views of what the Federal tional Board Certified teachers in the cruit area, rural poor, urban poor? We Government should do in education. country. We are recognized as one of give them a signing bonus. But this is a good day. We are ap- the top two States in improving teach- But the law that exists today has the proaching the end of a contentious ing. North Carolina has made the most same requirement as this bill. We just Congress, but we are coming together gains on SAT test scores, more than do not want to get bodies into the as Republicans and Democrats and we any other State in the last 10 years. classroom. We want to have quality are putting into place a program that And finally, the National Education teachers in the classroom. Under the will help real people in a real way to Goals Panel said that North Carolina is current program, they cannot get any put a new generation of teachers in one of the top States in business and loan forgiveness until they teach 3 classrooms where it is very hard to re- community support for public edu- years. cruit. And this applies to anybody with cation. That is exactly what this bill does. a student loan that is willing to go into Even with this outstanding recogni- But what it does is it goes beyond a Title I school. tion, I think that we can all agree that September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8183 it just is not enough. If North Carolina shortage of special-ed teachers, but also must look at the environment is making such improvements and our some teachers in the field are not where they will teach, the class sizes, numbers are this high, I shudder to qualified. the facilities, and we must make sure look at the States who have higher Additionally, special education that the environment provides an at- turnover rates. We must try harder, we teachers are burdened by the need to mosphere of continuous improvement must work harder to give our children comply with complex Federal laws and and professional development. With an education that will provide them paperwork requirements in the Individ- that, we can find the teachers we need, with the tools necessary to make solid uals With Disabilities Education Act. train them, and give our students the choices in their lives. While the law is filled with good in- education they deserve. Sadly, many of our students are not tentions, it is widely acknowledged to Mr. Speaker, I yield back the balance able to make these choices. I believe be a complicated process which leaves of my time. that we can change that. In North less time for teachers to go about the b 2200 Carolina, teachers in 1,459 elementary business of teaching. Teachers are dis- and secondary schools are eligible for couraged by the paperwork require- Mr. GOODLING. Mr. Speaker, I yield loan forgiveness under the current pro- ments and spend hours working on the balance of my time to the gen- gram. Of this number, teachers in 178 checklists rather than lesson plans. tleman from Indiana (Mr. SOUDER), a schools in and around my district are They do this because they fear lawsuits seasoned, important member of our eligible. if somehow they fall short of a dotting committee. An especially attractive piece of this an ‘‘I’’ or crossing a ‘‘T.’’ Mr. SOUDER. I thank the gentleman package is that all special education Local school districts must pay for for yielding me this time. teachers are eligible for loan cancella- this underfunded mandate for special Mr. Speaker, I am a proud conserv- tion under the Graham bill. I am education, which strains their budget. ative cosponsor of the gentleman from pleased that my district’s most at-risk This bill does its part in a small way South Carolina’s bill to provide loan schools have a program to help them by giving local school districts an in- forgiveness to teachers in title I attract quality teachers, and I think centive to attract special-ed teachers. schools and special ed. Sometimes, just this loan forgiveness program is a good If teachers are qualified, they can re- once in a while, our liberal friends ac- foundation for us to build upon. ceive loan forgiveness over time if they cuse conservatives of not caring about Mr. Speaker, our Nation’s most pre- teach in the special-ed field. While the improving education because we do not cious resource is our children. I believe number of special-ed students is rising, favor a Federal takeover in education. that this bill gives our children, espe- the number of teachers qualified to In fact, the gentleman from Pennsyl- cially our disadvantaged children, the teach special-ed kids is not keeping vania (Mr. GOODLING), the gentleman chance to have a better education. pace with demand. Each year there is a from South Carolina (Mr. GRAHAM), When I spoke on the floor yesterday chronic shortage of fully certified spe- and I were leaders in the fight against about the 25th anniversary of the IDEA cial-ed teachers, averaging about 27,000 national testing standards. We fought bill, I reminded my colleagues that per year. While the demand is ever against the national curriculum and every student has a right to free public present, institutions of higher edu- national teaching standards. But the education. I believe that we have se- cation are graduating fewer teachers gentleman from Pennsylvania (Mr. cured access to education. Loan for- qualified in special ed. GOODLING) has committed his entire ca- giveness for qualified teachers brings Mr. Speaker, the Quality Teacher Re- reer to trying to provide better quality us one step closer to improving quality cruitment and Retention Act is one with local control, and this bill is yet in the classroom. step we can take to help local school another example. To close, it seems that the latest districts by recruiting qualified teach- We Republicans say everyone should trend in Washington is to see who can ers to enter and remain in the special compete. Yet we do not believe in guar- buy the most teachers or who can education field. anteeing absolute equality. Parents’ spend the most on education. I cannot I thank my colleague for his willing- education differs, their income differs, stand by and watch Congress and the ness to craft this legislation in such a some kids are going to have computers President poor billions into the Title I way that addresses the important need at home, some kids are going to have program and cross their fingers any for special education teachers across parents who can teach. There is not longer and hope that education gets the country. just a whole lot we can do about that. better and student achievement goes Mr. HOLT. Mr. Speaker, I yield my- But we do believe that there ought to up. I think we can do better. We will do self such time as I may consume. be basic opportunities for all kids in better. Mr. Speaker, I would like to repeat America. And so we support title I and We need to give teachers a reason to that we support this bill. It does need we support IDEA. The chairman has go to Title I schools and invest their some perfecting, but it gets at the been a leader in Even Start, in Head time, their energy and their talents. heart of what we must address in edu- Start. We have had many such bills. Support this bill, and we are well on cation. This bill combines many of the prin- the way. Teachers are indeed the key. Teach- ciples that we as conservatives believe Mr. GOODLING. Mr. Speaker, I yield ers are the key for special education. are valuable in trying to help low-in- 23⁄4 minutes to the gentleman from Teachers are the key for languages. come students. It does it with incen- South Carolina (Mr. DEMINT) another Teachers are the key for science and tives, not mandates. It does not tell important new member on our com- math. people what they actually have to do; mittee. In fact, tomorrow the Glen Commis- it forgives their loans and gives them Mr. DEMINT. Mr. Speaker, I rise in sion, the National Commission on the the flexibility; and it requires them to support of the Quality Teacher Re- Teaching of Mathematics and Science, serve first. Often we give money to cruitment and Retention Act. I am a will be issuing our report; and that will somebody, and they may or may not cosponsor of this legislation. also highlight the need to recruit good serve. In this case if they serve the 3 I have had the good fortune to work teachers, to provide them training be- years, then they get 3 years forgiven; 4 with my good friend the gentleman fore they go in, mentoring as they years, then they get more forgiven the from South Carolina (Mr. GRAHAM) on enter their field, and life-long profes- fifth year. If we give the money up it. I want to emphasize a specific part sional development. front, we find that many times in other of the bill which has already been men- Loan forgiveness is part of the num- programs where we have done this we tioned. ber of steps that we must take in order may or may not get people to serve, This bill would allow the loan for- to have the kind of teaching that we and we may battle over that forgive- giveness program to all teachers who need to give our students the education ness. That is a conservative principle. choose to go into the special education they need for fulfilling lives in the 21st We also say that when you give it to field regardless of teaching location. century. an individual student who then goes The field of special education faces We must recruit teachers. Loan for- and teaches, it does not come with the special challenges. There is not only a giveness will help with that. But we Federal strings. It gives the teachers H8184 CONGRESSIONAL RECORD — HOUSE September 26, 2000 the flexibility to determine what they tives including bonus and merit pay, tenure re- CONGRATULATING HOME EDU- are going to do, special ed or a title I form, teacher mentoring programs, and profes- CATORS AND HOME SCHOOLED school; it gives the school the flexi- sional development; and STUDENTS bility without the strings that come Increased flexibility in the ``100,000 New Mr. SCHAFFER. Mr. Speaker, I move from many of this administration’s Teachers'' Program so that schools experi- to suspend the rules and agree to the proposals. When people ask what con- encing a high percentage of uncertified teach- resolution (H. Res. 578) congratulating servatives are doing to help those who ers can use funds to focus on boosting teach- home educators and home schooled stu- are hurting, to those who are behind, er training as opposed to hiring additional dents across the Nation for their ongo- those who potentially can be left be- teachers. ing contributions to education and for hind, this is yet one more example of H.R. 5034 builds on these significant efforts the role they play in promoting and en- what this Congress has done. It is a by expanding another important provision in suring a brighter, stronger future for small step, but it is an important step. the higher education amendmentsÐloan for- this Nation, and for other purposes. My daughter is currently teaching at giveness for teachers. The Clerk read as follows: a title I school. It is a new job. She has This legislation enhances loan forgiveness H. RES. 578 found that as opposed to a suburban by increasing the number of those qualified for Whereas the United States is committed to school she gets less money to help in the program while retaining the current re- excellence in education and to strengthening the classroom. Fewer of the parents quirements so that we not only get qualified the family; show up. It is hard even to get as many teachers into the classroom but keep them Whereas parental choice and involvement parents to participate in bringing re- there. are important to excellence in education; Whereas parents have a fundamental right freshments for the kids because they The bill also addresses the need across the to direct the education and upbringing of do not have the income. We need to do country for special education teachers by their children; some special steps in America to make granting them loan forgiveness no matter Whereas home schooling families con- sure that those who are college grad- where they teach. tribute significantly to cultural diversity, uated even though we support alter- To conclude, in order to combat the short- which is important to a healthy society; native certification, even though we age of teachers, we must continue to look at Whereas home education allows families support creative ways to fill those innovative ways to motivate thousands to the opportunity to provide their children a gaps, we need creative ways like the come into the teaching profession. sound academic education integrated with high ethical standards taught within a safe gentleman from South Carolina’s bill The new loan forgiveness provided under and secure environment; to encourage our young people in col- H.R. 5034 is one such incentive and, as such, Whereas home education has been a major lege today to take at least part of their I urge all my colleagues to support this impor- part of American education and culture since career, many of whom will then fall in tant legislation. the Nation’s inception and demonstrates the love with these kids who so much need The SPEAKER pro tempore (Mr. American ideals of innovation, entrepreneur- their help to work in our title I and SHIMKUS). The question is on the mo- ship, and individual responsibility; special ed programs. tion offered by the gentleman from Whereas home education was proven suc- cessful in the lives of George Washington, I commend the gentleman from Pennsylvania (Mr. GOODLING) that the Patrick Henry, John Quincy Adams, John Pennsylvania (Mr. GOODLING); I com- House suspend the rules and pass the Marshall, Robert E. Lee, Booker T. Wash- mend the gentleman from South Caro- bill, H.R. 5034. ington, Thomas Edison, Abraham Lincoln, lina (Mr. GRAHAM) for his great work The question was taken; and (two- Theodore Roosevelt, Woodrow Wilson, Mark and add my enthusiastic support to thirds having voted in favor thereof) Twain, John Singleton Copley, William this bill. the rules were suspended and the bill Carey, Phyllis Wheatley, and Andrew Car- negie, who were each home schooled; Mr. MCKEON. Mr. Speaker, I rise in strong was passed. A motion to reconsider was laid on Whereas today the United States has a sig- support of the Quality Teacher Recruitment nificant number of parents who teach a total and Retention Act. the table. of approximately 1,700,000 home schooled stu- Just this week, Newsweek's cover story f dents, thus saving several billion dollars on asks ``Who will teach our kids?'' Since one REPORT ON RESOLUTION WAIVING public education each year; half of all teachers in America are slated to re- Whereas home schooled students exhibit ALL POINTS OF ORDER AGAINST tire by 2010, this is a question on the minds self-confidence and good citizenship and are MOTION TO CONCUR IN SENATE of millions of families across this country. fully prepared academically and socially to AMENDMENT TO H.R. 4365, CHIL- In my home State of California, we are al- meet the challenges of today’s society; DREN’S HEALTH ACT OF 2000 Whereas scores of contemporary studies, ready feeling the teacher crunch where as a including a 1999 University of Maryland anal- result of the State's class size reduction pro- Ms. PRYCE of Ohio (during consider- ysis of the nationally recognized Iowa Test gram, there are 35,000 uncertified teachers in ation of H.R. 5034) from the Committee of Basic Skills, confirm that children who our classrooms. on Rules, submitted a privileged report are educated at home perform exceptionally Over the past two years, the Subcommittee (Rept. No. 106–901) on the resolution (H. well on nationally normed achievement on Postsecondary Education, Training, and Res. 594) providing for consideration of tests, and such performance is also dem- Life-long Learning (which I serve as Chairman the Senate amendment to the bill (H.R. onstrated by the fact that home schooled students scored well above the national aver- and the bill's sponsor, LINDSAY GRAHAM, 4365) to amend the Public Health Serv- ice Act with respect to children’s age on the 2000 SAT and the 1997, 1998, 1999, serves as vice chairman) has devoted sub- and 2000 ACT; stantial time and effort toward the issue of health, which was referred to the Whereas studies demonstrate that home teacher quality and recruitment. House Calendar and ordered to be schooled students excel in college, with the We have held numerous hearings and have printed. grade point average of home schooled stu- had an active hand in shaping legislative pro- f dents exceeding the college average; posals aimed at getting teachers into our Whereas home schooled students continue REPORT ON RESOLUTION WAIVING classrooms. to exhibit excellence in academic competi- REQUIREMENT OF CLAUSE 6(a) Those proposals include: tions, as demonstrated by home schooled OF RULE XIII WITH RESPECT TO students finishing first, second, and third in The teacher quality enhancement grantsÐ CONSIDERATION OF CERTAIN the 2000 Scripps-Howard National Spelling established in the higher education amend- RESOLUTIONS Bee and by a home schooled student fin- ments of 1998; ishing second in the 2000 National Geography Language in H.R. 2, the ``Education Op- Ms. PRYCE of Ohio (during consider- Bee sponsored by the National Geographic tions'' Act to boost the qualifications of the ation of H.R. 5034) from the Committee Society; and 180,000 teachers and paraprofessionals who on Rules, submitted a privileged report Whereas National Home Education Week, teach in our Nation's poorest school districts; (Rept. No. 106–902) on the resolution (H. beginning on October 1, 2000, and ending on The Tech-for-Success Program in H.R. Res. 595) waiving a requirement of October 7, 2000, furthers the goal of honoring 4141 to help better prepare teachers in how clause 6(a) of rule XIII with respect to home educators and home schooled students consideration of certain resolutions re- for their efforts to improve the quality of best to use technology to improve student education in the United States: Now, there- academic achievement; ported from the Committee on Rules, fore, be it The Bipartisan Teacher Empowerment Act which was referred to the House Cal- Resolved, That the House of to enable schools to focus on a host of initia- endar and ordered to be printed. Representatives— September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8185 (1) congratulates home educators and home beliefs, and the 14th amendment, which fort to educate their children at home, schooled students across the Nation for their guarantees liberty for all including pa- a task that demonstrates an incredible ongoing contributions to education and for rental liberty to direct the education amount of determination on the part of the role they play in promoting and ensuring of their children. the parents and their children. a brighter, stronger future for the Nation; (2) honors home educators and home Historically, home schooling was one I value the contributions of parents schooled students for their efforts to im- of the major forms of education until who choose to become involved with prove the quality of education in the United the early 1900s. Hundreds of great lead- their children’s education. Although I States; and ers in America were home schooled, in- was not a product of home schooling, I (3) supports the goals of National Home cluding at least nine Presidents, also certainly understand as a product of Education Week. Patrick Henry, Benjamin Franklin, the Head Start program how instru- The SPEAKER pro tempore. Pursu- John Marshall, George Bernard Shaw mental it is for parents to be involved ant to the rule, the gentleman from and Thomas Edison. It is also fitting in one’s education. Having parents that Colorado (Mr. SCHAFFER) and the gen- that we commend home schooled chil- were active and understanding of my tlewoman from California (Ms. dren, most of whom are studying hard, needs allowed me to obtain a first-rate SANCHEZ) each will control 20 minutes. mastering computational skills, learn- education. Their involvement has made The Chair recognizes the gentleman ing history, and applying the lessons of a difference in my career. from Colorado (Mr. SCHAFFER). discipline and virtue to everyday life. Parental involvement in the home GENERAL LEAVE I have had the privilege of working schooling program is growing as an Mr. SCHAFFER. Mr. Speaker, I ask closely with many home schoolers over educational option for their children. unanimous consent that all Members the past several years. They are a cred- The Department of Education esti- may have 5 legislative days within it to our Nation, they know the issues, mates that anywhere between 1.5 and 2 which to revise and extend their re- and they are willing to work in a bipar- million children currently are being marks on H. Res. 578. tisan way to help shape legislation for home schooled. This is about 3 to 4 per- The SPEAKER pro tempore. Is there the benefit of all Americans. For exam- cent of school-aged children nation- objection to the request of the gen- ple, together we worked hand in hand wide, and the total figure is growing by tleman from Colorado? to stop the ill-conceived national tests over 15 percent every year. There was no objection. which could have led to a national cur- By the end of the first decade of the Mr. SCHAFFER. Mr. Speaker, I yield riculum. We won the battle, but the 21st century, there may be well over 2 41⁄2 minutes to the gentleman from war continues even today. Home million children being home schooled Pennsylvania (Mr. GOODLING), the schoolers are not only involved in K–12 in the United States. I know that in chairman of the Committee on Edu- education but also higher education. In my own district, Pam Sorooshian has cation and the Workforce, who has Virginia, Patrick Henry College will done a fantastic job educating her been a long-time advocate for those open its doors next week, primarily to three daughters, Roya, Roxanna and children throughout the country who home schooled students, to provide Rose, at home. To illustrate the dedi- are educated at home. training in public affairs. In addition cation that is put forward by Pam, Mr. GOODLING. I thank the gen- to their academic course work, these Roya entered community college at tleman for yielding time and commend students will have a foundation of age 13. She is now 16 and has completed him for bringing this resolution to us. practical experience, working with over 2 years’ worth of college credits. Mr. Speaker, I rise in strong support governmental offices. These students Roxanna, who is 13, has designed over of H.Res. 578, which congratulates will most certainly benefit from their 38 Web sites. Rose, 9, is a voracious home educators and home schooled stu- understanding of our constitutional reader who wants to own a bookstore dents across the Nation for their ongo- Republic and how limited government, someday. ing contributions to education and for individual freedom and private enter- This is just one example of the great the role they play in promoting a prise can work to benefit all Ameri- achievements made by parents who brighter, stronger future for this Na- cans. stay home and home school their chil- tion. Home schooling works. Over nine dren. Children like Roya, Roxanna, and I have spoken at many of their con- State departments of education and Rose are like many home schooled ferences, I have attended some of their numerous independent surveys have children in that they take advantage of graduations, I know how important it found that on average home schooled home schooling’s flexibility to partici- is, and I know how well they do. It is children score 30 points above the na- pate in special studies, such as volun- appropriate for this body to honor par- tional average on standardized achieve- teer community work, political intern- ents who are directing the education ment tests. Furthermore, these stu- ships and, of course, travel. and upbringing of their children. After dents are being accepted into the finest This country was founded by great all, parents are the first and most im- universities in America. Studies also leaders who went through the home portant teacher of their children. show that nearly two-thirds of home school system. With this resolution we Home schooling is exactly what the schooled graduates are self-employed, honor them as well as the families that name implies, a school in the home. demonstrating their entrepreneurship choose to continue that tradition of ex- Teachers in a home school are parents. and self-reliance. cellence in our Nation for education. These parents have a commitment to Today, the number of home schooled Mr. Speaker, I reserve the balance of make the necessary sacrifices in order students is estimated to be as high as 1 my time. to personally provide an education for million. Home schooling is not a pass- Mr. SCHAFFER. Mr. Speaker, I yield their children, and the sacrifices are ing fad. It continues to grow. Home 3 minutes to the gentleman from great. Legally, parents have a funda- schooling works and will continue to Michigan (Mr. HOEKSTRA). mental right to direct their child’s edu- promote academic excellence and grad- Mr. HOEKSTRA. Mr. Speaker, I cation based on two Supreme Court de- uate productive citizens. thank the gentleman for yielding me cisions, Wisconsin v. Yoder and Pierce In closing, I urge my colleagues to this time. I also congratulate him on v. Society of Sisters. Now all 50 States join me in commending home edu- bringing forward this motion tonight. recognize the right to home school by cators and home schooled students Over the last 3 years, many on the either statute or statewide case law, across the Nation for the role they play Committee on Education and the and 31 States have specifically enacted in promoting and ensuring a brighter, Workforce have had the opportunity to laws to protect the constitutional stronger future for the Nation. travel around the country at the lead rights of parents that teach their own Ms. SANCHEZ. Mr. Speaker, I yield of the Subcommittee on Oversight and children. myself such time as I may consume. I Investigations in cooperation with the The right of parents to direct the rise today as the House prepares to de- gentleman from Pennsylvania (Mr. education and religious training of bate H. Res. 578. GOODLING). We have had the oppor- their children is derived from the first House Resolution 578 recognizes the tunity to have a number of hearings, amendment, which gives parents the important contributions of families both in Washington and around the right to freely exercise their religious who choose to devote their time and ef- country. We have visited over 20 H8186 CONGRESSIONAL RECORD — HOUSE September 26, 2000 States. And we have had the oppor- that the primary right and the primary My parents helped in whatever way tunity to learn what works in edu- responsibility for the education of chil- possible, but as I say, it was not an or- cation and what does not work. We dren historically has been, is, and ganized program. It was a standard have learned that parental involve- should be with parents and that the school curriculum which I did at home. ment, safe classrooms, basic aca- role of government, whether the Fed- I did not think this was too remark- demics, and focusing dollars into the eral, the State, or the local school dis- able. During the late Depression years, classrooms are the things that work. trict, should be to support to the max- it was not uncommon for people to suf- One of the things we found as we imum extent possible the full exercise fer considerable hardship and I just as- went around the country is we had the of that parental right and responsi- sumed this was my lot in life. opportunity consistently to hear suc- bility. What I discovered when I went to the cess stories about our public schools, I happen to know a number of indi- State Senate was that unbeknownst to our private schools, parochial schools; viduals, close friends, one is a member me, I had become a hero to the home but also in many of the instances we of my book club, he was my campaign school movement, because not only had the opportunity to hear firsthand manager in 1974, he is a law clerk for a was I home schooled, but I had ob- about the successes of home schoolers. judge right now, who engages with his tained a Ph.D. in nuclear physics and We have to recognize that in today’s wife and their children in home school- had been elected to the State Senate. I environment people want to make ing. Another is a former administrative do not credit my home schooling with choices about education. What this res- assistant of mine now practicing in law having accomplished that, but it was olution does, it recognizes the con- in Cincinnati who engages in home very useful to the home schooling tribution that those who choose home schooling, and they think it is a won- movement to have a living example be- schooling make to educational excel- derful experience. cause as some may recall in the 1980’s lence in America today. There are some difficulties though. when the home school movement start- The chairman of the full committee One of the difficulties is the lack of op- ed, there was an active attempt on the highlighted some of those results. We portunity that children who are being part of the established schools to legis- know that for many of those parents home schooled sometimes have for so- latively repress home schools. In fact, I had people in my office, who choose home schooling as the way cial interaction and sometimes have educators from various parts of the to educate their children, the system for full participation within the extra- State coming to me in the Michigan works, the results are excellent; and we curricular activities that are available Senate asking me to help sponsor bills are getting kids who will make a dif- to students in a more formal school to prohibit home schooling within the setting and structure, particularly ference in America for the future. State. Their reason was all such dire What we need to do is we need to rec- within the public school district. I am aware of the fact that there are predictions that students would not ognize that as we form an educational learn, that students would falter and system in the United States, that we a great many school districts, however, who do open up all their cocurricular eventually would have to go to the need to allow and permit and in some public schools and they would be 3 and extracurricular activities to home cases encourage the development of years behind and the public schools schooled children, but there are a num- home schooling for those who want to would have to deal with that problem. ber of districts that do not do that. So make that choice. This resolution rec- I rebutted their arguments with my I do not know that it is in this resolu- ognizes the importance of home school- personal example and I am pleased that tion, but at some point in time I would ing along with the other choices that in fact I was correct. parents in America have today. like to see an exhortation, I do not Home schooling has proved to be a I congratulate my colleague on think it is appropriate for the Federal very positive alternative to traditional bringing forward this resolution and Government to become involved here public and private schools, and I am perhaps most importantly I congratu- with either a mandate or incentive, very pleased that we are taking some late all those who have chosen the op- and I am not sure about the propriety time now to recognize that and to com- tion of home schooling and the impact of State government, we will leave it mend them. that they have made in the lives of up to State legislators to determine Studies have shown over the years their children. I also want to thank the that. But I would encourage school dis- that home schooled students excel aca- chairman of the full committee in pro- tricts, in order that they would fulfill demically. They are consistently high- viding my subcommittee with the op- their primary responsibility, and that er on their ACT scores than students portunity to travel around the country is to be supportive of the primary right who go to standard schools. to get a sense of the excitement and and responsibility of the parents for The number of students excelling in the enthusiasm of what is happening in the education of their children, to open the National Spelling Bee, in the Na- education in America today. up all their cocurricular and extra- tional Geography Bee are far out of curricular activities to home schooled b 2215 proportion to the number of students children. I think that would be a very who are home schooled. My colleagues We presented those findings in Edu- meaningful thing to do. may recall that in the last National cation at a Crossroads, and since that Mr. Speaker, I thank the gentle- Spelling Bee, the first, second, and time we again have been able to go woman from California (Ms. SANCHEZ) third place students in that national around the country and visit more in- for yielding me this time, and I thank bee were home schooled. And the sec- novative excellent programs, programs the gentleman from Colorado (Mr. ond place student in the National Geo- that are having a positive impact. SCHAFFER) for his resolution. graphic Society’s National Geography Mr. Speaker, I thank the gentleman Mr. SCHAFFER. Mr. Speaker, I yield Bee scored second. for that opportunity as well. 4 minutes to the gentleman from That is very interesting, and I think Ms. SANCHEZ. Mr. Speaker, I yield 3 Michigan (Mr. EHLERS). it is a clear indication that home minutes to the gentleman from New Mr. EHLERS. Mr. Speaker, I thank schooling does succeed. However, I can York (Mr. LAFALCE). the gentleman from Colorado (Mr. also verify that on the basis of a lot of Mr. LAFALCE. Mr. Speaker, I had no SCHAFFER) for yielding me this time. personal contact and discussion with intention of speaking on this bill. I am Mr. Speaker, there are very few sub- parents and with students who have here so that I can assist the gentleman jects in this Congress on which I can been to the schools, in my experience from Iowa (Mr. LEACH) in the manage- speak as an expert, but this is one of with them, and many of them have vis- ment of two bills coming from the them, since I was home schooled at a ited me in my office, they are invari- Committee on Banking and Financial time when most people did not know ably polite, proper, well educated and I Services. what home schooling was. It was not believe the home schoolers, and their But since I was listening to the dis- by choice, but rather because of child- parents particularly, in this Nation de- cussion, I thought I would comment. I hood asthma which prevented me from serve commendation and gratitude for think home schooling is very impor- going to school. And so as an alter- demonstrating that this is a good al- tant for a number of reasons. It does native, I simply did all of my school- ternative method of education which point out a very fundamental truth work at home. does work. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8187 Therefore, I am pleased that the gen- GOODLING), chairman of the Committee Mr. Speaker, what is even more im- tleman from Colorado (Mr. SCHAFFER) on Education and the Workforce, and portant than that is the accomplish- has brought this before us, and I am also the gentleman from Michigan (Mr. ment and the statement that home pleased to join in commending the HOEKSTRA), the chairman of the Sub- schooling makes, because it reinforces home schoolers of America, both the committee on Oversight and Investiga- the notion that parents are the pri- parents who do it and the children who tions as well. Both individuals have mary educators for children and bear receive it, and the fact that they work worked tirelessly for the concept of the ultimate responsibility for the edu- so well together to achieve their goals. local control of education to the great- cation of their children. This is true Ms. SANCHEZ. Mr. Speaker, I yield est extent possible. whether a child is educated at home or myself such time as I may consume. I can think of no better example or whether by a hired professional that Mr. Speaker, a lot of people think ultimate example of local control than serves as a school teacher. that because we support public schools, home schooling itself. This is a very Parents are responsible for educating that somehow we do not support the positive topic and exciting topic be- their child. And in the public school home schooling program. I would like cause it is a topic that highlights suc- setting or private school setting that to say that is quite contrary to what cesses and achievement throughout the parent, and as a community hiring pro- many of us over on this side believe. country. fessional educators to assist them in I know that in my district back at This is a bipartisan bill, as evidenced that job and in that role, but it is al- home in California, that there are by the wide range of cosponsors of this ways the parent that bears that ulti- many people who home school their resolution. This resolution coincides mate responsibility, that always bears children. And as I walk door to door with Home School Week which begins the ultimate authority over making and encounter them, we have very good in about one week, October 1 through 7, the decisions about what is in the best discussions about how we might get recognized as Home School Week interest of that child and being the some of the local schools and local throughout the country. So this resolu- judge of whether a child is on track in school districts to participate in the tion is indeed important to about 1.7 receiving the kind of education that is child’s education also. We applaud on million Americans who are home edu- appropriate and earns the confidence of this side the whole issue of parent in- cated throughout the country. those children. In closing, Mr. Speaker, I would like volvement and, as I said in my begin- I would like to share with my col- to thank one individual, Kevin ning remarks, it is quite important for leagues some interesting statistics. Lundberg, who lived in Berthoud, Colo- parents to be involved in the education Home schooling has grown at about 15 rado. He is the one who first suggested of a child. percent a year since 1990. Somewhere this idea to me, and it was modeled Mr. Speaker, would it not be great if between 6 and 18 percent of all children after a similar resolution that was all of us could find the type of parent under 18 have had some type of home passed in the Colorado State General or have the type of parent who would schooling experience. Assembly. Mr. Lundberg played the take that time and would have the In kindergarten through eighth primary role in helping to draft this knowledge to be able to impart that grade, home school students test the legislation and pointing out many of and be able to spend that time with the highest in our country on the Iowa the accomplishments of home school child? Unfortunately, some parents do Test of Basic Skills and other indica- students. not have that level of education avail- tors as well. Specifically, kids in that I would like to suggest that those 1.7 able to them, so it is hard to pass it on age range in that category score on av- million Americans who are home edu- to their youngsters. But overall, when- erage between the 75th and 85th per- cated today join a pretty impressive ever I come across people who are centile on the Iowa test, placing them list of home educated Americans. Let home schooling in my area, it is great far above their private school counter- me read that list. Some have been men- to hear how they do it, what types of parts as well as those who are educated tioned earlier: George Washington, trips they are taking, what they are in government-owned schools. Patrick Henry, John Quincy Adams, doing to help their children learn. Home school K through 12 students John Marshall, Robert E. Lee, Booker More importantly, it really gives us a have scored significantly higher than T. Washington, Thomas Edison, Abra- point of discussion. Because many fam- both in those other categories on the ham Lincoln, Theodore Roosevelt, ilies feel very comfortable home tests of achievement and proficiency. Woodrow Wilson, Mark Twain, William schooling in the younger years, but as Home school students also score the Carey, Phyllis Wheatley, Andrew Car- the children get older and have a more highest on ACT scores for the third negie, and many, many more who were diverse curriculum that is needed year in a row and for this year, 2000, educated at home. many of them turn to the public they have scored the highest on SATs. Once again, home education week is schools. So it is a good point of discus- As my colleague from Michigan men- celebrated next week starting October sion to ensure that home schooling tioned earlier, home schooled students 1. It is a celebration that is well de- parents are also working with the pub- dominated the 2000 Scripps-Howard Na- served and one that the entire country lic schools to get that extracurricular tional Spelling Bee winning not only should participate in. I am grateful, activity or to get those additional first place but second place and third Mr. Speaker, that those who are here classes, or maybe to go back into the place in that national spelling bee, and on the floor tonight, and others who public school system to get the type of came in second in the 2000 National Ge- have supported this resolution through learning that they need as a child con- ography Bee. cosponsorship and other kind words tinues to develop. What I think is most noteworthy per- that have been added into the record, So tonight we honor those who have haps, as the previous speaker indi- have also added to the celebration and been home schooled who have made cated, of the support that home school shown their support and confidence in this country great, and we continue to students and home school educators the revolution that is taking place, the thank those parents who are home and the home school movement enjoy leadership that is taking place in edu- schooling and wish for them to be a not only among home schoolers but cation through home educators, the part of the entire education commu- those who are involved in education in students, and all those who are in- nity, public, private school, and the government-owned schools as well. volved in the movement. home schooling situation. Here is a remarkable statistic about Mr. PAUL. Mr. Speaker, I am pleased to Mr. Speaker, I yield back the balance how much home school families save support H. Res. 578, which celebrates the ac- of my time. government schools. With 1.7 million complishments of parents across the nation Mr. SCHAFFER. Mr. Speaker, I yield students being educated at home and who have chosen to educate their children at myself such time as I may consume. the average per pupil expenditure, ac- home by designating the first week of October Mr. Speaker, I appreciate everyone cording to the U.S. Department of Edu- as ``National Home Schooling Week.'' While who has contributed to the conversa- cation, being almost $7,000 per year, serving in Congress, I have had the oppor- tion tonight and to support of this res- home school families and students save tunity to get to know many of the home- olution. I am especially grateful for the government State, local, and Fed- schooling parents in my district. I am very im- the gentleman from Pennsylvania (Mr. eral, an incredible $11.6 billion a year. pressed by the job these parents are doing in H8188 CONGRESSIONAL RECORD — HOUSE September 26, 2000 providing their children with a quality edu- children's unique needs: those children's par- ‘‘NMAI’’) was established by an Act of Con- cation. I have also found that home schooling ents. Congress should empower all parents, gress in 1989, in Public Law 101–185. parents are among the most committed activ- whether they choose to home school or send (5) The purpose of the NMAI, as established by Congress, is to— ists in the cause of advancing individual lib- their child to a public or private school, with (A) advance the study of Native Ameri- erty, constitutional government, and traditional the means to control their child's education. cans, including the study of language, lit- values. I am sure my colleagues on the Edu- That is why I believe the most important edu- erature, history, art, anthropology, and life; cation Committee would agree that the sup- cation bill introduced in this Congress is the (B) collect, preserve, and exhibit Native port of home schoolers was crucial in defeat- Family Education Freedom Act. American objects of artistic, historical, lit- ing the scheme to implement a national stu- In conclusion, I once again wish to express erary, anthropological, and scientific inter- dent test. my strong support for H. Res. 578 and urge all est; and Home schooling is becoming a popular op- my colleagues to support this resolution and (C) provide for Native American research tion for parents across the country. In Texas and study programs. acknowledge the accomplishments of those (6) The NMAI works in cooperation with alone, there are approximately 75,000 home parents who have avoided the problems asso- Native Americans and oversees a collection schooling families educating an average of ciated with an education controlled by federal that spans more than 10,000 years of Amer- three children per household. Home schooling ``educrats'' by choosing to educate their chil- ican history. is producing some outstanding results. For ex- dren at home. I also urge my colleagues to (7) It is fitting that the NMAI will be lo- ample, according to a 1997 study the average help home schoolers, and all parents, ensure cated in a place of honor near the United home schooled student scores near the 19th their children get a quality education by co- States Capitol, and on the National Mall. percentile on standardized academic achieve- sponsoring the Family Education Freedom (8) Thousands of Americans, including ment tests in reading, mathematics, social many American Indians, came from all over Act. the Nation to witness the ground-breaking studies, and science. Further proof of the suc- b 2230 ceremony for the NMAI on September 28, cess of home schooling is the fact that in re- 1999. cent years, self-identified home schoolers Mr. SCHAFFER. Mr. Speaker, I yield (9) The NMAI is scheduled to open in the have scored well above the national average back the balance of my time. summer of 2002. on both the Scholastic Aptitude Test (SAT) The SPEAKER pro tempore (Mr. (10) The original 5-cent buffalo nickel, as and the American College Test (ACT). All SHIMKUS). The question is on the mo- designed by James Earle Fraser and minted home schooled children, regardless of race, tion offered by the gentleman from from 1913 through 1938, which portrays a pro- income-level, or gender achieve these high Colorado (Mr. SCHAFFER) that the file representation of a Native American on House suspend the rules and agree to the obverse side and a representation of an scores. American buffalo on the reverse side, is a Contrary to media-generated stereotypes the resolution, House Resolution 578. distinctive and appropriate model for a coin portraying home schooled children as isolated The question was taken; and (two- to commemorate the NMAI. from their peers, home schooled children par- thirds having voted in favor thereof) (11) The surcharge proceeds from the sale ticipate in a wide variety of social, athletic, and the rules were suspended and the reso- of a commemorative coin, which would have extra-curricular activities. Home schooling par- lution was agreed to. no net cost to the taxpayers, would raise val- ents have formed numerous organizations de- A motion to reconsider was laid on uable funding for the opening of the NMAI signed to provide their children ample oppor- the table. and help to supplement the endowment and educational outreach funds of the NMAI. tunity to interact with other children. In fact, re- f cent data indicates that almost 50 percent of SEC. 3. COIN SPECIFICATIONS. (a) $1 SILVER COINS.—In commemoration of home schooled children engage in extra-cur- NATIONAL MUSEUM OF THE AMERICAN INDIAN COMMEMORA- the opening of the Museum of the American ricular activities such as group sports and Indian of the Smithsonian Institution, the music classes, while a third of home schooled TIVE COIN ACT OF 2000 Secretary of the Treasury (hereafter in this children perform volunteer work in their com- Mr. LEACH. Mr. Speaker, I move to Act referred to as the ‘‘Secretary’’) shall munities. suspend the rules and pass the bill mint and issue not more than 500,000 $1 Mr. Speaker, to be a home schooling parent (H.R. 4259) to require the Secretary of coins, each of which shall— takes a unique dedication to family and edu- the Treasury to mint coins in com- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and cation. In many cases, home school families memoration of the National Museum of must forgo the second income of one parent, (3) contain 90 percent silver and 10 percent the American Indian of the copper. as well as incurring the costs of paying for Smithsonian Institution, and for other (b) LEGAL TENDER.—The coins minted textbooks, computers, and other school sup- purposes. under this Act shall be legal tender, as pro- plies. Home schooling parents must pay these The Clerk read as follows: vided in section 5103 of title 31, United States expenses while, like All-American families, H.R. 4259 Code. struggling to pay state, local, and federal SEC. 4. SOURCES OF BULLION. Be it enacted by the Senate and House of Rep- The Secretary may obtain silver for mint- taxes. resentatives of the United States of America in In order to help home schoolers, and all ing coins under this Act from any available Congress assembled, source, including stockpiles established parents, devote more of their resources to SECTION 1. SHORT TITLE. their children's education, I have introduced under the Strategic and Critical Materials This Act may be cited as the ‘‘National Stock Piling Act. the Family Education Freedom Act (H.R. 935). Museum of the American Indian Commemo- SEC. 5. DESIGN OF COINS. This bill provides all parents a $3,000 per child rative Coin Act of 2000’’, or the ‘‘American (a) DESIGN REQUIREMENTS.— tax credit for K±12 education expenses. This Buffalo Coin Commemorative Coin Act of (1) IN GENERAL.—The design of the $1 coins bill will help home school parents to provide 2000’’. minted under this Act shall be based on the their children a first-class education in a loving SEC. 2. FINDINGS. original 5-cent buffalo nickel designed by home environment. Congress finds the following: James Earle Fraser and minted from 1913 The Family Education Freedom Act will also (1) The Smithsonian Institution was estab- through 1938. Each coin shall have on the ob- benefit those parents who choose to send lished in 1846, with funds bequeathed to the verse side a profile representation of a Na- their children to public or private schools. Par- United States by James Smithson for the tive American, and on the reverse side, a rep- ‘‘increase and diffusion of knowledge’’. resentation of an American buffalo (also ents who choose to send their children to pri- (2) Once established, the Smithsonian In- known as a bison). vate school may use their tax credit to help stitution became an important part of the (2) DESIGNATION AND INSCRIPTIONS.—On cover the cost of tuition. Parents who choose process of developing the United States na- each coin minted under this Act there shall to send their children to public schools may tional identity, an ongoing role which con- be— use their tax credit to help finance the pur- tinues today. (A) a designation of the value of the coin; chase of educational tools such as computers (3) The Smithsonian Institution, which is (B) an inscription of the year ‘‘2001’’; and or extracurricular activities like music pro- now the world’s largest museum complex, in- (C) inscriptions of the words ‘‘Liberty’’, grams. Parents may also use the credit to pay cluding 16 museums, 4 research centers, and ‘‘In God We Trust’’, ‘‘United States of Amer- the National Zoo, is visited by millions of ica’’, and ‘‘E Pluribus Unum’’. for tutoring and other special services for their Americans and people from all over the (b) SELECTION.—The design for the coins children. world each year. minted under this Act shall be— Mr. Speaker, the best way to improve edu- (4) The National Museum of the American (1) selected by the Secretary, after con- cation is to return control over education re- Indian of the Smithsonian Institution (here- sultation with the Commission of Fine Arts; sources to the people who best know their after referred to in this section as the and September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8189 (2) reviewed by the Citizens Commemora- The SPEAKER pro tempore. Pursu- ican Magnet School in Buffalo, New tive Coin Advisory Committee. ant to the rule, the gentleman from York, ran a can-collecting drive and SEC. 6. ISSUANCE OF COINS. Iowa (Mr. LEACH) and the gentleman sent in several hundred dollars. (a) QUALITY OF COINS.—Coins minted under from New York (Mr. LAFALCE) each The museum already has two loca- this Act shall be issued in uncirculated and will control 20 minutes. tions, the George Gustav Heye Center proof qualities. The Chair recognizes the gentleman in lower Manhattan opened in 1994, ex- (b) MINT FACILITY.— (1) IN GENERAL.—Only 1 facility of the from Iowa (Mr. LEACH). hibiting a number of items from Mr. United States Mint may be used to strike GENERAL LEAVE Heye’s collection and a large cultural any particular quality of the coins minted Mr. LEACH. Mr. Speaker, I ask unan- resources center in Suitland, Mary- under this Act. imous consent that all Members may land, opened 2 years ago. (2) SENSE OF CONGRESS.—It is the sense of have 5 legislative days within which to In the latter, in addition to a library the Congress that the United States Mint fa- revise and extend their remarks and in- and conservation center, the collection cility in Denver, Colorado should strike the clude extraneous material on H.R. 4259. can be stored, studied and used by Na- coins authorized by this Act, unless the Sec- tive American scholars. retary determines that such action would be The SPEAKER pro tempore. Is there technically or cost-prohibitive. objection to the request of the gen- Mr. Speaker, it is anticipated that (c) COMMENCEMENT OF ISSUANCE.—The Sec- tleman from Iowa? this new National Museum of the retary may issue coins minted under this There was no objection. American Indian will draw 5 million to Act beginning on January 1, 2001. Mr. LEACH. Mr. Speaker, I yield my- 7 million visitors a year. The coin au- (d) TERMINATION OF MINTING.—No coins self such time as I may consume. thorized in this legislation will be mag- may be minted under this Act after Decem- Mr. Speaker, the coin authorized by nificent, a silver representation of one ber 31, 2001. this act will commemorate the opening of the most-collected and best-loved SEC. 7. SALE OF COINS. of a museum that is long overdue, the coins in American history. (a) SALE PRICE.—The coins issued under Smithsonian’s new National Museum The design is a replica of the so- this Act shall be sold by the Secretary at a price equal to the sum of— of the American Indian, under con- called buffalo nickel. Collectors tell me (1) the face value of the coins; struction just a few blocks away, be- that the design, depicting on its face (2) the surcharge required by subsection (d) tween the Air and Space Museum and an Indian Head and on its reverse the with respect to such coins; and the Capitol Building. West’s greatest beast, is so treasured (3) the cost of designing and issuing the The museum will hold as remarkable that this commemorative coin is likely coins (including labor, materials, dies, use of a collection of items from this coun- to be extremely popular with the nu- machinery, overhead expenses, marketing, try’s and this hemisphere’s past as ex- mismatic community as well as with and shipping). ists. It will be the last museum the that part of the American public inter- (b) BULK SALES.—The Secretary shall make bulk sales of the coins issued under Smithsonian, the world’s largest mu- ested in American history. this Act at a reasonable discount. seum complex, will build on the Na- Mr. Speaker, the legislation which (c) PREPAID ORDERS.— tional Mall and the third physical in- authorizes the minting of up to 500,000 (1) IN GENERAL.—The Secretary shall ac- stallation of a truly stunning personal 1-dollar silver coins, was introduced by cept prepaid orders for the coins minted collection of Native American artifacts the gentleman from Oklahoma (Mr. under this Act before the issuance of such now donated to the Smithsonian. LUCAS), whose leadership on cultural coins. The five floors of the museum will be issues of this nature is so impressive. (2) DISCOUNT.—Sale prices with respect to the storehouse of a vast collection of In the Senate, similar legislation was prepaid orders under paragraph (1) shall be at a reasonable discount. Native American artifacts, items from introduced by BEN NIGHTHORSE CAMP- (d) SURCHARGES.—All sales of coins minted Canada and Central and South Amer- BELL; and it is important to note that under this Act shall include a surcharge of ica, as well as the United States, many Senator CAMPBELL, among his many $10 per coin. of which were collected by a New York other talents, is a well-known silver- SEC. 8. DISTRIBUTION OF SURCHARGES. tycoon named George Gustav Heye. smith and his fine artistic eye has (a) IN GENERAL.—Subject to section 5134(f) Mr. Heye, in nearly half a century of identified the buffalo nickel designed of title 31, United States Code, the proceeds voracious collecting ending with his as an appropriate one to be struck this from the surcharges received by the Sec- death in 1957, amassed nearly 800,000 in- time in silver in contrast with the bass retary from the sale of coins issued under dividual Native American items and metal of the original coin. this Act shall be paid promptly by the Sec- retary to the National Museum of the Amer- another 86,000 photographic images. Mr. Speaker, the original buffalo ican Indian of the Smithsonian Institution The items span nearly 10,000 years. nickel was struck from 1913 to 1938 and for the purposes of— Mr. Speaker, the museum was estab- is the third of the four designs the (1) commemorating the opening of the Na- lished by an act of Congress in 1989 mint used to make nickels in the his- tional Museum of the American Indian; and with the goal of advancing the study of tory of this country. Impetus for the (2) supplementing the endowment and edu- Native Americans, including language, coin grew out of Theodore Roosevelt’s cational outreach funds of the Museum of literature, history, art, anthropology observations that the country’s coin- the American Indian. and life and of collecting, preserving age had hither to be less than heroic (b) AUDITS.—The National Museum of the American Indian shall be subject to the and exhibiting Native American ob- and not even very good art, and a con- audit requirements of section 5134(f)(2) of jects of artistic, historic, literary, an- versation he had over dinner in 1905 title 31, United States Code, with regard to thropological and scientific interests. with the noted sculptor Augustus the amounts received by the museum under Ground for the museum was broken a Saint-Gaudens. subsection (a). year ago, and the building is scheduled In fact, though Roosevelt had left of- SEC. 9. FINANCIAL ASSURANCES. to open 2 years from now. The $110 mil- fice by the time the design was chosen, (a) NO NET COST TO THE GOVERNMENT.—The lion museum on 4 acres will be faced Treasury Secretary Franklin Secretary shall take such actions as may be with Kasota limestone from Minnesota, MacVeagh, a Roosevelt appointee, pur- necessary to ensure that minting and issuing applied to evoke cliffs, and will include sued the effort vigorously and in 1911 coins under this Act will not result in any chose a former Saint-Gaudens assist- net cost to the United States Government. a large copper dome designed to cap- (b) PAYMENT FOR COINS.—A coin shall not ture the light of the winter and the ant, James Earle Fraser, to design the be issued under this Act unless the Secretary summer solstices. new nickel. Fraser is probably best has received— While the Congress appropriated two- known for his large End of the Trail (1) full payment for the coin; thirds of the costs for the museum and sculpture of Native Americans, but (2) security satisfactory to the Secretary while the museum has received major also sculpted some figures for the to indemnify the United States for full pay- grants to cover construction, Native United States Supreme Court building. ment; or Americans are also contributing to its Until that point, Native Americans (3) a guarantee of full payment satisfac- portrayed on U.S. coinage had pri- tory to the Secretary from a depository in- financing. stitution, the deposits of which are insured Gannett News reported in March that marily been engraved from Caucasian by the Federal Deposit Insurance Corpora- a Native American woman who ran a models wearing headdresses but letters tion or the National Credit Union Adminis- fried bread stand sent a few dollars, Fraser wrote in 1931 indicated he used tration Board. and 400 students at the Native Amer- Native Americans as models. H8190 CONGRESSIONAL RECORD — HOUSE September 26, 2000 The model for the bison, or buffalo, is ders of the world. It is called Niagara Certainly, from my perspective, what the notorious black diamond, a some- Falls. It attracts more tourists than the gentleman is describing is a very what cantankerous inhabitant of a New any national park in the entire United common sense, thoughtful initiative. York City zoo, whose coat was unusu- States, about twice as many as any Mr. LAFALCE. Mr. Speaker, I thank ally dark, even for a buffalo, and who other national park. the gentleman from Iowa (Mr. LEACH), weighed more than 1,500 pounds in his We also have a huge, wonderful build- chairman of the Committee on Bank- prime. ing that looks like a turtle, because it ing and Financial Services, for that Roughly 1.2 billion buffalo nickels was built to be a turtle, exclusively clear-cut articulation of legislative in- were struck at three United States with Federal dollars. Way back in the tent. Mints during the life of the coin, a re- 1970s, $5 million was appropriated to Mr. Speaker, I yield back the balance flection of the size of the country and the Tuscarora to build a building called of my time. the economy at that point. By com- the Turtle to house Indian artifacts, to Mr. LEACH. Mr. Speaker, I yield parison, more than 1.2 billion copies house all of those things pertaining to such time as he may consume to the are struck of each State coin in the 50 the history of Indians. gentleman from Oklahoma (Mr. State Quarter program enacted by Con- Now, why am I bringing this out? LUCAS), the principal sponsor of this gress last year. Well, that building happens to be aban- piece of legislation, someone who has Mr. Speaker, there will be no net doned right now and ownership has re- worked harder on it than anyone in the costs to the taxpayer from this legisla- verted, but this bill is important, not Congress and to whom I, as chairman tion. All production and design costs only because it would provide monies of the Committee on Banking and Fi- will be covered before any surcharges for the National Museum of the Amer- nancial Services, must say I am excep- are paid out. Surcharges from the ican Indian, in Washington, DC., where tionally grateful. coin’s sale will then go to supplement we get so many visitors per year, but Mr. LUCAS of Oklahoma. Mr. Speak- the museum’s endowment and edu- also on page 7, this is why I was pleased er, I thank the gentleman from Iowa cational outreach programs. to be a cosponsor of it, the money shall (Mr. LEACH) for yielding me this time. Mr. Speaker, I urge support of this be used not simply to commemorate Mr. Speaker, I rise in strong support bill. the opening of the National Museum of of H.R. 4259, the National Museum of Mr. Speaker, I reserve the balance of the American Indian, but also to sup- the American Indian Commemorative my time. plement the endowment on educational Coin Act of 2000, partly because I intro- Mr. LAFALCE. Mr. Speaker, I yield outreach funds of the Museum of the duced the bill earlier this year and myself such time as I may consume. American Indian under the auspices of partly because, as my colleagues have (Mr. LAFALCE asked and was given the SMITHsonian. just alluded to, it is a good piece of leg- permission to revise and extend his re- Mr. Speaker, we have close to 300 islation. marks.) million people in the United States I want to begin by thanking my col- Mr. LAFALCE. Mr. Speaker, I rise in right now and not all of them can come leagues on both sides of the aisle, near- support of H.R. 4259, the National Mu- to Washington, DC; they live through- ly 300 in total, who enabled H.R. 4259 to seum of the American Indian Com- out the entire United States of Amer- move forward by becoming cosponsors. memorative Coin Act of 2000 or, alter- ica. I believe we get more tourists com- b natively, according to the bill, the 2245 ing to Niagara Falls, New York, than American Buffalo Coin Commemora- I appreciate all of the help that they most any place I am aware of, more tive Coin Act of 2000. have provided by signing on to this im- Mr. Speaker, I have a rather lengthy than any other national park. How portant piece of legislation. Without statement that I will just put in the wonderful it would be if part of the their help, this would not be here outreach efforts of the Museum of the RECORD, because the gentleman from today. We would not be here today de- American Indian, how wonderful it Iowa (Mr. LEACH), our distinguished bating this bill. chairman, has just given an out- would be if an affiliate of the Smithso- Mr. Speaker, the museum of the standing presentation of the history of nian could be at the Turtle within Ni- American Indian, of the Smithsonian the bill and the history of some of the agara Falls, New York, part of the Buf- Institute was established by an Act of efforts to develop the National Museum falo-Niagara Falls region so that the Congress in 1989 to serve as a perma- of the American Indian. American Buffalo coin bill could be nent repository of Native American I would just point out a number of used to reach out to Americans, to help culture. With our 39 recognized tribes, things. First of all, I am proud to be enhance their knowledge of the history my home State of Oklahoma has a here as a Representative of the 29th of the Indian in the United States of strong and rich heritage in our coun- District of New York, but that also in- America where tourists come. That is try’s Native American history and cul- cludes the city of Buffalo, New York, where we should have our facilities ture. In fact, the name ‘‘Oklahoma’’ and Niagara Falls, New York. And also. means ‘‘Land of the Red People’’ in the these people could argue about how We get more tourists in Niagara Choctaw language. Buffalo got its name, but a good many Falls than anyplace else. My State has many wonderful and re- individuals think it is because of the Mr. Speaker, I yield such time as he spected facilities that are dedicated to tremendous number of buffalo that ex- may consume to the gentleman from preserving our country’s Native Amer- isted. And we refer in the bill, too, to Iowa (Mr. LEACH). ican culture. We appreciate that a mu- buffalo, the American buffalo also Mr. LEACH. Mr. Speaker, let me say seum is being built in our Nation’s cap- known as bisons, and that is right on to the gentleman from New York (Mr. ital that will supplement all of the dili- page 5 of the bill. And it makes me LAFALCE) that pork sometimes gives gent efforts of those in Oklahoma. think of my baseball team, the Buffalo this Congress a bad name, but turtles As a part of the highly respected Bisons. never. But on a more serious note, this Smithsonian Institute, which is now Why am I going into this local his- coin does have implications for out- one of the world’s largest museum tory? Well, I will make the connection reach education. More profoundly, the complexes, the National Museum of the pretty soon. I also represent Niagara duty of the Smithsonian is to reach out American Indian will collect, preserve, Falls, New York. Now, Niagara Falls, to all sectors of America, and this won- and exhibit Native American objects of New York’s ownership is in dispute; a drous collection of artifacts is so large artistic, historical, cultural, literary lot of the people who live there right that it would be very thoughtful if and scientific interest. It will provide now think they own the land, but some some of it could be shared in more dis- for the Native American research and of the people who used to live there, tant parts of the country. study programs. i.e., Indians, think they own that land, I think that the gentleman has point- Mr. Speaker, I introduced H.R. 4259 and it is in litigation right now. ed out one very appropriate place that in an effort to commemorate the open- It is in Federal court; it is an Indian hopefully some of this could be shared, ing of this historic museum. It calls for land claim. We also have within the both in terms of education, as well as the minting in the year 2001 of a spe- city of Niagara Falls one of the won- in broader cultural ways as well. cial silver dollar coin, which collectors September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8191 would probably refer to as a standard UNITED STATES MINT NUMIS- obvious that this makes no sense at all silver dollar, modeled after the old buf- MATIC COIN CLARIFICATION ACT to make a silver version of a coin that falo nickel which was designed by OF 2000 is gold in color. But language left over James Earle Fraser and minted from Mr. LUCAS of Oklahoma. Mr. Speak- from the time when the silver-colored 1913 through 1938. er, I move to suspend the rules and Susan B. Anthony dollar coins were The proceeds of the sale of this coin pass the bill (H.R. 5273) to clarify the made would require the all-silver proof version. will go towards funding the opening of intention of the Congress with regard Not having this clarification has held the museum and will supplement the to the authority of the United States museums endowment and educational up the mint’s production of proof sets Mint to produce numismatic coins, and for collectors, and it is illegal to outreach funds. Because the mint will for other purposes. produce coins in a year other than in be reimbursed the cost of minting the The Clerk read as follows: which they are issued. Failure to pass coin before the funds are given to the H.R. 5273 this bill would result either in a non- museum, this bill will have no net cost Be it enacted by the Senate and House of sensical proof set or no proof set for to the American taxpayer. Representatives of the United States of America collectors at all this year. Mr. Speaker, I am pleased that H.R. in Congress assembled, Also contained in the bill is a clari- 4259 has reached the floor today. Again, SECTION 1. SHORT TITLE. fying section inserting the word ‘‘plat- I would like to thank my colleagues This Act may be cited as the ‘‘United inum’’ inadvertently dropped when that have already shown their support States Mint Numismatic Coin Clarification Congress authorized production of plat- for H.R. 4259, and I urge the remainder Act of 2000’’. inum and platinum bullion coins a few of my colleagues to support this bill as SEC. 2. CLARIFICATION OF MINT’S AUTHORITY. years ago and a section calling for in- well. (a) SILVER PROOF COINS.—Section creased reporting requirements for the 5132(a)(2)(B)(i) of title 31, United States Code, Mr. LEACH. Mr. Speaker, I yield my- mint’s cost of producing, distributing, is amended by striking ‘‘paragraphs (1)’’ and and marketing circulating coins. self such time as I may consume. inserting ‘‘paragraphs (2)’’. This is a small bill, but important to Mr. Speaker, I would simply like to (b) PLATINUM COINS.—Section 5112(k) of the mint and important to coin collec- thank, again, the gentleman from title 31, United States Code, is amended by tors. It has no cost implications what- Oklahoma (Mr. LUCAS) for his leader- striking ‘‘bullion’’ and inserting ‘‘platinum soever. I urge its immediate passage. ship on this issue. bullion coins’’. SEC. 3. ADDITIONAL REPORT REQUIREMENT. Mr. Speaker, I reserve the balance of Mr. LaFALCE. Mr. Speaker, will the Section 5134(e)(2) of title 31, United States my time. gentleman yield for a question, please? Code, is amended— Mr. LAFALCE. Mr. Speaker, I yield Mr. LEACH. Yes, of course I yield to (1) in the matter preceding subparagraph myself such time as I may consume. the gentleman from New York. (A), by striking ‘‘reflect’’ and inserting ‘‘con- (Mr. LAFALCE asked and was given tain’’; permission to revise and extend his re- Mr. LAFALCE. Mr. Speaker, the gen- (2) by striking ‘‘and’’ at the end of subpara- marks.) tleman from Iowa (Mr. LEACH) made graph (C); Mr. LAFALCE. Mr. Speaker, I rise in reference, I believe, to President Theo- (3) by striking the period at the end of sub- support of the bill. dore Roosevelt, correct? paragraph (D) and inserting ‘‘; and’’; and Mr. Speaker, I rise in support of the United Mr. LEACH. Mr. Speaker, I certainly (4) by adding at the end the following new States Mint Numismatic Coin Clarification Act did. subparagraph: of 2000. The Act operates to introduce a ‘‘(E) a supplemental schedule detailing— Mr. LAFALCE. Mr. Speaker, I think ‘‘(i) the costs and expenses for the produc- ``technical correction'' into the language of the the gentleman from Iowa said he was tion, for the marketing, and for the distribu- Dollar Coin Act of 1997. The Act that we con- the one who thought that the design of tion of each denomination of circulating sider today, will permit us to achieve the pur- the buffalo should be on that the nick- coins produced by the Mint during the fiscal poses of the Dollar Coin Act by removing the el; is that correct? year and the per-unit cost of producing, of requirement that newly minted dollar coins be Mr. LEACH. He is the one who in- marketing, and of distributing each denomi- composed of 90% silver and 10% copper. In- nation of such coins; and spired the design, yes, Mr. Speaker. stead, the silver/copper content requirement ‘‘(ii) the gross revenue derived from the will apply only to half-dollar, quarter-dollar and Mr. LAFALCE. Mr. Speaker, I point sales of each such denomination of coins.’’. dime coins. A dollar coin, minted in gold color- out to the gentleman from Iowa that The SPEAKER pro tempore. Pursu- ing with manganese-brass content will be in- President Theodore Roosevelt was ant to the rule, the gentleman from cluded with the proof sets. sworn into office as President of the Oklahoma (Mr. LUCAS) and the gen- The Act also grants the Secretary of the United States in Buffalo, New York. tleman from New York (Mr. LAFALCE) Treasury the discretionary authority that he or Mr. LEACH. That is newsworthy and each will control 20 minutes. she may exercise from time to time to mint an anecdote I did not know. The Chair recognizes the gentleman and issue platinum bullion coins. If the gentleman from New York from Oklahoma (Mr. LUCAS). In addition, Mr. Speaker, the United States could help me, what political party was GENERAL LEAVE Mint Numismatic Coin Clarification Act of Mr. Roosevelt associated with? Mr. LUCAS of Oklahoma. Mr. Speak- 2000, instructs the Secretary of the Treasury to provide periodic reports to Congress that Mr. LAFALCE. The progressive party er, I ask unanimous consent that all will set forth the general and per-unit costs of as I recall, Mr. Speaker. Members may have 5 legislative days production, marketing, and distribution of each Mr. LEACH. Yes, of course. We are within which to revise and extend their remarks and to include extraneous ma- denomination of circulating coins. certainly in line that the President was I would add for the record that the maximum terial on H.R. 5273. a great American. mintage of 1 million (1,000,000) silver proof The SPEAKER pro tempore. Is there Mr. SCHAFFER. Mr. Speaker, I have sets contemplated by the Act is eagerly antici- objection to the request of the gen- no further requests for time, and I pated by the numismatic community and will tleman from Oklahoma? yield back the balance of my time. be produced at the U.S. Mint in San Fran- There was no objection. cisco. The SPEAKER pro tempore (Mr. Mr. LUCAS of Oklahoma. Mr. Speak- SHIMKUS). The question is on the mo- Due to the need for the correction in the er, I yield myself such time as I may legislative language that would be enacted by tion offered by the gentleman from consume. Iowa (Mr. LEACH) that the House sus- passage of the United States Mint Numismatic Mr. Speaker, the bill before the Coin Clarification Act of 2000, I urge my col- pend the rules and pass the bill, H.R. House today, introduced by and at the 4259. leagues to support this measure as well. request of the Treasury Department, is Mr. BACHUS. Mr. Speaker, the bill before The question was taken; and (two- a simple technical corrections bill and the House today, introduced by request of the thirds having voted in favor thereof) does just three things. Most impor- Treasury Department, is a simple technical the rules were suspended and the bill tantly, the mint has sought language corrections bill, and does just three things. was passed. that would excuse it from the law that Most importantly, the Mint has sought lan- A motion to reconsider was laid on requires it to make a silver proof guage that would excuse it from law that re- the table. version of the new golden $1 coin. It is quires it to make a silver ``proof'' version of the H8192 CONGRESSIONAL RECORD — HOUSE September 26, 2000 new golden one-dollar coin. It's obvious that it tleman from American Samoa (Mr. uary 6, 1999, the gentleman from Flor- makes no sense at all to make a silver version FALEOMAVAEGA) is recognized for 5 ida (Mr. MICA) is recognized for half the of a coin that is golden in color, but language minutes. time until midnight as the designee of left over from the time when silver-colored (Mr. FALEOMAVAEGA addressed the the majority leader. Susan B. Anthony dollar coins were being House. His remarks will appear here- Mr. MICA. Mr. Speaker, I am pleased made would require the all-silver ``proof'' after in the Extensions of Remarks.) to come before the House of Represent- version. Not having this clarification has held f atives on another Tuesday night to up the Mint's production of ``proof'' sets for The SPEAKER pro tempore. Under a talk about one of the most serious collectors, and as it is illegal to produce coins previous order of the House, the gen- problems facing our Nation and the in a year other than the one in which they are tleman from South Dakota (Mr. American people and the United States Congress; and that is the problem of il- issued, failure to pass this bill would either re- THUNE) is recognized for 5 minutes. sult in a nonsensical ``proof'' set or no ``proof'' (Mr. THUNE addressed the House. His legal narcotics and drug abuse. I have taken probably more than 40 set for collectors at all this year. remarks will appear hereafter in the occasions, usually on a Tuesday, or at Also contained in the bill is a clarifying sec- Extensions of Remarks.) least once a week in the past year and tion inserting the work ``platinum,'' inadvert- f ently dropped when Congress authorized the a half plus to come before the House The SPEAKER pro tempore. Under a production of platinum and platinum bullion and talk about what I consider the previous order of the House, the gen- coins a few years ago, and a section calling most important social problem is fac- tleman from Maryland (Mr. CUMMINGS) for some increased reporting requirements on ing our Nation. There is nothing bar an is recognized for 5 minutes. the Mint's costs of producing, distributing and attack from a foreign enemy that could (Mr. CUMMINGS addressed the marketing circulating coins. do more destruction or impose more House. His remarks will appear here- This is a small bill, but important to the Mint tragedy upon this Nation than that after in the Extensions of Remarks.) and important to coin collectors. it has no cost problem of illegal narcotics. implications whatsoever. I urge its immediate f I took the responsibility of chairing passage. The SPEAKER pro tempore. Under a the Subcommittee on Criminal Justice, Mr. LAFALCE. Mr. Speaker, I yield previous order of the House, the gen- Drug Policy, and Human Resources of back the balance of my time. tleman from Minnesota (Mr. GUT- the House of Representatives under the Mr. LUCAS of Oklahoma. Mr. Speak- KNECHT) is recognized for 5 minutes. Committee on Government Reform and er, I have no further requests for time, (Mr. GUTKNECHT addressed the Oversight some 18 months ago; and I and I yield back the balance of my House. His remarks will appear here- took that responsibility very seriously. time. after in the Extensions of Remarks.) I wish I could come before my col- The SPEAKER pro tempore. The f leagues tonight and say that we have solved this problem. I cannot as a par- question is on the motion offered by The SPEAKER pro tempore. Under a ent tell my colleagues that we have the gentleman from Oklahoma (Mr. previous order of the House, the gen- solved this problem. I cannot as a LUCAS) that the House suspend the tleman from Ohio (Mr. STRICKLAND) is rules and pass the bill, H.R. 5273. Member of Congress tell my colleagues recognized for 5 minutes. that we have solved this problem. I The question was taken; and (two- (Mr. STRICKLAND addressed the thirds having voted in favor thereof) cannot tell my colleagues as the chair House. His remarks will appear here- of this subcommittee that we have the rules were suspended and the bill after in the Extensions of Remarks.) was passed. solved this problem. In fact, sometimes A motion to reconsider was laid on f I think we make a step forward, and I the table. The SPEAKER pro tempore. Under a think that we take a couple steps back- f previous order of the House, the gen- wards. tleman from Maryland (Mr. EHRLICH) is The news, unfortunately, has been SPECIAL ORDERS recognized for 5 minutes. even more grim recently, and part of The SPEAKER pro tempore. Under (Mr. EHRLICH addressed the House. this, I think, is a lack of national lead- the Speaker’s announced policy of Jan- His remarks will appear hereafter in ership and national focus. Let us face uary 6, 1999, and under a previous order the Extensions of Remarks.) it, the Clinton-Gore administration has of the House, the following Members f not been interested in addressing the will be recognized for 5 minutes each. The SPEAKER pro tempore. Under a problem of illegal narcotics. It has not f previous order of the House, the gen- been one of their primary concerns. The SPEAKER pro tempore. Under a tleman from Washington (Mr. INSLEE) In fact, the President of the United previous order of the House, the gen- is recognized for 5 minutes. States, our leader, our Chief Executive tleman from Washington (Mr. (Mr. INSLEE addressed the House. only mentioned up until the passage of NETHERCUTT) is recognized for 5 min- His remarks will appear hereafter in several months ago of the Colombia utes. the Extensions of Remarks.) package, the war on drugs some eight (Mr. NETHERCUTT addressed the f times in 7 years. So it has not been in the vocabulary or part of the agenda of House. His remarks will appear here- The SPEAKER pro tempore. Under a after in the Extensions of Remarks.) this administration. previous order of the House, the gen- I do not mean that as a partisan f tleman from Florida (Mr. FOLEY) is statement. It is a matter of fact. This The SPEAKER pro tempore. Under a recognized for 5 minutes. administration came in with a dif- previous order of the House, the gen- (Mr. FOLEY addressed the House. His ferent agenda, with a different ap- tleman from Ohio (Mr. BROWN) is rec- remarks will appear hereafter in the proach. Now, some 7 plus years later, ognized for 5 minutes. Extensions of Remarks.) we see the results. This President has (Mr. BROWN of Ohio addressed the f been looking for a legacy and this Vice House. His remarks will appear here- The SPEAKER pro tempore. Under a President, his companion, have a leg- after in the Extensions of Remarks.) previous order of the House, the gentle- acy. That legacy is not printed by the f woman from Hawaii (Mrs. MINK) is rec- media. The media will not print this The SPEAKER pro tempore. Under a ognized for 5 minutes. story. But every family in America previous order of the House, the gen- (Mrs. MINK of Hawaii addressed the knows about this story. tleman from Washington (Mr. House. Her remarks will appear here- There is almost not a family in this METCALF) is recognized for 5 minutes. after in the Extensions of Remarks.) Nation today untouched by the ravages (Mr. METCALF addressed the House. f of illegal narcotics. Just ask one’s son, His remarks will appear hereafter in one’s daughter, just ask a young child, the Extensions of Remarks.) ILLEGAL NARCOTICS AND DRUG and they will tell one about drugs in f ABUSE their school, drugs on their street, The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under drugs in the community. Just pick up previous order of the House, the gen- the Speaker’s announced policy of Jan- any newspaper. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8193 We have conducted dozens of hear- added this up, we would have an abso- Now, of course a lot of people snicker ings throughout the United States, lutely astounding figure. And this does about marijuana use. And the mari- field hearings and here in Washington; not mention another up to 52,000, ac- juana that we have on our streets is and countless law enforcement officials cording to the head of our Office of Na- not the marijuana of the 1960s and came in and told us that more than tional Drug Control Policy. And our 1970s. This stuff has high TCL, THL half the crimes, in my area 60, 70 per- drug czar, Barry McCaffrey, has testi- contents, and it does a great deal of cent of the crimes in my area, are re- fied before us that in fact there are damage that is done to the brain, that lated to illegal narcotics. some 52,000. If we took all of the deaths is done to the body, and we know that. I held up some 2 years ago in 1998 this that are related, the deaths they do not This is not the same drug that used to headline from Central Florida. And I want to talk about, the deaths where be on the streets. come from one of the most beautiful they parade all the horribles about So here we have a series of drug pol- areas of our Nation, a Nation that is weapons, for example, the biggest icy setters who in the White House, we very vast, a Nation that has a lot of di- threat as far as weapons in our Nation have a change in policy, dismantling versity. I come from a district that is to our young people in fact are illegal what had formerly been a successful truly one of the blessed in the Nation narcotics. war on drugs. And do not tell me that Take the 6-year-old killing a 6-year- with high employment, one of the high- the war on drugs cannot be a success. old. That child came from a drug-in- est educated populations, highest per In fact, we can look at the success of fested environment. We had another capita income, all the things that any the Bush-Reagan era, from 1985 to 1992, single digit 6- or 7-year-old who went in Member of this Congress would like. where drug use in this country was re- with a gun, and everyone was appalled This was the headline 2 years ago in duced by some 50 percent. This is what by the story that he had his class- my district: ‘‘Drug deaths top homi- took place with the policy of ‘‘just say mates, and I think the teacher, on the cides.’’ Drug deaths exceeded homi- maybe,’’ or ‘‘If I had it to do over again floor. This individual that did that, cides in my district some 2 years ago. I would inhale.’’ I was appalled by this. That was one of when he was interviewed later, said he wanted to be with his mother, and his I am a parent. How do we tell our the reasons why I took on the assign- children not to use marijuana or some ment to chair the subcommittee that mother was in jail on a drug charge. Our Nation, our families have been illegal drug when the highest elected deals with our national drug policy. devastated by illegal narcotics. And for official of the United States has said to I wished I could tell my colleagues the first time in the history of our our children, ‘‘If I had it to do over that this headline was limited to Cen- country, in the history of statistic again, I’d inhale.’’ These kids are not tral Florida; but, Mr. Speaker, this gathering, we have drug-induced deaths dummies. And this is exactly what the headline has now spread across the Na- exceeding murder in the United States. kids did, they inhaled. And now we tion. And here is the chart that we can see have up here some 47 percent of the Last week I made an announcement, from the beginning of this administra- students that have used marijuana. and the press did not pay any attention tion, the Clinton-Gore administration. And this statistic has been repeated to it because they do not like to cover And this is, fortunately, the legacy over and over. And not just with young this story. They do not want to print that will be printed in the statistical people. Some 78 million Americans anything that would reflect in any way books. have used an illicit drug some time in badly on this administration. People will look at the Clinton-Gore their lifetime. This is according to the b 2300 administration; and, of course, they Department of Health and Human But this is the legacy of the Clinton- will remember the scandals. And my Services. Gore administration when it comes to goodness, we could spend the rest of This is, again, a statistic that should the biggest social problem, the biggest the night talking about the scandals of make us be concerned, because we have problem that is imposing death, de- this administration, but this is the somewhere in the neighborhood of 35 to struction, tragedy, sadness beyond be- scandal of death and destruction. And 40 percent of our population already this is repeated year after year, from lief to American families, and that is using drugs. We have a chief executive 11,000 to 13,000, to 14,000, to 15,000 and the problem of substance abuse and who employs people who use drugs in a topping off at just about 17,000 drug-in- drug abuse. policy position. We have a surgeon gen- duced deaths. For the first time in the history of eral who, as part of the Clinton-Gore And how did we get that way? Well, legacy, said ‘‘just say maybe.’’ These our Nation, drug-induced deaths the first thing is we do not have that as reached 16,926. And that is significant are the results. part of our agenda. The first thing the Now, some might snicker about mari- because in 1998, the last figure that we administration did was to employ in have for drug-induced deaths, murders juana. Again, we have a much more the White House people that could not deadly drug on the streets now. We were below that figure. even pass a drug test. I remember sit- I will never forget what a parent who cannot snicker about the death and de- ting in hearings, having the Secret struction. This is the headline from a told me about this headline when we Service people testify before our inves- held a hearing in Orlando several years recent newspaper, August 16, from the tigative hearings, that they could not Washington Times: ‘‘The Threat of Ec- ago. After the hearing, and seeing this institute proper checks of security of stasy Reaching Cocaine and Heroin headline, a parent said, when I said people who were going in the White Proportions.’’ drug deaths top homicides, I read that, House at high positions because so he came up to me afterwards and he many of them had failed drug tests. Some of the news that the drug czar said, ‘‘Mr. Mica, my son died from a So when we have drug users setting recently gave to the country, along drug overdose, and drug deaths are drug policy, then we end up with a re- with Secretary of HHS, they took a homicides.’’ sult like this that the press does not small area of eighth grade use of mari- In fact, what is absolutely appalling, want to talk about, the media does not juana and actually found some slight and the media will not talk about it, is want to talk about, and certainly those decline in eighth grade use of mari- the murders that we see here, some on the other side of the aisle do not juana. With this they held a news con- 16,914. Well, they are actually decreas- want to talk about. Who would defend ference and said, ‘‘We are doing a great ing, and there are reasons for that: zero a record of death and destruction like job; we are doing an incredible job.’’ tolerance enforcement. Rudy Giuliani’s this? What they did not tell us is that these program alone in New York has re- Then the administration hires as the kids are shifting now from marijuana, duced the number of deaths by murder chief health officer of the United which maybe can be snickered at, to in his area from some 2,600, or 1,400 less States of America, who? Joycelyn El- Ecstasy, which basically destroys the deaths per year on average. And that is ders. The most infamous health officer. brain. It induces a Parkinson’s-like ef- with Rudy Giuliani as mayor with a Our surgeon general who just said to fect. It causes death and destruction. zero tolerance. our kids, ‘‘Just say maybe.’’ Just say- We are seeing death by Ecstasy, But these deaths here, these murders, ing to our kids ‘‘just say maybe’’ has death by cocaine, and death by heroin half of these are drug related. And if we results. in incredible numbers; numbers that H8194 CONGRESSIONAL RECORD — HOUSE September 26, 2000 we have never seen in the history of re- antinarcotic equipment getting to Co- The deaths again have risen to a record cording any of this from all of our sta- lombia, in fact blocking it through level as a result of these polls. tistical gatherers. In fact, drug use in policies of the United States. This is the other chart that I contin- the United States among our youth has This is cocaine production. Heroin ually bring out. And when I hear people skyrocketed. In addition to marijuana, production. There was almost no her- say the war on drugs was a failure, yes, which the study that I reported said in- oin. The only poppies you could see this is a failure in a reduction of long- creased from some 14 percent of the were grown for floral bouquets before term trends in lifetime prevalence of students who were surveyed that said the Clinton-Gore policy. Zero. drug use. This is a failure. This is the that they currently use marijuana in This is absolutely astounding that 50 percent reduction under the Reagan 1991, before this administration came this administration, Clinton-Gore, and Bush administration. This was a into office, that number steadily rose could turn Colombia into the world war on drugs, a president like Presi- to 26.7 percent in 1999, almost doubling. supplier of heroin and poppy in 8 short dent Bush, who found a central Amer- Again, a startling statistic. years. And that is why this Congress ican president, a leader dealing in had to pass a $1.3 billion spending bill b 2310 drugs, his name was Noriega in 1989. to pull their cookies out of the gutter, And what did President Bush do? He I want to go tonight beyond mari- so to speak, to bring this situation did not wimp out. He sent our troops in juana. I want to go to the inner-agency under control. and they captured Noriega and they domestic heroin threat that was pre- And this production of heroin and co- tried him and he sits in prison because sented to me as chair of this sub- caine not only disrupted Colombia, he was a drug dealer dealing in death committee. This was produced by the which has had thousands of police, and destruction that was coming into National Drug Intelligence Center ear- thousands of legislators, jurists, citi- our shores. lier this year. What it talked about is zens slaughtered there, but it has This is the Clinton close-down-the- what is happening in the drug scene as helped finance that slaughter through war-on-drugs success. You see this dra- they shift away from some of the soft both the right wing militias and the matic increase in every type of drugs, drugs to the hard drugs. left wing FARC organizations who fi- heroin, drugs that were not even on the The Drug Abuse Warning Network, nances their activities and their war chart, ecstasy, cocaine, methamphet- also known as DAWN, received reports and their destruction and their total amines. of 20,140 drug-induced deaths in the devastation of now a region. And this is not something that I United States where heroin or related It spilled over into the region which make up. This chart was presented by opiates were detected from 1994 to 1998. suddenly the President goes down for 6 one of the administration’s agencies. During the same time span, heroin or 7 hours and takes credit for solving We look at crack and we look at meth- overdose deaths increased some 25.7 the problem. He and his policies and amphetamine State by State, 1992 pre- percent. the Clinton-Gore policies created this sented by one of the administration of- Again a part of the Clinton-Gore leg- situation. And I learned in one hearing fices and agencies. In 1992, almost no acy. You close down on the war on they diverted assets passed by this crack, very little. You see in a couple drugs, you cut the source country pro- Congress to stop illegal narcotics traf- of areas. In 1993, the adoption of the grams where you can cost effectively ficking production at their source. Clinton-Gore policy of just say maybe stop the production of illegal narcotics They diverted to Haiti I think some $40 to illegal narcotics. Look at the at their source. million was some of the testimony in growth here of methamphetamines, of You want to see an astounding fig- their failed Haitian nation building at- crack. ure? Talk about cocaine production. tempt, pouring money down a rat hole In 1994, their policy really kicks in. Where does cocaine and where does her- while illegal narcotics are being pro- They had closed down the war on oin come from? Tonight I am going to duced in this area. drugs. They slashed the interdiction talk quite a bit about heroin. And do not tell me that we cannot programs. They took the Coast Guard In 1992, at the beginning of the Clin- stop drugs at their source, because we out. They stopped information sharing. ton-Gore administration, there was al- can stop drugs at their source. This is what you get from that policy. most zero cocaine, zero heroin pro- Here is the record of our spending Look at 1995. Look at 1996, 1997, 1998, duced in Colombia. In 7 years, this ad- programs, and we track this. I remem- 1999, the whole country. You can go ministration, through some policy de- ber going down with former chair of anywhere in the United States of cisions that are as inept as anything the subcommittee. The gentleman America, you can go to the West Coast that has ever been adopted by any ad- from Illinois (Mr. HASTERT), who is in California where we held hearings ministration, created a production fa- now Speaker of the House, was chair of and people are dying by the thousands. cility of heroin and cocaine, coca and this subcommittee with this responsi- There they are abandoning their chil- poppy, in Colombia. bility. He and Mr. Zeliff and myself dren on methamphetamines, again a This is the cocaine production of Co- helped start the programs in Peru and great legacy of this administration. lombia. In 1993, almost nothing pro- Bolivia. Just say maybe. duced, almost no cocaine produced. If we look at coca cultivation in Peru I heard Ralph Nader the other night. This is in metric tons, 65 metric tons. and Bolivia, this chart here is Bolivia. This guy is really out to lunch. Under President Bush and under Presi- Look at this, in 1995 a policy that we b dent Reagan, they cut drug use by adopted, we got a few million dollars 2320 some 50 percent from 1985 to 1992. They down there in alternative crop pro- He is trying to tell the American peo- started an Andean strategy which grams, in crop eradication of illegal ple that this is just a health problem, stopped drugs at their source. It was narcotics crops. that this can be treated. Ladies and cost effective. They engaged the mili- Here is Peru. And look at what has gentlemen of the House, that is bull, tary in surveillance, not in military ac- happened here. This is Colombia. This because they tried just treating people, tions against the drug traffickers but is the administration’s policy of stop- they tried a liberal policy. This is the in sharing information which the Clin- ping sharing information, stopping re- result of a liberal policy. ton administration as one of their first sources getting to Colombia. That is This is Baltimore, a great legacy. It steps closed down. why we have had to spend billions of probably should rank up there with the This is what turned Colombia from a dollars now over a billion dollars to Clinton-Gore administration. This is a cocaine transit country where coca was bring Colombia under control. But this policy of a mayor who came in for 2 coming from Peru and Bolivia into a shows you that you can stop the pro- terms. Schmoke was his name. He is cocaine production. Look at this pro- duction of illegal narcotics in those out. Thank God that he is not in office. duction, and it is off the charts. It is source countries and you can do it very He left a legacy of death and destruc- swarming across the United States. It cost effectively. tion in Baltimore, a great historic city, is in Europe like it has never been. And Unfortunately again, with the Clin- wonderful people who live in Balti- it is through policies by not providing ton-Gore administration, the news is more. They managed to have the popu- information sharing, by stopping bad. They do not want to talk about it. lation decline from nearly 1 million, it September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8195 is probably below the chart we see number, look at the seven major felony lenges facing this Nation. Some serious here. These are the figures that were categories. If you feel like you are mistakes have been made. We have re- given to me by DEA on the deaths in trapped in your home, fellow Ameri- peatedly asked the administration not Baltimore, where they said, ‘‘Just say cans and my colleagues, behind bars to take the course they have taken re- maybe. Come and get your needles. because of crime, just look at a zero lating to the national drug policy. We Don’t enforce the drug laws. Don’t co- tolerance policy, from 429,000 in seven have seen a failure that has resulted in operate with the high intensity drug major felonies, they were murder, rob- death and destruction across our Na- traffic areas. Do drugs, it won’t hurt bery, rape, first-degree felonious as- tion. We are going to have to pick this you. This is a health problem. We’ll sault, burglary, grand larceny, grand up, whoever the next leader of our treat our way out of this.’’ larceny auto, look at the reduction, country is, whoever the next leaders in Look at the murders, steady every from 429,000 to 212. Congress are. But certainly we should year in the 300 range. You have to re- They will tell you that Rudy Giuliani learn by these mistakes. member, New York City with 20 times was brutal, that there were acts by the These are not fudged figures. In fact the population only had double the police department that were harsh and almost all of these charts and informa- deaths under Rudy Giuliani who that they went after minorities and tion have been given to me by the ad- brought the deaths down from 2,000 to Rudy Giuliani was a bad guy. That is ministration. the mid 600 range with his policy of also bull. That ranks in the Ralph b 2330 zero tolerance. With this policy of Just Nader category. This is a liberal twist- Say Maybe, Do It, death and destruc- ing of the facts, in fact. Let me just But unless we address this in a seri- tion. cite what our subcommittee found. The ous fashion, unless we learn by these Do you have any idea of how many New York City police department at mistakes, unless we try to bring the people are now addicts in Baltimore? the same time as this zero tolerance most serious social problem our Nation We held a hearing in Baltimore. One of policy was instituted was one of the has ever faced under control, we will the council people we had their state- most restrained large police agencies continue to see death and destruction, ment from the newspaper there, it was in the Nation. For example, the num- there will be no family spared in Amer- estimated that one in 10 are heroin or ber of fatal shootings by police officers ica. The pain will not be just in quiet a drug addict in Baltimore. This is a in 1999, 11, was the lowest year for any deaths across this Nation, but it will be legacy of a liberalized, legalized policy year since 1993, the first year for which in tragedies of lives destroyed by ille- that failed. This councilwoman said records were available, and far less gal narcotics and drugs. that one in eight, her estimate is one than the 41 that took place, and they So I hope to work with the next ad- in eight in the population of Baltimore do not want to talk about this in the ministration. I hope to work with the is an addict. That is the result you get. previous Democrat administrations, leaders of the next Congress. We may Ralph Nader can go jump in the ocean. the 41 that took place in 1990. More- have one more shot at a special order This does not work. Using this model, over, the number of rounds inten- to bring this to the attention of the we would have in our Nation one-tenth tionally fired by police declined by 50.6 Nation and the Congress and I am of the population as drug addicts, and percent since 1993 in New York City. hopeful even in these last few days that you cannot treat your way out of it. And the number of intentional shoot- will make a difference, that we will not And treatment assumes something ings by police dropped some 66 percent, repeat the mistakes and we can do a very insidious. Think of treatment, my while the number of police officers ac- better job. There are so many people colleagues. Treatment means that you tually increased by about 38 percent, counting on us, especially people whose are already addicted. I defy anyone to 37.9 percent. So Rudy Giuliani put in lives have been ravaged by illegal nar- show me a public program that has a 60 more police, and they had less inci- cotics. to 70 percent success rate for treat- dence of firing. Mr. Speaker, I am so pleased to ment of addicted people. What about complaints about offi- thank the gentleman from Washington There is nothing wrong with treat- cers? Specifically in 1993, there were (Mr. METCALF) for yielding me the time ment. I support treatment. We will 212 incidents involving officers in in- and also for the patience of the staff spend every penny we can on treat- tentional shootings. In 1994 there were who have worked with me during these ment. The Clinton-Gore strategy was 167. In 1998 it was down to 111. In David many special orders to bring the sub- just spend money on treatment. We Dinkins’ last year in office in 1993, ject I hold near and dear to my heart, went along with that and that is what there were 7.4 shooting incidents per illegal narcotics, to the attention of we have done. Since 1992, this is the be- thousand officers. That ratio is now the Congress and the American people. ginning of the Clinton-Gore adminis- down in New York City under Giuliani Mr. METCALF. Mr. Speaker, I have tration, we spent money on treatment. to 2.8 shootings per thousand officers. spoken before on the absolute necessity Even the Republican Congress which The statistics go on to support my of maintaining U.S. sovereignty in sometimes takes a conservative ap- point. every area stated by our Constitution. proach has increased since 1995 26 per- f We must be ever alert to threats to our cent in the drug treatment area. But sovereignty. That is our responsibility you cannot fool yourself and say you THREATS TO OUR NATIONAL and it is the theme of my message to- can treat your way out of this problem. SOVEREIGNTY night. What does work? I will tell you what The SPEAKER pro tempore (Mr. During 1969, C.P. Kindelberger wrote does work. This is New York City. SHIMKUS). Under the Speaker’s an- that, ‘‘The nation-state is just about Look at Baltimore. We put on this nounced policy of January 6, 1999, the through as an economic unit.’’ He chart the murder rate. Baltimore and gentleman from Washington (Mr. added, ‘‘The world is too small. Two- New York City. In 1993 with Rudy METCALF) is recognized for the remain- hundred thousand ton tank and ore Giuliani, this again was New York ing time until midnight. carriers and airbuses and the like will City. This is Baltimore. Baltimore Mr. METCALF. Mr. Speaker, I yield not permit sovereign independence of stays the same. A zero tolerance pol- to the gentleman from Florida. the nation-state in economic affairs.’’ icy. Rudy Giuliani’s zero tolerance pol- ILLICIT DRUGS Before that, Emile Durkheim stated, icy was so successful that it has actu- Mr. MICA. Mr. Speaker, I thank the ‘‘The corporations are to become the ally impacted the national murder fig- gentleman very much for yielding. elementary division of the State, the ures. He has been so successful in New Again, I just want to conclude by fundamental political unit. They will York City with the way he has ap- saying that we cannot forget the leg- efface the distinction between public proached this, not only in his success- acy, the true legacy of this administra- and private, dissect the Democratic ful treatment programs which we have tion. It is a sad legacy. This is not a citizenry into discrete functional gone up to look at which are out- partisan statement. I feel I would be groupings which are no longer capable standing, far better than anything in here regardless of what party was in of joint political action.’’ Durkheim the country but not only have they power making this speech because this went so far as to proclaim that through tackled murders in an unbelievable is one of the most important chal- corporations’ scientific rationality H8196 CONGRESSIONAL RECORD — HOUSE September 26, 2000 ‘‘will achieve its rightful standing as American jobs and farmers’ incomes govern at WTO, but corporate dip- the creator of collective reality.’’ for some vague concept of a new inter- lomats. Who are these new sovereigns? There is little question that part of national order, the American people Maybe we can get a clearer picture by these two statements are accurate. will demand from their elected rep- looking at what the WTO is in place to America has seen its national sov- resentatives a new order of their own accomplish. ereignty slowly diffused over a growing which puts their jobs, their security, b 2340 number of international governing or- and their incomes above the priorities ganizations, that is IGOs. The WTO, of those who dealt them a bad deal.’’ I took an interest in an article in the World Trade Organization, is just But we know that few listened, and 20 Foreign Affairs, a New Trade Order by the latest in a long line of such devel- years later the former chairman of the Cowhey and Aronson. Foreign invest- opments that began right after World International Trade Commission ar- ment flows are only about 10 percent of War II. But as the protest in Seattle gued that it was the Kennedy Round the size of the world trade flows each against the WTO ministerial meeting that began the slow decline in Amer- year, but intrafirm statements, for ex- made clear, the democratic citizenry ica’s living standards. Citing statistics ample, sales by Ford Europe to Ford USA, now accounts for up to an aston- seems well prepared for joint political in his point regarding the loss of manu- ishing 40 percent of all U.S. trade. action. facturing jobs and the like, he con- This complex interdependence we Though it has been pointed out that cluded with what must be seen as a hear of every day inside the beltway is many protesters did not know what the warning: nothing short of miraculous according WTO was and much of the protest itself ‘‘The . . . Uruguay Round and the to the policymakers that are mesmer- entirely missed the mark regarding promise of the North American Trade ized by all this, but clearly the inter- WTO culpability in many areas pro- Agreement all may mesmerize and mo- dependence is less between people of claimed, yet this remains a question of tivate Washington policymakers, but the nation-states than people between education and it is the responsibility of in the American heartland those initia- the corporations of the corporate the citizen’s representatives, that is us, tives translate as further efforts to states. to begin this process of education. promote international order at the ex- Richard O’Brien in his book titled We may not entirely agree with the pense of existing American jobs.’’ Global Financial Integration: The End former head of the Antitrust Commis- Mr. Speaker, we are still not listen- of Geography states the case this way. sion Division of the U.S. Justice De- ing very well. Certainly, the ideologists The firm is far less wedded to the idea partment, Thurman Arnold, 1938 to of corporatism cannot hear us. They in of geography. Ownership is more and 1943, when he stated that, ‘‘The United fact are pressing the same ideological more international and global, di- States had developed two coordinating stratagem in the journals that matter, vorced from national definitions. If one governing classes: The one called ‘busi- like Foreign Affairs and the books marketplace can no longer provide a ness,’ building cities, manufacturing coming out of the elite think tanks and service or an attractive location to and distributing goods, and holding nongovernmental organizations. One carry our transactions, then the firm complete and autocratic power over such author, Anne-Marie Slaughter, will actively seek another home. At the livelihood of millions; the other proclaimed her rather self-important the level of the firm, therefore, there called ‘government,’ concerned with opinion that state sovereignty was lit- are plenty of choices of geography. preaching and exemplification of spir- tle more than a status symbol and O’Brien seems unduly excited when itual ideals, so caught in a mass of the- something to be attained now through he adds the glorious end-of-geography ory, that when it wished to move in a transgovernmental participation. That prospect for the close of this century is practical world, it had to do so by would be presumably achieved through the emergence of a seamless global fi- means of a sub rosa political machine.’’ the WTO, for instance? Not likely. nancial market. But surely the advocate of corporate Steven Krasner in the volume, Inter- Mr. Speaker, barriers will be gone, governance today, housed quietly and national Rules, goes into more detail services will be global, the world econ- efficiently in the corridors of power at by explaining global regimes as func- omy will benefit and so, too, presum- the WTO, the OECD, the IMF and the tioning attributes of world order: Envi- ably the consumer. Presumably? World Bank, clearly they believe. ronmental regimes, financial regimes, Again, I think not. Corporatism as ideology, and it is an and, of course, trade regimes. Counter to this ideological slant, and ideology; as John Ralston Saul re- ‘‘In a world of sovereign states, the it is ideological, O’Brien notes the fact cently referred to it as, a hijacking of basic function of regimes is to coordi- that governments are the very embodi- first our terms, such as individualism nate state behavior to acquire desired ment of geography, representing the and then a hijacking of western civili- outcomes in particular issue areas . . . nation-state. The end of geography is, zation. The result being the portrait of If, as many have argued, there is a gen- in many respects, all about the end or a society addicted to ideologies. A civ- eral movement toward a world of com- diminution of sovereignty. ilization tightly held at this moment plex interdependence, then the number In a rare find, a French author pub- in the embrace of a dominant ideology: of areas in which regimes can matter is lished a book titled The End of Democ- Corporatism. growing.’’ racy. Jean-Marie Guehenno has served As we find our citizenry affected by But we are not here speaking of in a number of posts for the French this ideology and its consequences, changes within an existing regime Government including their ambas- consumerism, the overall effects on the whereby elected representatives of free sador to the European Union. He sug- individual are passivity and conformity people make adjustments to new tech- gests this period we live in is an Impe- in those areas that matter, and non- nologies, new ideas, and further the rial Age. The imperial age is an age of conformity in those which do not. betterment of their people. The first diffuse and continuous violence. There We do know more than ever before duty of the elected representatives is will no longer be any territory to de- just how we got here. The WTO is a to look out for their constituency. The fend, but only order, operating meth- creature of the General Agreement on WTO is not changes within the existing ods, to protect. And this abstract secu- Tariffs and Trade, GATT, which began regime, but an entirely new regime. It rity is infinitely more difficult to en- in 1948 its quest for a global regime of has assumed an unprecedented degree sure than that of a world in which the economic interdependence. By 1972, of American sovereignty over the eco- geography commanded history. Neither some Members of Congress saw the nomic regime of the Nation and the rivers nor ocean protect the delegate handwriting on the wall and realized world. mechanisms of the imperial age from a that it was a forgery. Then who are the sovereigns? Is it menace as multiform as the empire Senator Long, while chairman of the the people, the ‘‘nation’’ in nation- itself. The empire itself? Whose em- Senate Finance Committee, made state? I do not believe so. I would argue pire? In whose interests? these comments to Dr. Henry Kissinger who governs rules. Who rules is sov- Political analyst Craig B. Hulet in regarding the completion and prepared ereign. his book titled Global Triage: Impe- signing of the Kennedy Round of the And the people of America and their rium in Imperio refers to this new glob- GATT accords: ‘‘If we trade away elected representatives do not rule nor al regime as imperium in imperio or September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8197 power within a power, a state within a racy that fits neither the classic fascist movements, and the plight of the un- state. His theory proposes that these nor the socialist model. None of this employed and working poor as mar- new sovereigns are nothing short of means that the future will be safe for ginal concerns compared with the un- this: they represent the power not of democracy, only that the threat to de- questioned importance of a sound cur- the natural persons which make up the mocracy comes less from totalitarian rency and balanced budget. Leaders nations’ peoples, nor of their elected or collective movements abroad than need to recognize their policy failures representatives, but the power of the from the erosion of its psychological of the last 20 years and respond accord- legal, paper-person recognized in law. cultural and spiritual foundations from ingly. If they do not respond, there are The corporations themselves are, then, within. others waiting in the wings who will, the new sovereigns. And in their efforts Mr. Speaker, are we not witness to, perhaps on less pleasant terms. to be treated in law as equals to the though, the growth of a global bureauc- We ought to be looking very closely citizens of each separate state, they racy being created, not out of totali- at where the new sovereigns intend to call this national treatment, they tarian or collectivist movements but take us. We need to discuss the end would travel the sea and wherever they from autocratic corporations which they have in sight. It is our responsi- land ashore they would be the citizens hold so many lives in their balance? bility and our duty. here and there. Not even the privateers And where shall we redress our griev- Most everyone today agrees that so- of old would have dared impose this ances when the regime completes its cialism is not a threat. Many feel that concept upon the nation-states. global transformations? When the peo- communism, even in China, is not a Mr. Speaker, can we claim to know ple of each nation and their state find threat. Indeed, there are few real secu- today what this rapid progress of glob- that they can no longer identify their rity threats to America that could al transformation will portend for de- rulers, their true rulers. compare to even our recent past. mocracy here at home? We understand When it is no longer their state Be that as it may, when we speak of the great benefits of past progress. We which rules? a global market economy, free enter- are not Luddites here. We know what The most recent U.N. development prise, massage the terms to merge with refrigeration can do for a child in a report documents how globalization managed competition and planning au- poor country, what clean water means has increased in equality between and thorities, all the while suggesting we everywhere to everyone, what free within nations while bringing them to- have met the hidden hand and it is communication has already achieved. gether as never before. good, we need also to recall what Adam But are we going to unwittingly sac- Some are referring to this Smith said, but which is rarely quoted: rifice our sovereignty on the altar of globalization’s dark side, like Jay ‘‘Masters are always and everywhere this new God, progress? Is it progress if Mazur recently in Foreign Affairs, and in a sort of tacit, but constant and uni- a cannibal uses a knife and fork? I am quoting him, ‘‘a world in which form, combination, not to raise the Can we claim to know today what the assets of the 200 richest people are wages of labor above their actual rate. this rapid progress of global trans- greater than the combined income of To violate this combination is every- formation will portend for national the more than 2 billion people at the where a most unpopular action and a sovereignty here at home? We protect other end of the economic ladder sort of reproach to a master among his our way of life; our children’s futures; should give everyone pause. Such is- neighbors and equals. We seldom, in- our workers jobs; our security at home, lands of concentrated wealth in the sea deed, hear of this combination because by measures often not unlike our air- of misery have historically been a prel- it is usual and, one may say, the nat- ports are protected from pistols on ude to upheaval. The vast majority of ural state of things.... Masters, too, planes, but self-interested ideologies, trade and investment takes place be- sometimes enter into particular com- private greed and private power? Bad tween industrial nations, dominated by binations to sink wages of labor even ideas escape our mental detectors. global corporations that control a below this rate. These are always con- We seem to be radically short of lead- third of the world’s exports. Of the 100 ducted with the utmost silence and se- ership where this active participation largest economies of the world, 51 are crecy till the moment of execu- in the process of diffusing America’s corporations.’’ tion....’’ power over to, and into, the private With further mergers and acquisi- Thus, now precisely whose responsi- global monopoly, capitalist regime, tions in the future, with no end in bility is it to keep an eye on our mas- today pursued without questioning its sight, those of us that are awake must ters? That is the question we need to basis at all. speak up now, or is it that we just can- think about. An empire represented not just by not see at all: believing in our current f the WTO, but clearly this new regime speculative bubble, which nobody cred- LEAVE OF ABSENCE is the core ideological success for ible believes which can be sustained By unanimous consent, leave of ab- corporatism. much longer, we miss the growing sence was granted to: The only step remaining, according anger, fear and frustration of our peo- Mr. PAUL (at the request of Mr. to Harvard professor Paul Krugman, is ple; believing in the myths of our pol- the finalization of a completed multi- ARMEY) for today and the balance of icy priests pass on, we miss the dis- the week on account of family illness. lateral agreement on investment which satisfaction of our workers; believing f fails at the OECD. According to OECD, in the god progress, we have lost our the agreement’s actual success may vision. SPECIAL ORDERS GRANTED come through, not a treaty this time, Another warning, this time from By unanimous consent, permission to but arrangements within corporate Ethan Kapstein in his article Workers address the House, following the legis- governance itself, quietly being hashed and the World Economy of the Foreign lative program and any special orders out at the IMF and the World Bank as Affairs Magazine, while the world heretofore entered, was granted to: well as the OECD. In other words, just stands at a critical time in post war The following Members (at the re- going around the normal way to ac- history, it has a group of leaders who quest of Mr. LAFALCE) to revise and ex- complish things. We are not yet the appear unwillingly, like their prede- tend their remarks and include extra- united corporations of America, or are cessors in the 1930s, to provide the neous material: we? international leadership to meet the Mr. BROWN of Ohio, for 5 minutes, The WTO needs to be scrutinized economic dislocations. today. carefully, debated with hearings and b 2350 Mr. FALEOMAVAEGA, for 5 minutes, public participation where possible. We today. can, of course, as author Christopher Worse, many of them and their eco- Mr. CUMMINGS, for 5 minutes, today. Lasch notes, peer inward at ourselves nomic advisors do not seem to recog- Mr. STRICKLAND, for 5 minutes, as well when he argued the history of nize the profound troubles affecting today. the 20th century suggests that totali- their societies. Like the German elite Mr. INSLEE, for 5 minutes, today. tarian regimes are highly unstable, in Weimar, they dismiss mounting Mrs. MINK of Hawaii, for 5 minutes, evolving towards some type of bureauc- worker dissatisfaction, fringe political today. H8198 CONGRESSIONAL RECORD — HOUSE September 26, 2000 (The following Members (at the re- riculture, transmitting the Department’s 10300. A letter from the Director, Office of quest of Mr. LUCAS of Oklahoma) to re- final rule—General Policies, Types of Loans, Civil Rights, Environmental Protection vise and extend their remarks and in- Loan Requirements—Telecommunications Agency, transmitting the Agency’s final rule—Nondiscrimination on the Basis of Sex clude extraneous material: Program (RIN: 0572–AB56) received Sep- tember 20, 2000, pursuant to 5 U.S.C. in Education Programs or Activities Receiv- Mr. THUNE, for 5 minutes, today and 801(a)(1)(A); to the Committee on Agri- ing Federal Financial Assistance—received September 27. culture. September 25, 2000, pursuant to 5 U.S.C. Mr. GUTKNECHT, for 5 minutes, today. 10291. A letter from the Deputy Associate 801(a)(1)(A); to the Committee on Education Mr. EHRLICH, for 5 minutes, today. Administrator, Environmental Protection and the Workforce. 10301. A letter from the Deputy Associate Mr. FOLEY, for 5 minutes, today and Agency, transmitting the Agency’s final Administrator, Environmental Protection September 27. rule—Mefenoxam; Pesticide Tolerances for Emergency Exemptions [OPP–301042; FRL– Agency, transmitting the Agency’s final Mr. PORTER, for 5 minutes, October 2. 6741–1] (RIN: 2070–2078) received September rule—Revisions to the Arizona State Imple- Mr. SHAYS, for 5 minutes, September 22, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to mentation Plan, Pinal County Air Quality 27. the Committee on Agriculture. Control District [AZ 063–0029a; FRL–6866–1] f 10292. A letter from the Deputy Associate received September 22, 2000, pursuant to 5 Administrator, Environmental Protection U.S.C. 801(a)(1)(A); to the Committee on ENROLLED BILLS SIGNED Agency, transmitting the Agency’s final Commerce. rule—Yucca Extract; Exemption From the 10302. A letter from the Chief, Policy and Mr. THOMAS, from the Committee Rules Division, Federal Communications Requirement of a Tolerance [OPP–301067; Commission, transmitting the Commission’s on House Administration, reported FRL–6748–3] (RIN: 2070–AB78) received Sep- final rule—Amendment of Section 2.106 of that that committee had examined and tember 25, 2000, pursuant to 5 U.S.C. the Commission’s Rules to Allocate Spec- found truly enrolled bills of the House 801(a)(1)(A); to the Committee on Agri- trum at 2 GHz for Use by the Mobile-Sat- of the following titles, which were culture. ellite Service [Docket No. 95–18, FCC 00–23] 10293. A letter from the Deputy Associate thereupon signed by the Speaker: received September 25, 2000, pursuant to 5 Administrator, Environmental Protection H.R. 2909. An act to provide for implemen- U.S.C. 801(a)(1)(A); to the Committee on Agency, transmitting the Agency’s final tation by the United States of the Hague Commerce. rule—Methacrylic Acid-Methyl Methacry- Convention on Protection of Children and 10303. A letter from the Acting Director, late-Polyethylen Glycol Methyl Ether Meth- Co-operation in Respect of Intercountry Defense Security Cooperation Agency, trans- acrylate Copolymer; and Maleic Anhydride- Adoption, and for other purposes. mitting notification concerning the Depart- ox-Methylstyrene Copolymer Sodium Salt; H.R. 4919. An act to amend the Foreign As- ment of the Army’s Proposed Letter(s) of Tolerance Exemption [OPP–301059; FRL–6745– sistance Act of 1961 and the Arms Export Offer and Acceptance (LOA) to Bahrain for 2] received September 25, 2000, pursuant to 5 Control Act to make improvements to cer- defense articles and services (Transmittal U.S.C. 801(a)(1)(A); to the Committee on Ag- tain defense and security assistance provi- No. 00–16), pursuant to 22 U.S.C. 2776(b); to riculture. sions under those Acts, to authorize the the Committee on International Relations. 10294. A letter from the Deputy Associate transfer of naval vessels to certain foreign 10304. A letter from the Director, Lieuten- Administrator, Environmental Protection countries, and for other purposes. ant General, USAF, Defense Security Co- Agency, transmitting the Agency’s final operation Agency, transmitting notification f rule—Hexythiazox; Pesticide Tolerance concerning the Department of the Army’s [OPP–301061; FRL–6746–5] (RIN: 2070–AB78) re- Proposed Letter(s) of Offer and Acceptance SENATE ENROLLED BILL SIGNED ceived September 25, 2000, pursuant to 5 (LOA) to Israel for defense articles and serv- The SPEAKER announced his signa- U.S.C. 801(a)(1)(A); to the Committee on Ag- ices (Transmittal No. 00–75), pursuant to 22 ture to an enrolled bill of the Senate of riculture. U.S.C. 2776(b); to the Committee on Inter- 10295. A letter from the Deputy Associate national Relations. the following title: Administrator, Environmental Protection 10305. A letter from the Chairman, Federal S. 430. An act to amend the Alaska Native Agency, transmitting the Agency’s final Communications Commission, transmitting Claims Settlement Act to provide for a land rule—Halosulfuron-methyl; Pesticide Toler- a copy of the annual report in compliance exchange between the Secretary of Agri- ance [OPP–301058; FRL–6746–2] (RIN: 2070– with the Government in the Sunshine Act culture and the Kake Tribal Corporation, AB78) received September 25, 2000, pursuant during the calendar year 1999, pursuant to 5 and for other purposes. to 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 552b(j); to the Committee on Govern- f Agriculture. ment Reform. 10296. A letter from the Deputy Associate 10306. A letter from the Director, Informa- ADJOURNMENT Administrator, Environmental Protection tion Security Oversight Office, transmitting Agency, transmitting the Agency’s final the Information Security Oversight Office’s Mr. METCALF. Mr. Speaker, I move rule—Ethametsulfuron-methyl; Pesticide 1999 Report to the President; to the Com- that the House do now adjourn. Tolerances for Emergency Exemptions mittee on Government Reform. The motion was agreed to; accord- [OPP–301048; FRL–6744–1] (RIN: 2070–AB78) re- 10307. A letter from the Program Analyst, FAA, Department of Transportation, trans- ingly (at 11 o’clock and 53 minutes ceived September 25, 2000, pursuant to 5 mitting the Department’s final rule—Finan- U.S.C. 801(a)(1)(A); to the Committee on Ag- p.m.), the House adjourned until to- cial Responsibility Requirements for Li- riculture. morrow, Wednesday, September 27, censed Reentry Activities [Docket No. FAA 10297. A letter from the Chief, Programs 2000, at 10 a.m. 1999–6265; Amendment No. 450–1] (RIN: 2120– and Legislation Division, Office of Legisla- AG76) received September 20, 2000, pursuant f tive Liaison, Department of Defense, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting notification that the Commander of Science. EXECUTIVE COMMUNICATIONS, Air Armament Center is initiating a single- ETC. 10308. A letter from the Program Analyst, function cost comparison of the 46th Test FAA, Department of Transportation, trans- Under clause 8 of rule XII, executive Wing Aircraft Maintenance Backshop at mitting the Department’s final rule—Com- communications were taken from the Eglin Air Force Base (AFB), Florida, pursu- mercial Space Transportation Reusable ant to 10 U.S.C. 2461; to the Committee on Speaker’s table and referred as follows: Launch Vehicle and Reentry Licensing Regu- Armed Services. lations [Docket No. FAA–199–5535; Amdt. 10288. A letter from the Under Secretary, 10298. A letter from the Assistant General Nos. 400–1, 401–1, 404–1, 405–1, 406–1, 413–1, 415– Natural Resources and the Environment, De- Counsel for Regulations, Department of 1, 431–1, 433–1, 435–1] (RIN 2120–AG71) received partment of Agriculture, transmitting the Housing and Urban Development, transmit- September 25, 2000, pursuant to 5 U.S.C. Department’s final rule—Urban and Commu- ting the Department’s final rule—Fair Mar- 801(a)(1)(A); to the Committee on Science. nity Forestry Assistance Program—received ket Rents for Fiscal Year 2001 [Docket No. 10309. A letter from the Regulations Offi- September 25, 2000, pursuant to 5 U.S.C. FR–4589–N–02] received September 25, 2000, cer, Social Security Administration, trans- 801(a)(1)(A); to the Committee on Agri- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Administration’s final rule—Ex- culture. mittee on Banking and Financial Services. tension of Expiration Date for the Res- 10289. A letter from the Administrator, 10299. A letter from the General Counsel, piratory Body System Listings (RIN: 0960– Rural Utilities Services, Department of Ag- National Credit Union Administration, AF42) received September 25, 2000, pursuant riculture, transmitting the Department’s transmitting the Administration’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on final rule—Reduction in Minimum TIER Re- rule—Involuntary Liquidation of Federal Ways and Means. quirements (RIN: 0572–AB51) received Sep- Credit Unions and Adjudication of Creditor 10310. A letter from the Assistant Sec- tember 20, 2000, pursuant to 5 U.S.C. Claims Involving Federally-Insured Credit retary for Legislative Affairs, Department of 801(a)(1)(A); to the Committee on Agri- Unions in Liquidation—received September State, transmitting a draft bill to permit the culture. 22, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of State to establish a new posi- 10290. A letter from the Administrator, the Committee on Banking and Financial tion of Under Secretary of State for Secu- Rural Utilities Services, Department of Ag- Services. rity, Law Enforcement and Counterterrorism September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8199

and to centralize authority and responsi- Combined DNA Index System of the Federal Ohio, Mr. TAUZIN, Mr. OXLEY, Mr. bility for these matters in that position; Bureau of Investigation, to provide for the UPTON, Mr. STEARNS, Mr. GILLMOR, jointly to the Committees on International collection and analysis of DNA samples from Mr. GREENWOOD, Mr. BURR of North Relations and Government Reform. certain violent and sexual offenders for use Carolina, Mr. NORWOOD, Mr. ROGAN, 10311. A letter from the Assistant Sec- in such system, and for other purposes; with Mr. SHIMKUS, Mrs. WILSON, Mr. PICK- retary for Legislative Affairs, Department of an amendment (Rept. 106–900 Pt. 1). Referred ERING, Mr. BRYANt, Mr. BLUNT, Mr. State, transmitting a Memorandum of Jus- to the Committee of the Whole House on the EHRLICH, Ms. MCCARTHY of Missouri, tification of the Nonproliferation and Disar- State of the Union. Mr. LUTHER, Mr. ALLEN, Mr. mament Fund in accordance with Title II of Ms. PRYCE of Ohio: Committee on Rules. WEYGAND, Mr. WAXMAN, Mr. MARKEY, the Foreign Operations, Export Financing House Resolution 594. Resolution providing Mr. HALL of Texas, Mr. BOUCHER, Mr. and Related Programs Appropriations Act, for consideration of the Senate amendment TOWNS, Mr. PALLONE, Mr. GORDON, 2000; jointly to the Committees on Inter- to the bill (H.R. 4365) to amend the Public Ms. ESHOO, Mr. KLINK, Mr. STUPAK, national Relations and Appropriations. Health Service Act with respect to children’s Mr. ENGEL, Mr. WYNN, Mr. BARRETT f health (Rept. 106–901). Referred to the House of Wisconsin, and Mr. HOEFFEL): Calendar. H.R. 5291. A bill to amend titles XVIII, REPORTS OF COMMITTEES ON Mr. HASTINGS of Washington: Committee XIX, and XXI of the Social Security Act to PUBLIC BILLS AND RESOLUTIONS on Rules. House Resolution 595. Resolution make additional corrections and refinements waiving a requirement of clause 6(a) of rule in the Medicare, Medicaid, and State chil- Under clause 2 of rule XIII, reports of XIII with respect to consideration of certain dren’s health insurance programs, as revised committees were delivered to the Clerk resolutions reported from the Committee on by the Balanced Budget Act of 1997; to the for printing and reference to the proper Rules (Rept. 106–902). Referred to the House Committee on Commerce, and in addition to calendar, as follows: Calendar. the Committee on Ways and Means, for a pe- Mr. BLILEY: Committee on Commerce. DISCHARGE OF COMMITTEE riod to be subsequently determined by the Speaker, in each case for consideration of H.R. 1795. A bill to amend the Public Health Pursuant to clause 5 of rule X the Service Act to establish the National Insti- such provisions as fall within the jurisdic- Committees on Education and the tion of the committee concerned. tute of Biomedical Imaging and Engineering, Workforce and Commerce discharged. with amendments (Rept. 106–889). Referred to By Mrs. JOHNSON of Connecticut: the Committee of the Whole House on the H.R. 1248 referred to the Committee on H.R. 5292. A bill to increase State flexi- State of the Union. the Whole House on the State of the bility in funding child protection programs, Mr. YOUNG of Alaska: Committee on Re- Union. and for other purposes; to the Committee on sources. H.R. 4613. A bill to amend the Na- Pursuant to clause 5 of rule X the Ways and Means. tional Historic Preservation Act for purposes By Mr. SMITH of Texas: Committee on Armed Services dis- H.R. 5293. A bill to amend the Immigration of establishing a national historic lighthouse charged. H.R. 4640 referred to the Com- and Nationality Act to improve provisions preservation program; with an amendment mittee of the Whole House on the State relating to inadmissibility and detention of, (Rept. 106–890). Referred to the Committee of of the Union. and cancellation of removal for, aliens who the Whole House on the State of the Union. have committed crimes, and for other pur- Mr. HYDE: Committee on the Judiciary. f poses; to the Committee on the Judiciary. H.R. 1248. A bill to prevent violence against REPORTS OF COMMITTEES ON PRI- By Mr. DEAL of Georgia: women; with an amendment (Rept. 106–891, H.R. 5294. A bill to require the Federal Pt. 1). Referred to the Committee of the VATE BILLS AND RESOLUTIONS Communications Commission to completely Whole House on the State of the Union. Under clause 2 of rule XIII, reports of and accurately fulfill the support require- Mr. YOUNG of Alaska: Committee on Re- committees were delivered to the Clerk ments for universal service for high cost sources. H.R. 4835. A bill to authorize the ex- for printing and reference to the proper areas, and for other purposes; to the Com- change of land between the Secretary of the calendar, as follows: mittee on Commerce. Interior and the Director of Central Intel- By Mr. ENGLISH: ligence at the George Washington Memorial Mr. HYDE: Committee on the Judiciary. H.R. 3414. A bill for the relief of Luis A. H.R. 5295. A bill to amend the Internal Rev- Parkway in McLean, Virginia, and for other enue Code of 1986 with respect to discharge of purposes (Rept. 106–895 Pt. 1). Ordered to be Leon-Molina, Ligia Padron, Juan Leon Padron, Rendy Leon Padron, Manuel Leon indebtedness income from prepayment of printed. loans under section 306B of the Rural Elec- Mr. YOUNG of Alaska: Committee on Re- Padron, and Luis Leon Padron (Rept. 106– 892). Referred to the Private Calendar. trification Act of 1936; to the Committee on sources. H.R. 5036. A bill to amend the Day- Ways and Means. ton Aviation Heritage Preservation Act of Mr. HYDE: Committee on the Judiciary. H.R. 3184. A bill for the relief of Zohreh By Mr. ENGLISH: 1992 to clarify the areas included in the Day- H.R. 5296. A bill to amend title XVIII of the Farhang Ghahfarokhi (Rept. 106–893). Re- ton Aviation Heritage National Historical Social Security Act to revise and improve ferred to the Private Calendar. Park and to authorize appropriations for the Medicare Program; to the Committee on Mr. HYDE: Committee on the Judiciary. that park (Rept. 106–896). Referred to the Ways and Means, and in addition to the Com- H.R. 848. A bill for the relief of Sepandan Committee of the Whole House on the State mittees on Commerce, the Budget, and Farnia and Farbod Farnia (Rept. 106–894). of the Union. Rules, for a period to be subsequently deter- Referred to the Private Calendar. Mr. YOUNG of Alaska: Committee on Re- mined by the Speaker, in each case for con- sources. H.R. 4904. A bill to express the pol- f sideration of such provisions as fall within icy of the United States regarding the TIME LIMITATION OF REFERRED the jurisdiction of the committee concerned. United States relationship with Native Ha- By Mr. EVERETT: waiians, and for other purposes; with amend- BILL H.R. 5297. A bill to amend the Watershed ments (Rept. 106–897). Referred to the Com- Pursuant to clause 5 of rule X the fol- Protection and Flood Prevention Act to au- mittee of the Whole House on the State of lowing action was taken by the Speak- thorize the Secretary of Agriculture to pro- the Union. er: vide cost share assistance for the construc- Mr. YOUNG of Alaska: Committee on Re- tion of reservoir structures for the storage of sources. S. 1030. An act to provide that the H.R. 1248. Referral to the Committees on water in rural areas, and for other purposes; conveyance by the Bureau of Land Manage- Education and the Workforce and Commerce to the Committee on Agriculture. ment of the surface estate to certain land in extended for a period ending not later than By Mr. GALLEGLY: the State of Wyoming in exchange for cer- September 26, 2000. H.R. 5298. A bill to amend title 18, United tain private land will not result in the re- H.R. 1882. Referral to the Committee on States Code, to create an offense of solicita- moval of the land from operation of the min- Ways and Means extended for a period ending tion or recruitment of persons in criminal ing laws (Rept. 106–898). Referred to the Com- not later than September 29, 2000. street gang activity; to the Committee on mittee of the Whole House on the State of H.R. 4640. Referral to the Committee on the Judiciary. the Union. Armed Services extended for a period ending By Mr. GREEN of Wisconsin: Mr. YOUNG of Alaska: Committee on Re- not later than September 26, 2000. H.R. 5299. A bill to strengthen the enforce- sources. S. 426. An act to amend the Alaska f ment of Federal statutes relating to false Native Claims Settlement Act, to provide for identification, and for other purposes; to the a land exchange between the Secretary of PUBLIC BILLS AND RESOLUTIONS Committee on the Judiciary. Agriculture and the Huna Totem Corpora- Under clause 2 of rule XII, public By Mr. HOLT: tion, and for other purposes (Rept. 106–899). bills and resolutions of the following H.R. 5300. A bill to amend section 227 of the Referred to the Committee of the Whole Communications Act of 1934 to prohibit the House on the State of the Union. titles were introduced and severally re- use of the text, graphic, or image messaging Mr. MCCOLLUM: Committee on Judiciary. ferred, as follows: systems of wireless telephone systems to H.R. 4640. A bill to make grants to States for By Mr. BLILEY (for himself, Mr. DIN- transmit unsolicited commercial messages; carrying out DNA analyses for use in the GELL, Mr. BILIRAKIS, Mr. BROWN of to the Committee on Commerce. H8200 CONGRESSIONAL RECORD — HOUSE September 26, 2000

By Mr. LEWIS of California: (Creek), Seminole, Cherokee, Chickasawa H.R. 3082: Mr. LEWIS of Georgia. H.R. 5301. A bill to authorize the Secretary and Choctaw Nations, historically referred H.R. 3192: Mr. BILBRAY and Mr. FLETCHER. of the Interior to carry out a land exchange to as the Five Civilized Tribes, and for other H.R. 3214: Mr. PICKETT. involving lands in Inyo and San Bernardino purposes; to the Committee on Resources. H.R. 3308: Mr. TIAHRT. Counties, California; to the Committee on By Mr. WELDON of Florida: H.R. 3408: Mr. MCKEON. Resources. H.R. 5309. A bill to designate the facility of H.R. 3433: Ms. DELAURO and Mr. LARSON. By Mr. MCDERMOTT (for himself, Mr. the United States Postal Service located at H.R. 3455: Mr. REYES. INSLEE, Mr. METCALF, Mr. BAIRD, Mr. 2305 Minton Road in West Melbourne, Flor- H.R. 3514: Mr. SANDERS, Mr. BARTLETT of HASTINGS of Washington, Mr. ida, as the ‘‘Ronald W. Reagan Post Office Maryland, and Mr. COSTELLO. NETHERCUTT, Mr. DICKS, Ms. DUNN, Building’’; to the Committee on Government H.R. 3518: Mr. FRANKS of New Jersey. Mr. SMITH of Washington, Mr. MAT- Reform. H.R. 3580: Mr. HORN, Mr. POMBO, and Mrs. SUI, Mrs. MINK of Hawaii, and Mr. By Ms. WOOLSEY: JONES of Ohio. WU): H.R. 5310. A bill to authorize appropria- H.R. 3710: Mr. POMBO. H.R. 5302. A bill to designate the United tions to promote innovation and technology H.R. 3839: Mrs. JOHNSON of Connecticut, States courthouse located at 1010 Fifth Ave- transfer in wastewater discharge reduction Mr. BOEHLERT, Mr. SMITH of Texas, Mr. nue in Seattle, Washington, as the ‘‘William and water conservation, and for other pur- OBEY, Mr. HORN, and Mr. MCHUGH´ . Kenzo Nakamura United States Court- poses; to the Committee on Transportation H.R. 3842: Mr. ROMERO-BARCELO. house’’; to the Committee on Transportation and Infrastructure. H.R. 3915: Mr. MCKEON, Mr. STENHOLM, and and Infrastructure. By Mr. SENSENBRENNER: Mr. DELAHUNT. By Mr. MARKEY (for himself and Mr. H. Con. Res. 409. Concurrent resolution di- H.R. 4025: Mr. LOBIONDO and Mrs. MYRICK. SMITH of New Jersey): recting the Clerk of the House of Representa- H.R. 4046: Mr. BOUCHER and Mr. NADLER. H.R. 5303. A bill to amend title XVIII of the tives to make corrections in the enrollment H.R. 4094: Mr. LUTHER and Mr. SHAW. Social Security Act to clarify the definition of the bill H.R. 1654; considered and agreed H.R. 4144: Mr. LIPINSKI. of homebound under the Medicare home to. H.R. 4167: Mr. BLUMENAUER. health benefit; to the Committee on Ways By Mr. LANTOS (for himself, Mr. H.R. 4178: Mr. GALLEGLY. H.R. 4191: Ms. KILPATRICK. and Means, and in addition to the Committee ROYCE, Mr. PAYNE, Mr. PORTER, Mr. H.R. 4192: Mr. GANSKE. on Commerce, for a period to be subse- PETERSON of Minnesota, Mr. MINGE, H.R. 4206: Mr. ALLEN. quently determined by the Speaker, in each Mr. OBERSTAR, Mr. LUTHER, Mrs. H.R. 4215: Mr. HOEKSTRA and Mr. RYUN of case for consideration of such provisions as MALONEY of New York, Ms. PELOSI, Kansas. fall within the jurisdiction of the committee Mr. FALEOMAVAEGA, Mr. MCGOVERN, H.R. 4239: Mrs. JONES of Ohio. concerned. Mrs. MORELLA, Mr. RUSH, and Mr. H.R. 4259: Mr. HOYER. By Mr. SHADEGG: GUTKNECHT): H.R. 4274: Mr. RUSH and Mr. FOSSELLA. H.R. 5304. A bill to require the General Ac- H. Con. Res. 410. Concurrent resolution H.R. 4277: Mr. BENTSEN, Mr. MCNULTY, Ms. counting Office to report on the impact of condemning the assassination of Father PELOSI, Mr. BLUNT, and Mr. STUMP. the Emergency Medical Treatment and Ac- John Kaiser and others who worked to pro- H.R. 4299: Mr. SHAW and Mr. GORDON. tive Labor Act (EMTALA) on hospital emer- mote human rights and justice in the Repub- H.R. 4340: Mr. RYUN of Kansas. gency departments; to the Committee on lic of Kenya; to the Committee on Inter- H.R. 4359: Ms. CARSON. Commerce, and in addition to the Committee national Relations. on Ways and Means, for a period to be subse- H.R. 4375: Mr. BAIRD. quently determined by the Speaker, in each f H.R. 4395: Mr. MCDERMOTT. case for consideration of such provisions as H.R. 4399: Mr. BOYD, Ms. ROS-LEHTINEN, fall within the jurisdiction of the committee ADDITIONAL SPONSORS Mr. WEXLER, Mrs. THURMAN, Mr. DEUTSCH, concerned. Under clause 7 of rule XII, sponsors Mr. MCCOLLUM, Mr. MICA, Mr. CANADY of By Ms. SLAUGHTER (for herself and were added to public bills and resolu- Florida, Mr. WELDON of Florida, Mr. FOLEY, Mrs. FOWLER, Mr. DAVIS of Florida, Mr. MIL- Mr. BOEHLERT): tions as follows: H.R. 5305. A bill to enhance the services LER of Florida, Mr. YOUNG of Florida, Mr. provided by the Environmental Protection H.R. 78: Mr. BENTSEN. SHAW, Mr. STEARNS, Mr. GOSS, Mr. DIAZ- Agency to small communities that are at- H.R. 218: Mr. ROGAN and Mr. MALONEY of BALART, Mr. BILIRAKIS, and Mr. SCAR- tempting to comply with national, State, Connecticut. BOROUGH. and local environmental regulations; to the H.R. 284: Mr. WOOLSEY, Mr. REYNOLDS, Mrs. H.R. 4400: Mrs. MEEK of Florida, Mr. BOYD, Committee on Commerce, and in addition to CHRISTENSEN, Mrs. MALONEY of New York, Ms. ROS-LEHTINEN, Mr. WEXLER, Mrs. THUR- the Committee on Transportation and Infra- and Mr. ANDREWS. MAN, Mr. DEUTSCH, Mr. MCCOLLUM, Mr. MICA, structure, for a period to be subsequently de- H.R. 534: Mr. MCKEON. Mr. CANADY of Florida, Mr. WELDON of Flor- termined by the Speaker, in each case for H.R. 583: Mr. SHIMKUS and Mr. SANDLIN. ida, Mr. FOLEY, Mrs. FOWLER, Mr. DAVIS of consideration of such provisions as fall with- H.R. 714: Ms. KILPATRICK and Mr. LANTOS. Florida, Mr. MILLER of Florida, Mr. YOUNG of in the jurisdiction of the committee con- H.R. 835: Mr. LEWIS of California. Florida, Mr. SHAW, Mr. STEARNS, Mr. GOSS, cerned. H.R. 842: Mr. VISCLOSKY and Mr. LIPINSKI. and Mr. DIAZ-BALART. By Mr. TANCREDO (for himself, Mr. H.R. 860: Mr. MEEKS of New York and Ms. H.R. 4493: Mr. RAMSTAD. DELAY, Mr. PITTS, Mr. DOOLITTLE, MCKINNEY. H.R. 4511: Mr. STENHOLM, Mr. EHRLICH, Mr. Mr. SAM JOHNSON of Texas, Mr. H.R. 914: Mr. TURNER. BURR of North Carolina, Mr. WHITFIELD, and HILLEARY, Mrs. MYRICK, Mr. TOOMEY, H.R. 919: Mr. OWENS, Mr. DELAHUNT, and Mr. RYUN of Kansas. Mr. SMITH of New Jersey, Mr. Mr. MARKEY. H.R. 4527: Mr. HAYWORTH, Mr. KILDEE, Mr. LARGENT, Mr. BARTLETT of Maryland, H.R. 961: Ms. DELAURO. GEPHARDT, Mr. CANNON, Mr. KENNEDY of Mr. HOSTETTLER, Mr. KINGSTON, Mr. H.R. 1092: Mr. ARMEY. Rhode Island, Mr. CONYERS, Mr. SKEEN, Mr. GOODE, Mr. JONES of North Carolina, H.R. 1194: Mr. SUNUNU. BONIOR, Mr. FALEOMAVAEGA, Mr. ROHR- Mr. SCHAFFER, Mr. SOUDER, Mr. H.R. 1621: Mr. COLLINS, Mr. TANNER, and ABACHER, Mr. MCCOLLUM, Mr. LARGENT, Mr. DICKEY, Mr. COBURN, Mr. SANFORD, Mr. BERRY. WATTS of Oklahoma, Mr. OWENS, Mr. WAX- Mr. SHADEGG, Mr. DEMINT, Mr. RYAN H.R. 1671: Mr. NEAL of Massachusetts, Mr. MAN, Mr. COOK, Mr. FILNER, Mr. FROST, and of Wisconsin, and Mr. GARY MILLER DINGELL, and Mr. CLEMENT. Mr. GEJDENSON. of California): H.R. 1892: Mrs. THURMAN. H.R. 4543: Mrs. CHENOWETH-HAGE. H.R. 5306. A bill to prohibit the use of Fed- H.R. 2121: Mr. MATSUI, Mr. BRADY of Penn- H.R. 4571: Mr. JENKINS, Mr. KLECZKA, Mr. eral funds to discriminate against the Boy sylvania, Mr. SERRANO, Mr. TIERNEY, Mr. COOK, Ms. MILLENDER-MCDONALD, Mr. Scouts of America on the basis of beliefs pro- HILLIARD, Mr. JEFFERSON, and Ms. ESHOO. STRICKLAND, Mr. KUCINICH, Mrs. JOHNSON of moted by that organization or that organiza- H.R. 2344: Mr. SANDLIN. Connecticut, Mr. BONIOR, Mr. GEORGE MIL- tion’s constitutionally protected expression H.R. 2402: Mr. HEFLEY and Mrs. KELLY. LER of California, and Mr. CAMP. of beliefs or exercise of associational rights, H.R. 2624: Mr. UDALL of Colorado. H.R. 4633: Mr. CHAMBLISS. and for other purposes; to the Committee on H.R. 2710: Mr. BORSKI and Mr. HYDE. H.R. 4636: Ms. BALDWIN and Mr. BARRETT of the Judiciary. H.R. 2720: Mr. SHAW. Wisconsin. By Mr. WALDEN of Oregon: H.R. 2738: Ms. LEE and Mr. GREENWOOD. H.R. 4638: Mr. HOSTETTLER. H.R. 5307. A bill to authorize the Secretary H.R. 2814: Mr. UDALL of Colorado. H.R. 4672: Mr. FOLEY, Mr. SMITH of Michi- of the Interior to conduct a feasibility study H.R. 2867: Mr. SCHAFFER and Mr. JONES of gan, Mr. KOLBE, Mr. TANCREDO, Mr. GARY on water optimization in the Burnt River North Carolina. MILLER of California, Mr. BACHUS, Mr. HILL basin, Malheur River basin, Owyhee River H.R. 2945: Mr. KUCINICH. of Montana, and Mr. JONES of North Caro- basin, and Powder River basin, Oregon; to H.R. 2953: Mr. KING. lina. the Committee on Resources. H.R. 3003: Mr. SHIMKUS, Mrs. WILSON, and H.R. 4702: Mr. TANNER. By Mr. WATKINS: Mr. LOBIONDO. H.R. 4728: Mr. SWEENEY, Mr. LAZIO, Mr. H.R. 5308. A bill to amend laws relating to H.R. 3008: Mr. KLINK. CHAMBLISS, Ms. DELAURO, MR. LARGENT, and the lands of the citizens of the Muscogee H.R. 3065: Mrs. JONES of Ohio. Mr. MEEKS of New York. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8201

H.R. 4740: Mr. HINOJOSA, Mr. HOLT, Mr. Ms. BROWN of Florida, Mr. MINGE, and Mr. H. Con. Res. 337: Mr. LEWIS of California. SHERMAN, Ms. DANNER, Mrs. CHRISTENSEN, MALONEY of Connecticut. H. Con. Res. 355: Mr. LANTOS. Mr. DELAHUNT, Mr. LEWIS of Georgia, Mr. H.R. 5172: Mr. HILLIARD and Mr. ENGLISH. H. Con. Res. 365: Mr. GIBBONS. ABERCROMBIE, Mr. GILMAN, and Mr. KUCINICH. H.R. 5178: Mr. LOBIONDO, Mr. GRAHAM, Mr. H. Con. Res. 389: Mr. WATT of North Caro- H.R. 4746: Mr. CAMP. COBLE, Mr. FARR of California, Mrs. lina and Mr. WAXMAN. H.R. 4770: Mr. WYNN. TAUSCHER, Mr. COOK, Mr. NEY, Mr. H. Con. Res. 390: Mr. BAKER, Mr. KNOLLEN- H.R. 4772: Mrs. JONES of Ohio, Ms. NORTON, CUNNINGHAM, Mrs. NORTHUP, Mr. DICKEY, Mr. BERG, Mr. STENHOLM, Mr. DAVIS of Florida, and Ms. LEE. NORWOOD, Mr. BONILLA, Mr. ABERCROMBIE, and Mr. KENNEDY of Rhode Island. H.R. 4791: Mr. HUTCHINSON. and Mr. BOEHLERT. H. Con. Res. 395: Mrs. THURMAN. H.R. 4825: Mr. KUCINICH, Mr. MORAN of Kan- H.R. 5179: Mr. BORSKI, Ms. LEE, and Mr. H. Con. Res. 396: Mr. PICKETT and Mr. sas, Mr. KIND, Mr. BUYER, Mrs. JONES of KUCINICH. GOODLATTE. H.R. 5180: Mr. LOBIONDO. Ohio, and Mr. DOYLE. H. Con. Res. 404: Mr. COLLINS, Mr. H.R. 4893: Ms. PELOSI. H.R. 5198: Mr. TOWNS. TANCREDO, and Ms. STABENOW. H.R. 4922: Mr. HERGER. H.R. 5200: Mr. FRANKS of New Jersey, Mr. H. Res. 576: Mr. WOLF, Mr. EHLERS, Mr. H.R. 4977: Mr. SANDERS. SCHAFFER, Mr. ENGLISH, Mrs. MYRICK, Mr. HILLIARD, Mr. FROST, Mr. SCHAFFER, Mrs. H.R. 4995: Mr. GORDON. JONES of North Carolina, and Mr. MANZULLO. CLAYTON, and Mr. OSE. H.R. 4996: Mr. GORDON. H.R. 5204: Mr. HILLIARD, Mr. FROST, Mr. H. Res. 578: Mr. BURR of North Carolina. H.R. 4997: Mr. GORDON. CONYERS, Mrs. MORELLA, and Mr. PAYNE. H.R. 4998: Mr. CALLAHAN. H.R. 5208: Ms. ESHOO and Ms. KILPATRICK. H.R. 5004: Mr. GARY MILLER of California. H.R. 5244: Mr. HILL of Montana and Mr. f H.R. 5034: Mr. KUYKENDALL. CANNON. H.R. 5066: Mr. DEFAZIO. H.R. 5257: Mr. RYAN of Wisconsin. H.R. 5067: Mr. BALDACCI. H.R. 5272: Mr. BEREUTER, Mr. DELETIONS OF SPONSORS FROM H.R. 5070: Mr. RAMSTAD. FALEOMAVAEGA, Mr. SMITH of New Jersey, PUBLIC BILLS AND RESOLUTIONS H.R. 5117: Mr. THOMAS and Mr. LAMPSON. and Mr. LANTOS. Under clause 7 of rule XII, sponsors H.R. 5144: Mr. LUCAS of Kentucky. H.J. Res. 48: Mr. HOEKSTRA and Mr. OBER- were deleted from public bills and reso- H.R. 5151: Mr. CANADY of Florida. STAR. H.R. 5154: Mr. DICKEY. H. Con. Res. 273: Mr. EVANS and Mr. lutions as follows: H.R. 5163: Mr. GOODLATTE, Mr. KUCINICH, SAXTON. H.R. 4503: Mr. CHAMBLISS. Mr. SOUDER, Mr. BORSKI, Mr. NETHERCUTT, H. Con. Res. 308: Mr. HINCHEY. H.R. 5194: Ms. DANNER. E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, SEPTEMBER 26, 2000 No. 116 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 9:30 a.m. on the I pledge allegiance to the Flag of the Pending: expiration of the recess, and was called United States of America, and to the Repub- Lott (for Abraham) amendment No. 4177, in to order by the President pro tempore lic for which it stands, one nation under God, the nature of a substitute. indivisible, with liberty and justice for all. [Mr. THURMOND]. Lott amendment No. 4178 (to amendment f No. 4177), of a perfecting nature. PRAYER Lott motion to recommit the bill to the RESERVATION OF LEADER TIME Committee on the Judiciary, with instruc- The Chaplain, Dr. Lloyd John tions to report back forthwith. Ogilvie, offered the following prayer: The PRESIDENT pro tempore. Under the previous order, the leadership time Lott amendment No. 4179 (to the motion to Almighty God, we accept this new recommit), of a perfecting nature. day as Your gracious gift. We enter is reserved. Lott amendment No. 4180 (to amendment into its challenges and opportunities f No. 4179), of a perfecting nature. with eagerness. We commit our way to RECOGNITION OF THE ACTING The PRESIDING OFFICER (Mr. You, put our trust in You, and know MAJORITY LEADER VOINOVICH). The Senator from Massa- that You will bring to pass what is best chusetts. for us and our Nation as we are obe- The PRESIDENT pro tempore. The Mr. KENNEDY. With the under- dient to Your guidance. We rest in You, able acting majority leader is recog- standing of the acting majority leader, Lord, and wait patiently for You to nized. if I could have the attention of the show us the way. f Senator from Ohio, I ask that the time Bless the Senators today with a spe- SCHEDULE be evenly divided. cial measure of Your wisdom, knowl- The PRESIDING OFFICER. That is edge, and discernment. Your wisdom is Mr. VOINOVICH. Today the Senate already the order. greater than our understanding, Your will begin 45 minutes of debate on the Mr. KENNEDY. I ask consent I be al- knowledge goes way beyond our com- H–1B visa bill, with a cloture vote on lowed to yield myself 12 minutes, and I prehension of the facts, and Your dis- amendment No. 4178 scheduled to occur ask consent that the Senator from cernment gives x-ray penetration to at 10:15. As a reminder, Senators have Rhode Island be allowed to follow with Your plan for America. Thank You for until 10:15 a.m. to file second-degree 10 minutes. Your Commandments that keep us amendments at the desk. If cloture is The PRESIDING OFFICER. The Sen- rooted in what’s morally right, Your invoked, the Senate will continue de- ator has just allocated more time than justice that guides our thinking, and bate on the amendment. If cloture is the Senator has. Your righteousness that falls as a not invoked, the Senate is expected to Mr. KENNEDY. As I understand the plumb line on all that we do and say. resume debate on the motion to pro- time allocation, there are 45 minutes. I Father, we pray for the reversal of ceed to S. 2557, the National Energy Se- thought I would yield 12 minutes to the spiritual and moral drift of our Na- curity Act of 2000. Also this week, the myself and 10 minutes to the Senator. tion away from You. May the people of Senate is expected to take up any ap- The PRESIDING OFFICER. Twenty- our land be able to look to the women propriations conference reports avail- two minutes a side. and men of this Senate as they exem- able for action. Mr. KENNEDY. I ask consent that plify righteousness, repentance, and I thank my colleagues for their at- the Senator from Rhode Island be per- rectitude. May these leaders and all of tention. mitted to be recognized after me in the us who work as part of the Senate fam- f remaining time, and I yield myself 12 ily confess our own need for Your for- minutes. giveness and reconciliation. Then help AMERICAN COMPETITIVENESS IN The PRESIDING OFFICER. Without us to be courageous in calling for a THE TWENTY-FIRST CENTURY objection, it is so ordered. great spiritual awakening in America ACT OF 2000 Mr. KENNEDY. I yield myself 10 min- beginning with us. You are our Lord The PRESIDENT pro tempore. Under utes at this time, if the clerk will let and Saviour. Amen. the previous order, the Senate will re- me know. f sume consideration of the bill. Mr. President, I support the pending The clerk will report the bill. H–1B high-tech visa legislation. The PLEDGE OF ALLEGIANCE The bill clerk read as follows: high technology industry needs skilled The Honorable GEORGE V. VOINOVICH, A bill (S. 2045) to amend the Immigration workers to ensure its continued a Senator from the State of Ohio, led and Nationality Act with respect to H–1B growth. As we all know, the Nation is the Pledge of Allegiance, as follows: nonimmigrant aliens. stretched thin to support these firms

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

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VerDate 26-SEP-2000 01:25 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.000 pfrm02 PsN: S26PT1 S9216 CONGRESSIONAL RECORD — SENATE September 26, 2000 that are so important to the Nation’s competitive basis for innovative high- subject to the same requirements as all continuing economic growth. Demand tech training proposals developed by other applications. for employees with training in com- the work force boards in cooperation Similarly, we must also ensure that puter science, electrical engineering, with area employers, unions, and high- the INS has sufficient funds to process software and communications is very er education institutions. This ap- high-tech visa applications and that high, and Congress has a responsibility proach will provide state-of-the-art certain institutions—all educational to meet these needs. high-tech training for approximately institutions, university teaching hos- In 1998, in an effort to find a stop-gap 46,000 workers in primarily high-tech, pitals, nonprofits, and governmental solution to this labor shortage, we en- information technology, and bio- research organizations—are appro- acted legislation which increased the technology skills. priately exempted from the fee require- number of temporary visas available to Similarly, we must also increase ment. skilled foreign workers. Despite the scholarship opportunities for talented The high-tech industry’s pressing availability of additional visas, we minority and low-income students need for skilled workers isn’t the only have reached the cap before the end of whose families cannot afford today’s immigration issue before Congress. the year in the last 2 fiscal years. tuition costs. We must also expand the There are also important family immi- The legislation before us today ad- National Science Foundation’s merit- gration issues that must be addressed. dresses this problem in two ways. The based, competitive grants to programs On several occasions in recent weeks, short-term solution is to raise the H– that emphasize these skills. Democrats have attempted to bring the 1B visa cap and admit greater numbers To provide adequate training and Latino and Immigrant Fairness Act to of foreign workers to fill these jobs. education opportunities for American the floor of the Senate for debate and a The long-term solution is to do more to workers and students, we must in- vote. Before the August recess, Demo- provide skills training for American crease the H–1B visa user fee. crats attempted to bring this legisla- workers and educational opportunities At a time when the IT industry is ex- tion before the Senate, but the Repub- for American students. periencing major growth and record lican leadership objected. Two weeks Raising the cap for foreign workers profits, it is clear that even the small- ago, Democrats were prepared to de- without addressing our domestic job est of businesses can afford to pay a bate and vote on this legislation as training needs would be a serious mis- higher fee in order to support needed part of the high-tech visa bill, but our take. We cannot and should not count investments in technology skills and Republican colleagues were unwilling on foreign sources of labor indefinitely. education. A modest increase in the to bring this measure to the floor and It is unfair to U.S. workers, and the user fee will generate approximately take a vote. Last Friday, Senator REID supply of foreign workers is limited. In $280 million each year compared to cur- asked Senator LOTT for consent to their 1999 book, The Supply of Informa- rent law, which raises less than one- offer the Latino and immigrant fair- tion Technology Workers in the United third of this amount. ness bill and the majority leader ob- States, Peter Freeman and William This fee is fair. Immigrant families jected. It is clear that Republican sup- Aspray report that other countries are with very modest incomes were able to port for the Latino community is all experiencing their own IT labor short- pay a $1,000 fee to allow family mem- talk and no action. When it’s time to ages and are ‘‘placing pressures on or bers to obtain green cards. Certainly, pass legislation of importance to the providing incentives to their indige- high-tech companies can afford to pay Latino community, the Republican nous IT work force to stay at home or at least that amount during this pros- leadership is nowhere to be found. return home.’’ perous economy. Furthermore, the jobs currently In fact, according to public financial Our Republican friends tell us that being filled by H–1B workers are solid, information, for the top 20 companies the Latino and Immigrant Fairness middle-class jobs for which well- that received the most H–1B workers Act is a poison pill—that it will under- trained Americans should have the op- this year, a $2,000 fee would cost be- mine the H–1B high-tech visa legisla- portunity to compete. The American tween .002 percent and .5 percent of tion currently before the Senate. But, work force is the best in the world—en- their net worth. A $1,000 fee would cost if Republicans are truly supportive of ergetic, determined, and hard working. them even less. the Latino legislative agenda, how can Given the proper skills and education, This fee proposal will clearly benefit that be true? American workers can fill the jobs the country in the short- and long- If they support the reunification of being created by the new high tech term. Companies get H–1B workers immigrant families, as well as the im- businesses. now, and they will benefit from the migration agenda set by the high-tech It makes sense to insist that more of workers and students served by pro- community, we should be able to pass our domestic workers must be re- grams funded with these fees. both bills and send them to the Presi- cruited into and placed in these jobs. This proposal presents a win-win, bi- dent’s desk for signature, for he strong- Countless reports cite age and race dis- partisan approach to meeting the needs ly supports this bill. But Republican crimination as a major problem in the and business and the U.S. work force. support for the Latino and Immigrant IT industry, along with the hiring of It is fair, responsible, and necessary, Fairness Act doesn’t match Republican foreign workers and layoff of domestic given the rapidly changing needs of so- rhetoric on the campaign trail. Rather workers. According to an article ciety and our prosperous economy. than admit this hypocrisy, the Senate Computerworld magazine, U.S. Census If we build on existing education and Republican leadership continues to pay Bureau data show that the unemploy- training programs and force our labor lip service to these goals while block- ment rate for IT workers over age 40 is and civil rights laws to prevent age, ing any realistic action to achieve more than five times that of other un- race, and gender discrimination, Amer- them. employed workers. ican workers and students can meet The immigrant community—particu- Similar problems face women and the long-term high-tech needs we face larly the Latino community—has wait- minorities who are under-represented in the years ahead. ed far too long for the fundamental jus- in the IT work force, and the shortage I look forward to debate on this legis- tice that the Latino and Immigrant will continue unless they are recruited lation in the days to come. I think it is Fairness Act will provide. These issues and trained more effectively by a good bill, which can be improved with are not new to Congress. The immi- schools, corporations, and government amendments to address several key grants who will benefit from this legis- programs. issues. For example, we must ensure lation should have received permanent Under the solution that may of us that the H–1B visa program is narrowly status from the INS long ago. favor, the Department of Labor, in con- focused to address the skill-shortage. The Latino and Immigrant Fairness sultation with the Department of Com- The unprecedented exemptions to the Act includes parity for Central Ameri- merce, will provide grants to local cap in the Hatch bill are unwarranted. cans, Haitians, nationals of the former work force investment boards in areas Instead, we should ensure that workers Soviet bloc, and Liberians. In 1997, with substantial shortages of high-tech with an advanced degree have priority Congress enacted the Nicaraguan Ad- workers. Grants will be awarded on a for H–1B visas within the cap, and are justment and Central American Relief

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.001 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9217 Act, which granted permanent resi- from implementing the court’s deci- nizations strongly supports the Latino dence to Nicaraguans and Cubans who sion. That is unfair, and we have a re- and Immigrant Fairness Act. This coa- had fled their repressive governments. sponsibility to remedy that. We can do lition includes the U.S. Chamber of Other similarly situated Central that. We can do that here, on this leg- Commerce, health care and home care Americans, Soviet bloc nationals, and islation. We should do it. That process associations, hotel, motel, restaurant Haitians were only provided an oppor- will permit about 300,000 Latinos to be and tourism associations, manufac- tunity to apply for green cards under a able to get their green cards and be- turing and retail concerns, and the much more difficult and narrower come legitimate workers in our econ- construction and transportation indus- standard and much more cumbersome omy. tries. procedures. Hondurans and Liberians Our bill will alleviate this problem These key industries have added received nothing. by allowing all individuals who have their voices to the broad coalition of The Latino and Immigrant Fairness resided in the United States prior to business, labor, religious, Latino and Act will eliminate the disparities for 1986 to obtain permanent residency, in- other immigrant organizations in sup- all of these asylum seekers, and give cluding those who were denied legaliza- port of the Latino and Immigrant Fair- them all the same opportunity that tion because of the INS misinterpreta- ness Act. Nicaraguans and Cubans now have. As- tion, or who were turned away by the This bill is strongly supported by a surances were given at the time that INS before applying. wide range of different groups, from we granted that kind of special consid- Our bill will also restore section the Chamber of Commerce to the AFL- eration for Nicaraguans and Cubans 245(i), a vital provision of the immigra- CIO, to the various religious groups, as that the others would follow in the tion law that was repealed in 1997 and a matter of basic, fundamental equity next year. Those assurances were given that permitted immigrants about to and fairness. by Republican Senators and the admin- become permanent residents to pay a I daresay there are probably more istration alike. Now, if we do not do fee of $1,000 and apply for green cards groups that support the Latino fair- that, we are failing that commitment. while in the United States, rather than ness—just if you look at numbers— It will create a fair, uniform set of pro- returning to their home countries to than even the H–1B. This is an issue of cedures for all immigrants from this apply. Section 245(i) was pro-family, fairness. We ought to be about doing it. region who have been in this country pro-business, fiscally prudent, and a We are being denied that opportunity since 1995. matter of common sense. Under it, im- by the Republican leadership, make no The Latino and Immigrant Fairness migrants with close family members in mistake about it. Act will also provide long overdue re- the United States are able to remain Our bill will alleviate the problem lief to all immigrants who, because of here with their families while applying also by allowing individuals who re- bureaucratic mistakes, were prevented for legal permanent residence. The sec- sided in the United States prior to 1986 from receiving green cards many years tion also allows businesses to retain to obtain permanent residency by ago. In 1986, Congress passed the Immi- valuable employees. In addition, it pro- eliminating unfair procedures. gration Reform and Control Act, which vided INS with millions of dollars in As I mentioned, this particular pro- included legalization for persons who annual revenue, at no cost to tax- posal has broad support from the busi- could demonstrate that they had been payers. Restoring section 245(i) will ness community, from the workers, present in the United States since be- keep thousands of immigrants from and from religious groups. Few days re- fore 1982. There was a 1-year period to being separated from their families and main in this Congress, but my Demo- file. jobs for as long as 10 years. cratic colleagues and I are committed However, the INS misinterpreted the The Nation’s history has long been to doing all we can to see both the provisions in the 1986 act, and thou- tainted with periods of anti-immigrant Latino and Immigrant Fairness Act sands of otherwise qualified immi- sentiment. The Naturalization Act of and the H–1B high-tech visa become grants were denied the opportunity to 1790 prevented Asian immigrants from law this year. That is what this whole make timely applications. attaining citizenship. The Chinese Ex- effort is about. Several successful class action law- clusion Act of 1882 was passed to reduce If we are going to look out for the H– suits were filed on behalf of individuals the number of Chinese laborers. The 1B—and I am all for it—we ought to who were harmed by these INS mis- Asian Exclusion Act and the National also remedy the injustice out there ap- interpretations of the law, and the Origins Act which made up the Immi- plying to hundreds of thousands of in- courts required the INS to accept fil- gration Act of 1924, were passed to dividuals whose principal desire is to ings for these individuals. As one court block immigration from the ‘‘Asian be with their families and work here in decision stated: ‘‘The evidence is clear Pacific Triangle’’—Japan, China, the the United States, and do so legally that the INS’ . . . regulations deterred Philippines, Laos, Thailand, Cambodia, and legitimately. We are being effec- many aliens who would otherwise qual- Singapore, Korea, Vietnam, Indonesia, tively shut out by the majority deci- ify for legalization from applying.’’ Burma, India, Sri Lanka, and Malay- sion to have a cloture motion filed To add insult to injury, however, the sia—and prevent them from entering which would exclude the possibility of 1996 immigration law stripped the the United States for permanent resi- inclusion. Our attempts to try to get it courts of jurisdiction to review INS de- dence. Those discriminatory provisions included have been denied. That is ba- cisions, and the Attorney General ruled weren’t repealed until 1965. The Mexi- sically wrong. that the law superceded the court can Farm Labor Supply Program—the I welcome the leadership of Senator cases. As a result of these actions, this Bracero Program—provided Mexican DASCHLE and others to make sure we group of immigrants has been in legal labor to the United States under harsh are going to address this issue before limbo, fighting government bureauc- and unacceptable conditions and we leave. Both of these matters need racy for over 14 years. wasn’t repealed until 1964. attention. Both of them deserve action. Looking across the landscape, I can- The Latino and Immigrant Fairness Both of them deserve to be passed. not think of such a group of individuals Act provides us with an opportunity to Mr. President, I reserve the remain- who were excluded from participation end a series of unjust provisions in our der of my time. in a process that would have permitted current immigration laws, and build on The PRESIDING OFFICER. The time them to work legitimately in the the most noble aspects of our American of the Senator has expired. The Sen- United States. It was the intention of immigrant tradition. ator from Rhode Island. Congress they be eligible to do so. It It restores fairness to the immigrant Mr. REED. Mr. President, I rise was the INS that misled them and ef- community and fairness in the Na- today to also speak about a grave fectively denied them that oppor- tion’s immigration laws. It is good for omission with respect to the debate tunity. The courts have found for those families and it is good for American that is ongoing regarding H–1B visas. individuals. business. There is widespread support for the Then legislation was passed to fur- The Essential Worker Immigration H–1B visa program. What has happened ther exclude them, to take away the Coalition, a consortium of businesses is that our ability to also address other jurisdiction of the Justice Department and trade associations and other orga- compelling immigration issues has

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.003 pfrm02 PsN: S26PT1 S9218 CONGRESSIONAL RECORD — SENATE September 26, 2000 been totally frustrated by this cloture sachusetts, going back to Liberia, and in a ‘‘twilight zone,’’ where they want process, by this overt attempt to elimi- then organizing his military forces to to stay in this country but face the nate amendments, to eliminate our begin this civil war. One of his first ac- threat of deportation each and every ability to deal with other issues. One in complishments, according to the New year. I hope we do better. I am dis- particular that is compelling to me is Republic, was the creation of a small appointed—gravely disappointed—we the status of 10,000 Liberians who have boys unit, a battalion of intensely did not allow an opportunity to vote on been here in the United States since loyal child soldiers who are fed crack this measure in conjunction with this 1989–1990, when the country of Liberia cocaine and refer to Taylor as ‘‘our fa- H–1B legislation. was thrust into a destructive civil war. ther.’’ Mr. President, I yield the floor. These people came here. They were This is the leader of a country who The PRESIDING OFFICER. The Sen- recognized, because of the violence in has also been implicated in a disturb- ator from Utah. their homeland, as being deserving of ance in the adjoining country of Sierra Mr. HATCH. Mr. President, I rise this temporary protective status. That sta- Leone. Month after month, we have morning to implore my colleagues to tus was granted in 1991 by the Attorney seen horrible pictures of the degrada- support cloture and to quit playing General. For almost a decade now they tions that are going on there in Sierra around with this bill. There is no rea- have been here in the United States, Leone. He is involved in that, sup- son to have a filibuster on the motion working, paying taxes, raising families porting homicidal forces in Sierra to proceed on bills as important as while not qualifying for any type of so- Leone. this. There has been a filibuster on the cial benefits such as welfare. Many of This is not a place we want to send bill. It seems to me we need to work to- these people, who are here legally, have people back to—people who have re- gether in moving forward to enact the children who are American citizens. sided in our country for 10 years, peo- American Competitiveness in the They are within hours of losing their ple who have been part of our commu- Twenty-first Century Act, S. 2045. One protection and being deported back to nities, young people particularly, who of our greatest priorities is, and ought Liberia. know very little about Liberia and will In response to this pressing dilemma, be thrust back into a situation where to be, keeping our economy vibrant I introduced legislation in March of their protection is in jeopardy and and expanding educational opportuni- ties for America’s children and its 1999 cosponsored by Senator where their future is in great jeopardy workers. That is my priority for this WELLSTONE, Senator KENNEDY, Senator in terms of access to schools and edu- country and for my own home State of DURBIN, Senator KERRY, Senator cation and other necessary programs. For months now—starting last Utah. LANDRIEU, Senator HAGEL, and Senator I am proud of the growth and devel- March—we have been lobbying inten- L. CHAFEE. Our attempt was to allow opment in my own home State that has sively to get an opportunity at least to these Liberians the opportunity to ad- made Utah one of the leaders in the vote on legislation that would allow just to permanent resident status and country and in the world in our high- these individuals to adjust to perma- one day become citizens of this coun- tech economy. Utah’s IT—or informa- nent status. That legislative approach try. There are 10,000 located across the tion technology—vendor industry is country. They have been contributing has been frustrated time and time among Utah’s largest industries and members of these communities. Yet, again, most recently with the decision among the top 10 regions of IT activity because of the process we have adopted that we would not accept certain in the United States. here, because of the unwillingness to amendments to this H–1B visa bill. Notably, Utah was listed among the take up this issue—which is a key im- In fact, one of the ironies is that of top 10 IT centers in the world by News- migration issue, along with the H–1B— those 10,000 Liberians, many of whom week magazine in November 1998. The these individuals are perhaps facing ex- were professionals in their homeland, I growth of information technology is pulsion from this country in the next suspect at least a few of them are nowhere more evident and dramatic few days. working in these high-tech industries. than in my own home State of Utah. I hope we can deal with this. It is es- If they are, the irony is that we would According to UTAA, the Utah Informa- sential we do so. One of the great iro- be sending them home so that the high- tion Technologies Association, our IT nies of our treatment of the Liberians tech community can complain about vendor industry grew nearly 9 percent is that at the moment we are prepared losing workers and needing more H–1B between 1997 and 1998 and consists of to deport them to Liberia, we are urg- visas. I think simple justice demands 2,427 business enterprises. ing American citizens not to go to that that we do both, that we press not only In Utah and elsewhere, however, our country because it is so violent. for H–1B visas but also for some of the continued economic growth and our Our State Department has released issues that have been addressed by Sen- competitive edge in the world economy official guidance to Americans warning ator KENNEDY, and the issue in Liberia. require an adequate supply of highly them not to travel to Liberia because These people deserve a chance to adjust skilled high-tech workers. This re- of the instability, because of the poten- their status and become full-fledged mains one of our greatest challenges in tial for violence, because of the inabil- Americans. the 21st century, requiring both short- ity of civil authorities to protect not There is some discussion that they and long-term solutions. This legisla- only Americans but to protect anyone should go back to Liberia, but as I have tion, S. 2045, contains both types of so- in Liberia. tried to suggest in my remarks, this is lutions. So we are at one time saying, don’t a country that is chaotic at best. The Specifically, a tight labor market, go to Liberia if you are an American Government is really subservient to increasing globalization, and a bur- citizen, but unless we pass this legisla- the leadership of the President, Charles geoning economy have combined to in- tion or unless, once again, the Presi- Taylor. It is an area of the world where crease demand for skilled workers well dent authorizes deferral of forced de- there are not social services and the beyond what was forecast when Con- parture—essentially staying the depor- basic economics of the country are gress last addressed the issue of tem- tation of these Liberians—we are going faulty. I think all of these together porary visas for highly skilled workers to send these people back into a coun- suggest compellingly the need to allow in 1998. Therefore, my bill, once again, try to which we are advising Ameri- the individuals to adjust. increases the annual cap for the next 3 cans not to go. I hope in the next few days, or in the years. Although this country had a demo- remaining days of this legislative ses- But that is nothing more than a cratic election a few years ago, it was sion, we will have another opportunity short-term solution to the workforce an election more in form than sub- to address this legislatively. I certainly needs in my State and across the coun- stance. It is a country governed by a hope that if we are unable to do so, the try. The longer term solution lies with President who is a warlord, someone cause will be taken up by the adminis- our own children and our own workers who is not a constructive force for tration when it comes to discussions and in ensuring that education and peace and progress in that part of Afri- for the final legislative initiatives of training for our current and future ca. In fact, he started his political ca- this Congress, so we will not leave workforce matches the demands in our reer by escaping from a prison in Mas- these people once again in a gray area, high-tech 21st century global economy.

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.007 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9219 Thus, working with my colleagues, I lemma when employers find that they world. It makes sense, and it has wide- have included in this bill strong, effec- cannot grow, innovate, and compete in spread support throughout Congress. tive, and forward-looking provisions di- global markets without increased ac- It is being delayed by just a few peo- recting the more than $100 million in cess to skilled personnel. Our employ- ple in this body—maybe not so few but fees generated by the visas toward the ers’ current inability to hire skilled a number of people who basically claim education and retraining of our chil- personnel presents both a short-term they are interested in the information dren and our workforce. These provi- and a long-term problem. The country technology industries and high-tech in- sions are included in the substitute needs to increase its access to skilled dustries themselves but who want to which is before us today. personnel immediately in order to pre- play politics with this bill. We are here today, however, as this vent current needs from going unfilled. I think we ought to quit playing poli- session of Congress comes to a close, To meet these needs over the long tics and do what is right for our coun- with the fate of this critical legislation term, however, the American education try. This is a bipartisan bill that really extremely uncertain. Frankly, when system must produce more young peo- ought to be passed today. this bill was reported by the committee ple interested in, and qualified to With that, how much time do both by an overwhelming vote of 16–2, I enter, key fields, and we must increase sides have remaining? thought we were on track to move this our other training efforts, so that more The PRESIDING OFFICER. The Sen- rapidly through the Senate. I offered to Americans can be prepared to keep this ator from Utah controls all remaining sit down with other Members, includ- country at the cutting edge and com- time and he has 9 minutes. Mr. HATCH. Mr. President, I yield ing Senators KENNEDY, FEINSTEIN, and petitive in global markets. the 9 minutes to my colleague from LIEBERMAN, to work with them on pro- The Hatch substitute to S. 2045 ad- visions regarding education and train- dresses both aspects of this problem. In Louisiana. Ms. LANDRIEU. Mr. President, I ap- ing. We have done that. I am pleased to order to meet immediate needs, the bill preciate being yielded the remaining report that the substitute to which I raises the current ceiling on temporary time. visas to 195,000 for fiscal year 2000, fis- have referred reflects many of their I am a supporter of the H–1B visa leg- cal year 2001, and fiscal year 2002. In ideas and proposals. islation and have been so for quite I look forward to working with my addition, it provides for exemptions some time, recognizing that it is very colleagues in the coming days to try to from the ceiling for graduate degree re- important for our country to make the avoid a confrontational process. I hope cipients from American universities accommodations to be able to supply we can get this done for American and personnel at universities and re- this great and booming economy the workers and children and for our con- search facilities to allow these edu- skilled workers necessary. I have been tinued economic expansion. cators and top graduates to remain in voting accordingly. The situation, as I understand it, is the country. This debate should bring more ur- that there is little disagreement on The Hatch substitute to S. 2045 also gency to our discussion on how to this bill itself. I have heard no argu- addresses the long-term problem that strengthen our public school system, ments that the high-tech shortage is too few U.S. students are entering and our college training opportunities, and not real or that we should not move excelling in mathematics, computer our technical college network in this forward with this short-term fix. Rath- science, engineering and related fields. Nation so that in the future we don’t er, it appears that the only dispute has It contains measures to encourage have to fill these slots with workers been whether or not we use the bill as more young people to study mathe- who are not Americans; that we can fill a vehicle for other major and far-reach- matics, engineering, and computer them with hard-working Americans be- ing changes in our immigration policy science and to train more Americans in cause our school system and our edu- over which there is much contention these areas. cation system have met the challenge and which could scuttle this bill. And I Under predecessor legislation en- the taxpayers have laid out for us. We think those who are trying to get us in acted in 1998, a $500 fee per visa is as- cannot hold our industries hostage be- that posture understand that. sessed on each initial petition for H–1B cause perhaps there has been some fail- I sincerely hope we can move forward status for an individual, on each initial ing on our part to provide the kind of today. I hope my colleagues will over- application for extension of that indi- educational system this Nation needs. whelmingly support this modest H–1B vidual’s status, and on each petition That is why I have been supportive. required on account of a change of em- increase and quit delaying this bill. In addition, I wish there was more ployer or concurrent employment. Let’s get it through. This bill has im- support in this body for including the Under the Hatch substitute, this portant training and education pro- Latino fairness provision. I am dis- money is used to fund scholarships for posals for the children and workers in appointed that the amendment tree low income students and training for the 21st century. was filled in order to keep those of us The Hatch substitute amendment to U.S. workers. Using the same assump- on both sides of the aisle, Democrats S. 2045, the American Competitiveness tions on the rate of renewals, changes and Republicans, from considering this in the 21st Century Act, is a com- of employer and the like that the com- as a proper place to add this important prehensive legislative proposal to in- mittee and the administration relied legislation—not to kill it, not to slow sure America’s continued leadership on in estimating the impact of the 1998 it down, but to make it stronger. That edge in the Information Age. It takes legislation, the increase in visas should is such an important issue to the both short-term and long-term steps. result in funding for training, scholar- Latino community, to Hispanic Ameri- Let me summarize the proposal. With ships and administration of H–1B visas cans who are looking for the same jus- regard to long-term steps, this bill in- of approximately $150 million per year tice and equality that was promised for vests in the American workforce over fiscal year 2000, fiscal year 2001, the Hondurans and Guatemalans as through a designated stream of funding and fiscal year 2002 for a total of $450 provided for the Nicaraguans. for high-tech job training; K–12 edu- million. This should fund approxi- I will be supplying a more in-depth cation initiatives; authorizes a new mately 40,000 scholarships. This is im- statement on that subject. program which provides grants for portant. The PRESIDING OFFICER. All time after school technology education; and Mr. President, I hope my colleagues has expired. Under the previous order, helps our educational and research will vote for cloture today. I hope we the clerk will report the motion to in- communities by exempting them from can put this bill to bed. I hope there voke cloture. the cap on high-skilled professionals. won’t be any postcloture filibusters. I The assistant legislative clerk read No. 2., the short-term steps: This bill hope there won’t be any postcloture as follows: addresses immediate skilled worker delays. CLOTURE MOTION Let us get this bill passed. It is crit- needs by authorizing a modest increase We the undersigned Senators, in accord- in temporary visas for high-skilled pro- ical to our country. It is critical to our ance with the provisions of rule XXII of the fessionals. information technology age, to our Standing Rules of the Senate, do hereby When skilled professionals are at a high-tech communities, and it is crit- move to bring to a close debate on amend- premium, America faces a serious di- ical to keep us the No. 1 Nation in the ment No. 4178 to Calendar No. 490, S. 2045, a

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.009 pfrm02 PsN: S26PT1 S9220 CONGRESSIONAL RECORD — SENATE September 26, 2000 bill to amend the Immigration and Nation- The Senator from Mississippi [Mr. LOTT] called the Latino and Immigrant Fair- ality Act with respect to H–1B non-immi- for Mr. CONRAD, proposes an amendment ness Act. grant aliens: numbered 4183. We have had, in recent days, an in- Trent Lott, Chuck Hagel, Spencer Abra- Mr. LOTT. Mr. President, I ask unan- ability to bring up legislation that is ham, Phil Gramm, Jim Bunning, Kay imous consent that reading of the Bailey Hutchison, Sam Brownback, extremely important to the Senate. Rod Grams, Jesse Helms, Gordon amendment be dispensed with. This legislation deals with a number of Smith of Oregon, Pat Roberts, Slade The PRESIDING OFFICER. Without issues that were discussed on the floor Gorton, Connie Mack, John Warner and objection, it is so ordered. yesterday briefly, but it deals with the Robert Bennett. The amendment is as follows: lives of hundreds of thousands of peo- The PRESIDING OFFICER. By unan- (Purpose: To Exclude certain ‘‘J’’ non- ple. imous consent, the mandatory quorum immigrants from numerical limitations In 1996, there was slipped into one of call under the rule is waived. applicable to ‘‘H–1B’’ nonimmigrants) the bills a provision that took away a The question is, Is it the sense of the At the end of the bill, add the following: basic, fundamental American right of Senate that debate on amendment No. SEC. . EXCLUSION OF CERTAIN ‘‘J’’ NON- due process. 4178 to S. 2045, a bill to amend the Im- IMMIGRANTS FROM NUMERICAL As a result of legislation we passed in migration and Nationality Act with re- LIMITATIONS APPLICABLE TO ‘‘H–IB’’ 1986, thousands of people who came to NONIMMIGRANTS. this country were entitled to apply to spect to H–1B nonimmigrant aliens, The numerical limitations contained in shall be brought to a close? section 2 of this Act shall not apply to any adjust their legalization status. How- The yeas and nays are required under nonimmigrant alien granted a waiver that is ever, inserted in legslation that we the rule. subject to the limitation contained in para- passed in 1996, was language that, in ef- The clerk will call the roll. graph (1)(B) of the first section 214(l) of the fect, denied them a due process hear- The assistant legislative clerk called Immigration and Nationality Act (relating ing. the roll. to restrictions on waivers). Mr. KENNEDY. Will the Senator Mr. REID. I announce that the Sen- AMENDMENT NO. 4201 TO AMENDMENT NO. 4183 yield for a question? ator from Hawaii (Mr. AKAKA), the Sen- Mr. LOTT. Mr. President, I now call Mr. REID. I am happy to yield to my ator from California (Mrs. FEINSTEIN), up amendment No. 4201. friend for a question. and the Senator from Connecticut (Mr. The PRESIDING OFFICER. The Mr. KENNEDY. I don’t want to inter- LIEBERMAN) are necessarily absent. clerk will report. rupt the line of thought of the Senator. The result was announced—yeas 94, The legislative clerk read as follows: I understand the majority leader put in nays 3, as follows: The Senator from Mississippi [Mr. LOTT] place two amendments that were actu- [Rollcall Vote No. 256 Leg.] proposes an amendment numbered 4201 to ally Democratic amendments—at least amendment No. 4183. YEAS—94 one amendment was proposed by Mem- bers of our side. I have been in the in- Abraham Fitzgerald McConnell Mr. LOTT. Mr. President, I ask unan- Allard Frist Mikulski imous consent that reading of the stitution now for 38 years, and I have Ashcroft Gorton Miller amendment be dispensed with. never heard of another Senator calling Baucus Graham Moynihan The PRESIDING OFFICER. Without up someone else’s amendment before Bayh Gramm Murkowski Bennett Grams Murray objection, it is so ordered. the Senate. Biden Grassley Nickles (The text of the amendment is print- We want to be involved in the sub- Bingaman Gregg Reid ed in today’s RECORD under ‘‘Amend- stance of this and get the H–1B meas- Bond Hagel Robb ments Submitted.’’) ure put on through. But I am just won- Boxer Harkin Roberts Breaux Hatch Rockefeller Mr. LOTT. Mr. President, I suggest dering if I understand correctly that Brownback Helms Roth the absence of a quorum. the majority leader now has filed a clo- Bryan Hutchinson Santorum The PRESIDING OFFICER. The ture motion and gone ahead and called Bunning Hutchison Sarbanes up the Senator’s amendment. Maybe Burns Inhofe Schumer clerk will call the roll. Byrd Inouye Sessions The legislative clerk proceeded to that Senator has been notified; maybe Campbell Jeffords Shelby call the roll. he is on his way here. But I am just Cleland Johnson Smith (NH) Mr. REID. Mr. President, I ask unan- wondering, I say to the deputy leader Cochran Kennedy Smith (OR) Collins Kerrey Snowe imous consent that the order for the for the Democrats, whether I under- Conrad Kerry Specter quorum call be rescinded. stand the situation correctly. Is that Craig Kohl Stevens The PRESIDING OFFICER. Without the understanding of the Senator from Crapo Kyl Thomas objection, it is so ordered. Nevada, that this is the situation? Daschle Landrieu Thompson DeWine Lautenberg Thurmond Mr. LOTT. Mr. President, I suggest Mr. REID. Mr. President, this is in- Dodd Leahy Torricelli the absence of a quorum. teresting. This is an unusual situation Domenici Levin Voinovich Mr. REID. I had the floor, Mr. Presi- where we have amendments that have Dorgan Lincoln Warner Durbin Lott Wellstone dent. been filed by other Senators being Edwards Lugar Wyden The PRESIDING OFFICER. The Sen- called up by someone else. I think it is Enzi Mack ator from Nevada has the floor. very transparent, I say to my friend Feingold McCain Mr. REID. Mr. President, would the from Massachusetts and others within NAYS—3 Chair be so kind as to explain where we the sound of my voice, it is very trans- Chafee, L. Hollings Reed are on the legislation now before the parent. All we want is a fair debate and Senate? NOT VOTING—3 the ability to vote on this amendment. The PRESIDING OFFICER. There For example, George W. Bush says he Akaka Feinstein Lieberman are amendments pending, first and sec- wants to make sure that our immigra- The PRESIDING OFFICER (Mr. ond degree, to the underlying text of tion laws are fair to the Hispanic popu- ENZI). On this vote, the yeas are 94, the the bill, and there is a perfecting lation of this country. If he wants to be nays are 3. Three-fifths of the Senators amendment to the committee sub- so fair to the Hispanic population of duly chosen and sworn having voted in stitute, with a second-degree amend- this country, why doesn’t he call the the affirmative, the motion is agreed ment thereto. Republican leadership in the House and to. The pending motion to recommit is Mr. REID. Mr. President, I rise to Senate to let us bring forward this leg- out of order. talk a little bit about this legislation. islation that the Hispanic communities The Chair recognizes the majority First, I think it is important to know all over America want? They won’t let leader. that we—that is, Senator KENNEDY, us do that. They know the Senator AMENDMENT NO. 4183 Senator REED of Rhode Island, myself, from Massachusetts was here to be rec- Mr. LOTT. Mr. President, I now call Senator DURBIN, Senator LEAHY, and ognized so that this amendment could up amendment No. 4183. Senator GRAHAM—have a very impor- be offered. The PRESIDING OFFICER. The tant amendment we believe should be I have the floor now. I had other clerk will report. considered during the time we are de- things to do this morning, but with The legislative clerk read as follows: bating this issue. Our amendment is Senate procedures such as they are, I

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.011 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9221 had the opportunity to get the floor, notified to come over here and deal time about how we want to encourage and I am going to keep the floor for a with this. What is going on here? people to work. These groups want to while because I am going to talk about Mr. REID. Mr. President, let me an- work. They want to work. They are un- what is going on in this country. swer a number of questions because the able to work because of the refusal of Does the Senator have a question, Senator asked a number of questions. the majority leader to permit consider- without my losing the floor? First of all, I spoke yesterday to the ation of this amendment. Mr. KENNEDY. Yes. So that people National Restaurant Association. I I see we are joined by the Senator watching this have some under- agree with my friend from Massachu- from Illinois. standing, we have an H–1B proposal setts that it is important we do some- Then the majority leader calls up that is before the Senate, and there is thing for high-tech workers. I support Democrats’ amendments without even virtual unanimity in the Senate in efforts in Congress that have allowed notifying the Senators they are being favor of it. There are some differences 430,000 people to come to the United called up. in terms of the training programs, to States to be high-tech workers, prin- This is rather embarrassing, I would make sure we get additional funding so cipally from India—— think, for Members to have amend- these jobs will be available for Ameri- Mr. KENNEDY. A good chunk from ments called up and they are over in cans down the road. Maybe people are China. India is No. 1 and China is No. 2. their office trying to do constituency trying to block that particular amend- Mr. REID. Yes, I agree with the Sen- work. Their constituencies are going to ment. These are good jobs. Why should ator from Massachusetts. I am glad we wonder: Where in the world is my Sen- we not have training for Americans to have done that. ator? His amendment, or her amend- be able to have these jobs in the fu- There is another group of people the ment, is before the Senate. Where is ture? I would like to be able to make restaurant owners believe should be al- that individual? that case and move ahead. lowed to come. They are essential In 38 years I have never seen that. There are other amendments, as the workers, skilled and semi-skilled work- I hope we are not going to have lec- tures from the other side: Well, we are Senator pointed out. On the one hand— ers. We have hundreds of thousands of in charge around here. Evidently they I ask my colleague if he doesn’t agree— jobs in America today that aren’t being don’t care very much about the rules, we are looking out after the high-tech filled. Why? Because there aren’t or at least about the courtesies and the community with the H–1Bs. There is a enough Americans to take the jobs. degree of civility we have had about need also in Massachusetts, and I sup- That is why we have, as listed on the calling up other Senators’ amend- port that. On the other hand, there is a chart behind the Senator from Massa- ments. This goes just as far as I can need in terms of equity, fairness, jus- chusetts, so many supporters from the possibly imagine. business community of the Latino and tice, and also economically to make an The one thing that bothers me is, adjustment of status so that men and Immigrant Fairness Act. If we had a what is it that they fear? What is it women who are qualified ought to be bigger board, we would have three possibly that they fear which causes us able to get a green card to be able to times that many names on it. to have to take all of this time to pass Mr. KENNEDY. If the Senator will work. It just so happens they are this legislation? Latinos. withhold, here is another chart show- Maybe the Senator from Illinois will Evidently, that is the difference here, ing double the numbers of groups that respond. I want to direct it to the Sen- as far as I can figure out. Otherwise, I support this proposal as well. These are ator from Nevada. What is it that they can’t understand why, on the one hand, all of the groups. Here is the National fear? Why is it that they take these ex- we are permitting and encouraging Restaurant Association listed in sup- traordinary, unique, exceptional steps people to go to high-tech, but not to go port of this proposal. to deny a fair debate about fairness to to work in some of the other indus- What is the argument on the other Latinos? tries, even though the Chamber of side? I thought I heard somebody say, Mr. REID. In answer to the Senator, Commerce, the AFL, and the various ‘‘We don’t want to confuse these I repeat that I have the greatest re- church groups are in strong support of issues.’’ I don’t think there is much spect for the thousands of people who it. The economics of it are that there is confusion about what is being consid- came to this country and are here now a very critical need for it. ered around here. There isn’t a lot of as a result of H–1B legislation. It is Can the Senator possibly explain why confusion about it. It is very basic and very important. Those high-tech jobs we are being denied an opportunity to rather fundamental. The adjustment of are important. But I say to my friend complete our business in terms of the status that was applied just over a year from Massachusetts that it is just as high-tech and also in the other areas ago in terms of the Nicaraguans and important to people who work in these that have been strongly supported by Cubans was going to be extended to restaurants and who work in these groups across this country? As far as I others, including the El Salvadorans, health care facilities as nurses, as can figure out, it is that they are basi- Hondurans, Haitians, and Guate- cooks, as waiters, as waitresses, and as cally of Hispanic heritage. malans. They have been effectively dis- maids, their jobs are just as important I am asking a question to the Sen- criminated against. We were going to because people who are running these ator from Nevada. Has the Senator adjust for those. And then for about establishments need these essential heard one reason from the other side— 300,000 citizens here in this country workers. That is who they are. ‘‘Essen- because it is the other side that is stop- who are being denied a green card, tial workers.’’ They are skilled and ping this—why they won’t do it? What under the law, according to the courts, semi-skilled workers. is the reason? Why won’t they engage they should be entitled to go to work. I say to my friend from Massachu- in a debate on this particular issue? All The courts have said it was a bureau- setts that we have had a hue and cry we have, Mr. President, is silence on cratic mistake that they were denied from the people on the other side of the the other side. Here we are trying to that opportunity to be able to get a aisle and from the Governor of Texas give fairness to the Latinos and green card to go to work. Then the and others saying they believe there against the background where we had Congress went ahead and effectively should be fairness to Latino immi- two Members on the other side, Sen- withdrew the authority of the Justice grants. The best way to express that ator ABRAHAM and Senator MACK, who Department to implement what the desire for fairness is to allow us to vote last year said they favored these kinds courts have found was a gross injustice on this measure. of adjustments for the Latinos. They and gross unfairness to Latinos. Effec- Let’s have an up-or-down vote on the said it in the last Congress. I don’t tively, they wiped out their remedy. amendment offered by myself, the Sen- doubt that that is their position now. What this amendment will do is just ator from Massachusetts, the Senator We can dispose of this in an hour or give them the opportunity to make from Illinois, Senator REED of Rhode so this afternoon. But what possibly is that adjustment. This is all about Island, and Senator GRAHAM of Florida. the reason the majority leader says, working. It is about working. It is Let’s move this debate along. We could no, we are not going to deal with that? about a green card and working. That speed up the time. We would agree to a We are going to call up amendments of is what this is basically about. We hear half hour evenly divided. It could take other Senators who haven’t even been lectures from the other side all the 30 minutes. Vote on it and move on.

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.015 pfrm02 PsN: S26PT1 S9222 CONGRESSIONAL RECORD — SENATE September 26, 2000 I would like to see how people would I have the floor, and I will be happy to opposition on the Republican side and express themselves on this vote. It is answer. support for an amendment on the very important. Mr. HATCH. I did. Isn’t it going to Democratic side. I have a constituency that is watch- cost us $1.4 billion to give amnesty to In the normal course of debate, you ing this very closely. The State of Ne- these illegal immigrants? ultimately lead to a vote on an amend- vada has the sixth largest school dis- Mr. REID. I would be happy to re- ment. As I understand it, the Repub- trict in America: the Clark County spond to the question. licans have denied us the right to offer School District. In that school district, First of all, we are not talking about an amendment. Is that correct? over 25 percent of the children are His- illegal immigrants. We are talking Mr. REID. The Senator is correct. panic. about giving people who are in this It would seem to me the best way to In Nevada, we also have 20,000 people, country due process. handle this is to accept the two amend- the majority of whom are Hispanic who Mr. HATCH. Illegally in this country. ments. We, the minority, will accept, are unable to work because they were, Mr. REID. And whether or not they on a voice vote, the two amendments in effect, denied due process by a are entitled to remain in this country. that have been filed, and then I think sneaky thing put in the 1996 act. I want I believe in due process. One of the the fair thing would be to allow us to them to have a due process hearing to basic and fundamental assets that we proceed on an amendment that has determine whether or not they should have in this country, which sets us far been filed. It is right here: Mr. KEN- remain in the United States. I believe and above any other country, is the NEDY, for himself, Mr. REID, Mr. DUR- the vast majority would remain here legal system. We require and expect BIN, Mr. REED, Mr. GRAHAM, Mr. LEAHY, because fairness would dictate that due process. Mr. WELLSTONE, and Mr. DASCHLE sub- they should. What we are saying is the bill that mitted an amendment intended to be That is what this is all about—basic we passed in 1996 gave amnesty to peo- proposed by them to the bill, S. 2045, fairness. That is why we call it the Im- ple who had been in this country for an the Latino and Immigrant Fairness migrant Fairness Act. extended period of time. A provision Act of 2000. I say to anyone within the sound of was stuck in the 1996 Immigration Re- Mr. DASCHLE. Let me ask the as- my voice that if we are interested in form bill that denied these people due sistant Democratic leader, I have to speeding up what is going on here in process. Some of them didn’t meet the say for those who may not have Washington, in the Congress, let’s have deadline to file for their amnesty be- watched the 106th Congress, we have a vote on this measure that Senator cause the INS ignored a law that we established a new threshold. It used to KENNEDY, I, and others are pressing. passed and President Reagan signed be anytime a majority opposed an We will agree. I said we will take 30 into law. amendment, they would vote against minutes, but we would agree to 10 min- The question is not how much it is it. They would perhaps make a motion utes evenly divided. Let’s have a vote going to cost the Government but how to table an amendment, we would have up or down on this measure. much it is going to cost the business Mr. HATCH. Will the Senator yield the debate, they would vote, and the sector in this country. for a question? issue would be behind us. Oftentimes, The U.S. Chamber of Commerce, the Mr. REID. I yield to the Senator for the minority would lose. That is the American Health Care Association, the a question without losing my right to way it used to be. American Hotel and Motel Association, the floor. Then our colleagues on the other side Mr. HATCH. What seems interesting the American Nursing Association, the of the aisle raised it another notch. to me is I helped to lead the fight years American Nursery and Landscape Asso- They said: We don’t think you ought to ago in 1996 in my own committee to in- ciation, Associated Builders and Con- have the right to offer an amendment, crease legal immigration in this coun- tractors, and the Associated General so we will file cloture on a bill denying try. I have led the fight for that. We Contractors support this amendment. I you the right to even offer an amend- are talking about giving amnesty to il- could read further for the next 15 min- ment. That was the new threshold. legal immigrants while not increasing utes and give chart after chart of orga- We have gone through many, many of the caps on legal immigration. Some- nizations that support this amend- these—in fact, a record number. I have thing is wrong. ment. given presentations on the floor re- Mr. REID. Is that the question? We believe it is good for the Amer- garding the number of times our col- Mr. HATCH. Let me complete my ican economy. It is good for American leagues have actually filed cloture to question. In order to make my question industry. It is the fair thing to do. deny us the right to offer an amend- clear, I have to make these points. Mr. DASCHLE. Will the assistant ment. We can’t get caps lifted on legal im- Democratic leader yield for a question This now reaches way beyond that. migration. It is my understanding that as well? For the first time—maybe in history— on the H–1B bill—which just had a 94 to Mr. REID. I would be happy to yield our Republican colleague, without his 3 vote and that should pass right out of to my friend, the Democratic leader, even knowing it, has offered a Demo- here, has had hearings, and everything for a question, without losing the floor. cratic amendment, has second-degreed else—you want to hold it hostage be- Mr. DASCHLE. I ask the assistant that amendment, continued to file clo- cause you want to give amnesty to Democratic leader—I wasn’t on the ture, to say with even greater deter- 500,000 illegal immigrants. floor when this began. I ask if the Sen- mination, we are not going to let you Mr. REID. Is that the Senator’s ques- ator from Nevada could confirm what I offer an amendment. tion to me? understand to be our circumstance. I I ask the assistant Democratic leader Mr. HATCH. Let me ask my question. apologize for not being here sooner. in the time he has been in the Senate Is it not true that this major new am- But as I understand the circumstances, whether he can recall a time when we nesty program, which has not had one our Republican colleagues have filed have ever seen the majority go to that day of hearings, if it passes would le- cloture on second-degree amendments, length to deny Members the right to galize up to 2 million people? I know and they had intended, as I understand offer an amendment in the RECORD there are those on your side who say it, to file it on the bill and made a mis- dealing with immigration or any other there are one-half million illegal immi- take. We understand that. They have issue for that matter? grants. Is it not true that the price tag created a problem for themselves that Mr. REID. I have not. I don’t think for this major new amnesty program to they are trying to get out of. anyone else has. I say to the leader and legalize up to 2 million people is al- But my question is: I ask the Senator anyone else listening, all we want to most $1.4 billion, and that the under- from Nevada if the issue is whether or do—— lying bill that we are trying to pass not we ought to have the right to offer Mr. HATCH. Parliamentary inquiry. here—the H–1B bill—would basically an amendment. The PRESIDING OFFICER. The Sen- provide the high-tech workers that we We have been debating the issue of ator from Nevada has the floor; does he absolutely have to have? immigration as if an amendment were yield for a parliamentary inquiry? Mr. REID. With the greatest respect, pending. We have been debating this Mr. REID. I do not. I say to my friend, ask me a question. issue assuming that somehow there is Mr. HATCH. Just this point.

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.018 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9223 Mr. REID. I am happy to yield to my as he knows how, that he will demand minorities in South Dakota; in fact, friend, without losing the floor, Mr. this legislation be addressed before the there are very few. He is doing this be- President, or any of the time I might end of the Congress. He has said that. cause it is the right thing to do. It is have. I ask unanimous consent the If we don’t do it on this, on what will fair to people who are in America and Senator from Utah be allowed to direct we do it? want the right to have their status ad- a parliamentary inquiry to the Chair So I ask the assistant Democratic justed or reviewed in a due process without my losing the floor. leader if he shares my conviction that, hearing. That doesn’t sound too unrea- The PRESIDING OFFICER. Without first, this extraordinarily unique set of sonable to me. objection, it is so ordered. circumstances again reflects the oppo- Mrs. BOXER. Will my colleague yield Mr. HATCH. My colleague is always sition on the part of the majority to for a question? gracious. I have heard this comment basic fairness procedurally and basic Mr. REID. I will be happy to yield for about this being the first time anybody fairness with regard to Latinos in this a question from my colleague from has called up another person’s amend- country today? California without losing the floor. ment. Parliamentary inquiry: Is this Mr. REID. I answer the leader’s ques- Mrs. BOXER. I thank my friend. I the first time? tion as follows: First of all, it is very thank him and Senator DASCHLE, our As I recall, last year Senator REID clear that the President will accept leadership team here, for what you are called up an amendment of Senator nothing short of this legislation. In doing. The Senator from Utah asked, I JEFFORDS. fact, there is a letter. I don’t think it thought, a very reasonable question Mr. REID. Would the Chair repeat is any secret. We have more than 40 when he said: What is this going to the question? signatures from the Democrats—we cost? The PRESIDING OFFICER. The only needed 34—to the President, say- I say to my friend, on the issue of question was, Is this the first time this ing if, in fact, he does veto this, we will cost—and I think this is important— has happened? Do you recall Senator sustain that veto. what happens to a family when the REID calling up an amendment of Sen- I also say to my friend, it is obvious worker in that family is told to leave? ator JEFFORDS? That was the question. the majority does not want this legis- Because if we do not pass this law— ‘‘Riddick’s Rules of Procedure,’’ on lation to pass. They are trying to con- which is what our friends want; they do page 34, cites several examples. fuse it. The managing word is always not want us to pass this law—that Mr. HATCH. This isn’t the first time. ‘‘illegal immigration.’’ This is not worker goes back to the country of ori- Mr. REID. Reclaiming the floor, I say about illegal immigration. It has ev- gin and has to wait 10 years there, to my friend from Utah, there may erything to do with fairness in our im- leaving behind—let us say it is a man have been other occasions, and the migration laws, and helping the Amer- in this case—a wife and children, chil- Chair certainly is right in indicating ican business community in essential dren who are citizens of this country. that it has been done before. Mr. HATCH. Will the Senator allow fields where they cannot fill the jobs. My friend from Utah says: Illegal. In Nevada, we have approximately Those are American children. If we the Chair to state the answer to my 20,000 people who want to work—who do not act, their dad is going to be de- parliamentary inquiry? Mr. REID. The Chair already stated want to go back to work. They have ported. For 10 years they will have to the answer. had their work cards withdrawn. They wait. What happens to the cost when a Mr. HATCH. I don’t think so. have had their mortgages foreclosed. wage earner has to leave this country, The PRESIDING OFFICER. The an- They have had their cars repossessed. perhaps for up to 10 years, leaving the swer was on page 34 of Riddick’s; there People in America who have children— children behind? The Senator pointed are several examples of that having wives, husbands, American citizens— out the business community is without happened. all they want is a fair hearing. All they workers, so they are going to have to Mr. DASCHLE. Would the assistant want is a fair hearing that would allow pay more to get fewer workers. That is Democratic leader yield? them to keep their families together. a cost. But what is the cost if these Mr. REID. I am happy to yield to the That is what this legislation is all people have to go on welfare, I say to Senator. about. my friend, because the breadwinner is Mr. DASCHLE. Mr. President, I Mr. DASCHLE. If the Senator will summarily removed from this country think the point I was trying to make, yield for one last question, I also yield because we have failed to act on this and I asked the response of the assist- the Senator from Nevada 30 minutes of immigration fairness act? ant Democratic leader, I don’t know my time. Mr. HATCH. Will the distinguished that I have ever seen the majority go I hope the Latino community, the Li- assistant leader yield for another par- to the extremes they have on so many berian community, all of those commu- liamentary inquiry? of the levels I have described to deny nities concerned about this immigra- Mr. REID. The cost here is very ap- Members the right to offer amend- tion language, understand why we are parent. First of all, this person is being ments. here. We are here in the last days of deported without a due process hear- Have there been precedents where the this session to make right the problem ing. Senators have offered another Demo- that has existed all too long. We want Mrs. BOXER. Right. crat or Republican amendment? Of to make it right. The President wants Mr. REID. This person being deported course. But have they done so with all to sign this legislation. Unfortunately, leaves behind a job that is unfilled. of the other layers of opposition, apparently with unanimity, every one That employer looks and looks to try parliamentarily, that have been now of our Republican colleagues oppose to find somebody to fill that job. What shown to be the case here? Again, I this. We haven’t heard one of them is the cost of that, and then the cost, argue, no, they have not. I think this is come to our position on this issue. many times, to our welfare system, our the most remarkable set of cir- I hope the Latino community under- criminal justice system, our education cumstances. stands that. I hope those who are con- system. What is amazing to me is we have al- cerned about fairness at the end of this Mrs. BOXER. Exactly. ready offered a limit on time. All we session understand that. I hope they Mr. REID. The costs are untold. I do want is a simple opportunity to debate will do all they can to reflect their not know what they would be, but we the issue for a brief period so we can be feelings and their opinions before it is know they would be remarkably high. on record with regard to fairness for too late. We still have time to do this. There are sociologists and mathemati- these many millions of immigrants We still should do it this week. We cians who could figure it out. That is who are looking to us right now for re- ought to do it on this bill. I hope our why I say to my friend from California, lief. That is all they are doing. Wheth- Republican colleagues will reconsider. we have dozens and dozens and dozens er they are Liberians, whether they are I thank the Senator for yielding. of groups of people and organizations Latinos, we have a responsibility in Mr. REID. The Senator is a national that support doing something. this Congress to respond. leader as part of his responsibilities. I said earlier, I say to my friend from The President has said to me person- The Senator from South Dakota is not California—I spoke yesterday to the ally, and he has said in as many ways doing this because there are a lot of National Restaurant Association. They

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.020 pfrm02 PsN: S26PT1 S9224 CONGRESSIONAL RECORD — SENATE September 26, 2000 are desperate for people to work in not playing by the rules, and they were unflinching in this—they have said this their establishments. They are des- not entitled, under the 1996 provision legislation will pass or this Congress perate for people to clean dishes, wait that was tucked into the immigration will not adjourn. We have enough votes tables, cook food, serve food. I say to reform bill, to a due process hearing. to sustain a veto. I think we are in my friend from California, that job They were saying: good shape. may not be very glamorous, one of I worked at Caesar’s Palace. I was a cook. Several Senators addressed the those jobs I have described, but it is I made good money. I had a union job. I Chair. just as important to the individual who bought my own home. I have lost my home, Mr. REID. I am happy to yield to my has it as the 420,000 high-tech jobs that I have lost my car, and now I am being asked friend from Vermont. My friend from we have allowed people from outside to lose my family. That is unfair. I have Illinois indicated he had a question. I the U.S. to come here to fill, just as American children. Here, do you want to see will be happy to yield to my friend them? Here they are. important. from Illinois for a question without Mr. HATCH. Will the assistant mi- So I say to my friend from California, losing the floor. nority leader yield for a parliamentary it is absolutely mandatory that we Mr. LEAHY. And then, Mr. President, inquiry? push this legislation. I am so grateful if he will yield to me for a question Mrs. BOXER. When I am completed I that Vice President GORE has stated also? am sure there will be time for others, publicly that he supports this legisla- Mr. DURBIN. I thank the Senator but I do not want to lose my train of tion; not some different legislation, not from Nevada for leading this debate. I thought. trying to wiggle out of it—he supports think it is important from time to What my friend has said is when this legislation. time, as we get into debate, if the Sen- someone asks what is the cost of this I say to George W. Bush, I can’t ator would respond, for us to recap immigration fairness act amendment, speak Spanish. I have three children where we are so those who are trying we are saying it is more costly not to who speak fluent Spanish. I can’t speak to follow the debate understand it. act because of the impact on the busi- Spanish. He shows off speaking the lit- The underlying bill, the H–1B visa ness community and their ability to tle bit of Spanish he knows. Let him bill, will allow companies in America get help is huge. The impact on the speak English and come here and tell to bring in skilled workers from over- family, when the breadwinner has to us he supports this legislation. That seas. They are telling us they cannot leave behind American citizen children will show he supports the Hispanic find those workers in America’s labor and perhaps the mom has to go on wel- community in America and their prior- pool. We decided under the H–1B visa, fare, is very high, not to mention the ities. in 1998, to increase the number who cost of splitting up families. My friend Mr. HATCH. Will the Senator yield? could be brought in this fiscal year to has been a leader on this, as has my Mr. REID. I will yield for a question 107,500. They are telling us that number friend from Utah as well. We know without losing the floor. is inadequate. They cannot find the what happens when parents split up. Mrs. BOXER. Mr. President, I ask to workers in America to fill their needs We know the costs to society. We know be added as cosponsor to this amend- and they do not want to move their what happens to the kids. We know ment, that is so important, to the companies overseas. what happens to people using alcohol Latino and Immigrant Fairness Act. So the underlying bill—I ask the Sen- to dull the pain and all those things, The PRESIDING OFFICER. Without ator from Nevada to confirm this—the when a family is summarily split objection, it is so ordered. underlying bill, at the request of busi- apart. Mrs. BOXER. The last question I nesses across America, would increase I do not hear my friends on the other have is this: Our colleagues are up in the number who can be brought in for side saying, ‘‘change the law for Nica- arms about allowing us to have a vote these skilled labor jobs to 195,000 a raguans or Cubans.’’ Good for them, we on this, but they are bringing out year. Am I correct? should allow those people to stay. amendments without even asking the Mr. REID. Yes. I say to my friend What about the Salvadorans? authors if they want them attached to from Illinois, that is part of the bill. Mr. REID. I respond to my friend this particular bill. It amazes me. There are other things included in it, from California by saying she is abso- I guess the final question I have for but that is absolutely right. lutely right. But one cost we have not my assistant leader is this: If our Mr. DURBIN. So the idea behind the calculated is: What is the cost to a friends on the other side do not like underlying bill is that, at the request family that is broken up? I said on the this bill, why do they not just vote of business, we will bring in these floor yesterday, and I will repeat—I am against it? We are not asking to pass skilled workers so they can continue to sorry some will have to listen to it this without a vote. Are we not asking thrive in this economy, continue to more than once—Secretary Richard- for the ability to put this on the Sen- create more jobs, and not have to move son, now Secretary of Energy, was Am- ate floor, debate it very briefly—or as their businesses overseas? bassador to the United Nations. He long as they want? You yourself said, I Mr. REID. I say to my friend from Il- came to Nevada. We had a good day think, you would take 10 minutes of de- linois, we hear a hue and cry—and you visiting, doing work. bate and whatever the other side and I have been doing some of the cry- The last stop of the day was at a wants. Is it not their right to vote ing—about the businesses moving over- recreation center in an area of Las against this fairness legislation if they seas. One reason they are doing that is, Vegas that is mostly Hispanic. As we so desire? of course, there is cheap labor overseas. were approaching, our staffs said: Let’s Mr. REID. I say to my friend from But the other is they can’t find enough take you in the back door because California, as usual, you brought people to do the work here. So they there is a big demonstration out front. things down so it is very easy to por- throw their arms up and ask us to help We think you should not be disturbed. tray what is going on here; that is, them. You can go in; we have people we have they do not want to vote. I believe it is so important we under- invited in and you could have a con- Mrs. BOXER. That is it. stand this legislation, of which the versation. Mr. REID. They don’t what to vote. Senator from Illinois has been a con- We thought it over and we said, no, They want to be able to go home and stant supporter, and as a cosponsor of we are going to go in the front door. As say they are for all this fairness and the amendment we have filed, this we walked in the front door, we saw immigration. How can they prove it? Latino and Immigrant Fairness Act of hundreds of people, many with brown Well, because they say so. 2000. faces—although I have to tell you there I say to my friend from California, Let’s not confuse this. My friend were many white faces as well and they the only way to prove this is to allow from Utah raised the words: ‘‘Illegal were there to tell Secretary Richard- us to vote. This is a basic principle. If immigration. Aren’t we supporting ille- son and I that what was happening was you don’t like something, vote against gal immigration?’’ Let the Record be unfair. They qualified under the 1986 it. spread with the fact this is not about amnesty, but they had taken more It appears to me that because the illegal immigration. This has every- than a year to file because the INS was President and Vice President have been thing to do with fairness—fairness not

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.023 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9225 for some mystical people off on the ho- If the Senator would yield for a fur- Mr. REID. I will yield without losing rizon but for human beings who live in ther question? my right to the floor. But before yield- Las Vegas, who live in Winnemucca, or Mr. REID. I am happy to yield with- ing to my friend, without losing my Chicago, and other places throughout out losing my right to the floor. right to the floor, I want to say to my America. All they want is a chance at Mr. DURBIN. I think the distinction friend from Vermont—— the American dream. They are not ask- here on the H–1B visa question is, we The PRESIDING OFFICER. The Sen- ing for anything other than a fair hear- are talking about bringing new work- ator can only yield for a question. ing and the right to work as they know ers, new skilled workers, in on a tem- Mr. REID. I understand that. I have how. porary basis to fill the needs of compa- the floor. I am just making a state- Mr. DURBIN. If the Senator would nies. The amendment, which we want ment. further yield for a question, the under- to offer and which the Republicans are I say to my friend from Vermont, I lying bill, at the request of the busi- resisting, deals with workers already in am so proud of you. I say that for this ness interests in this Nation, will allow America, many of whom are asking to reason: I saw some statistics the other us to increase the number of skilled be treated fairly under our immigra- day about the State of Vermont. You immigrants coming in on temporary tion laws. Business and labor, as well, have very few minorities in Vermont. visas to 195,000 a year. are saying they deserve to be treated For you to be the national leader on The amendment which the Senator fairly. this issue that you have been takes a from Nevada, Mr. REID, the Senator As an example, the Senator from Ne- lot of political courage. It would be from Massachusetts, Mr. KENNEDY, as vada has talked about those who came easy for you to be an ‘‘immigrant well as the Senator from Rhode Island, to this country, started families, start- basher,’’ to talk about how bad illegal Mr. REED, Senator LEAHY of Vermont, ed working, paid their taxes, never immigrants are and how bad it is to be and I want to offer to this legislation once committed a crime, building their dealing with this issue. But you, as the even addresses it, I think, with more communities and their neighborhoods, ranking Democrat on the Judiciary persuasion because the Latino and Im- and are now caught in this snarl, this Committee, have stepped forward. I say to my friend, the Senator from migrant Fairness Act, which we are tangle, this bureaucratic nightmare of Vermont, you have stepped forward in pushing as an amendment to this bill, the Immigration and Naturalization a way that brings a sense of relief to is supported not only by the U.S. Service. They are asking for their this body because you have no dog in Chamber of Commerce but by the AFL– chance, as many of our parents and the fight, so to speak. You are here be- CIO as well. Business groups and labor grandparents had, to become American cause you are trying to be a fair arbi- groups have come together and said: If citizens legally and finally. ter. You are the ranking Democrat on you are going to address the issue of It strikes me as odd that those of us the Judiciary Committee. That is why immigration, jobs, keeping the econ- in the Senate who understand how bad we, the rest of the members of the mi- omy moving, don’t stop with the H–1B, this immigration battle is for individ- nority, have followed you as a leader uals and families would resist this 195,000; deal with American workers on matters relating to things that amendment, the Latino and Immigrant who are here who need to be treated come through that very important Ju- Fairness Act. fairly. diciary Committee. In my office in Chicago, in my sen- Am I correct in saying to the Senator I am happy to yield to my friend atorial office, two-thirds of the case- from Nevada, this is one of the rare ex- from Vermont for a question, without amples I have seen on an immigration work is on immigration. We are in a my losing the floor. issue where business and labor have constant battle with the INS. What our Mr. LEAHY. Mr. President, my friend come together so strongly, saying to us amendment seeks to do is to say these the Senator from Nevada has given me this is the best thing for workers and people deserve fair treatment. For more credit than I deserve, but I do their families and the economy, the goodness’ sake, you can call yourself a strongly support the Latino and Immi- amendment we are cosponsoring—the compassionate conservative or a com- grant Fairness Act, as just that, a mat- amendment being resisted by the Re- passionate liberal or a compassionate ter of fairness, as something we should publican leadership, is it the same moderate, but if you believe in compas- do. Whether we have a large immigrant amendment? sion, how can you resist an amendment population in our States or not, this is Mr. REID. I say to my friend from Il- that is going to give to these families something where Senators are going to linois—and I apologize for not answer- here in America—working hard, build- reflect the conscience of the Nation, as ing the last question directly; the Sen- ing our Nation—a chance to be treated this body should. ator from Illinois has projected what is fairly under the law? My question is this. I was over at one absolutely the question before the Sen- Mr. REID. I respond to my distin- of our latest investigation committee ate; and that is, we, the Democrats, guished friend from Illinois, all these meetings. We tend to investigate rath- have been willing to support bringing people want is a fair hearing. Some of er than legislate in this body. I was at high-tech workers here. In fact, almost them, after they have a fair hearing, a meeting where the Senate decided to 500,000 of them have come here to work may not have merits to their case, and go ahead and investigate the Wen Ho because the high-tech sector which is they may have to go back to their Lee investigation and, thus, hold up fueling our economy needs such work- country of origin. But in America, the FBI, who were supposed to be de- ers. shouldn’t they at least be entitled to a briefing Dr. Wen Ho Lee today under All we want to do is make sure that fair hearing where they have due proc- the court agreement. Instead, in the other essential workers—which is how ess? The obvious answer is yes. Senate we jumped in, feet first, to I refer to them—skilled and semi- I appreciate very much the leader- interfere with that. I had to be off the skilled workers come here so that they ship of the Senator from Illinois on floor to serve as Ranking Democrat of are able to do the work at Ingersoll- this issue and his ability to articulate Judiciary at that hearing. So I wonder Rand, at Harborside Healthcare Cor- something that is so important. We all if the Senator from Nevada could ex- poration, at Cracker Barrel Old Coun- have the same situation in our offices, plain the parliamentary procedure in try Store, at Carlson Restaurants those of us who have large minority which we find ourselves. It seems some- Worldwide and TGI Friday’s, and at the populations. In my office, I have two what of a strange one. Brickman Group, Ltd. Spanish-speaking people working in Mr. REID. I am happy to respond to As the Senator has indicated, the my Las Vegas office, one in my Reno my friend from Vermont. There will American Federation of Labor, the office, the purpose of which is to work probably be chapters of books written American Chamber of Commerce— on these very difficult cases. I think it about what has gone on today. It is where else have we been able to see is very good that the Senator from Illi- going to take some political scientists these two groups coming together nois can condense an issue so under- and some academicians to figure out pushing a single piece of legislation? I standably. what went on here today. can tell you one other, and that is a It is my understanding that the Sen- As of now, Senator CONRAD from Patients’ Bill of Rights. ator from Vermont wishes me to yield. North Dakota filed an amendment, ac- Mr. DURBIN. That is right. Mr. LEAHY. Just for a question. cording to the unanimous consent

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.029 pfrm02 PsN: S26PT1 S9226 CONGRESSIONAL RECORD — SENATE September 26, 2000 order that was in effect. The majority During that time, I do not recall a case and Republicans, on a bipartisan way leader called up his amendment with- where a majority leader, even though to limit debate, that amendment would out notifying the Senator from North they have the ability to call up an be moved out of order; is that correct? Dakota. Then Senator LOTT called Sen- amendment, has ever done that with- Mr. REID. I would say to the ator CONRAD’s amendment and then of- out giving notice first to the Senator Chair—— fered a second-degree amendment to who sponsored the amendment. That is Mr. HATCH. May I get an answer to Senator CONRAD’s amendment. It was during my now almost 26 years with all my question? very unusual. these distinguished, both Democratic The PRESIDING OFFICER. The Sen- The purpose, of course, is so we, the and Republican, majority leaders. Has ator from Nevada has the floor. minority, once again, would be stymied it been the experience of the distin- Mr. REID. I would say to my friend, from offering an amendment and how guished Democratic deputy leader that through the Chair, I have no problem would that be so? Because the majority if the leader is going to call up another with the Senator making these par- does not want to vote on amendments, Senator’s amendment, that they give liamentary inquiries. July 25, I don’t whether it is an amendment on wheth- the sponsor notice? know if that is right, but that is fine. er we should close the gun loophole as Mr. REID. I say to my friend from I also think, as we say in the law, his to whether emotionally disturbed peo- Vermont, there was an interesting dis- inquiry is not at this time justiciable. ple or criminals, may buy guns at gun cussion on the floor yesterday where a The fact that the Parliamentarian, through the Chair, ruled that this shows or pawnshops. That doesn’t Senator mentioned another Senator’s amendment, if offered, would not be sound too unreasonable to me. This is name on the floor without advising germane does not mean that that rul- a loophole that should be closed. They that Senator that he was going to be ing is taking place now. There is no won’t let us vote on the Patients’ Bill using his name. And the most senior Democrat disagreed with that. He said ruling at this stage. of Rights either. The PRESIDING OFFICER. That is Mr. HATCH. Will the Senator yield it was unfair to talk about another Senator when that Senator was not on correct. for a simple parliamentary inquiry? Mr. REID. Did the Senator have Mr. REID. They won’t let us vote on the floor. If we carry that logic to what the other parliamentary inquiries. anything dealing with prescription Mr. HATCH. Yes, parliamentary in- Senator just asked, I think it would drugs, school construction, or lowering quiry. also be improper if Senator LEAHY filed class size, as well as on the very ‘‘bad’’ The PRESIDING OFFICER. Is there an amendment pursuant to an order concept called the minimum wage. objection? They don’t allow us to vote on that be- that had been entered into the Senate Mr. REID. As long as I don’t lose the cause they don’t want to be recorded. and the Senator from Nevada, without floor. You know how they will vote; they will saying a word to the Senator from The PRESIDING OFFICER. Without vote no. Vermont, called it up. objection, it is so ordered. Mr. HATCH. Will the Senator yield Now, we have been told by the Par- Mr. HATCH. As I understand it, the for a parliamentary inquiry? liamentarian that there have been amendment, No. 4184, would not be ger- Mr. REID. I say to my friend from times in the past when other Senators mane. Vermont, that is why we are in the po- have called up other Senator’s amend- Mr. REID. I am reclaiming the floor. sition we are in. ments. We all know that. I have called I say to my friend from Utah, that Mr. HATCH. Will the Senator yield up amendments for you when you question has already been answered. for a—— haven’t been here. The PRESIDING OFFICER. The Sen- Mr. REID. Once again, we are pre- Mr. LEAHY. With my permission. ator from Nevada can reclaim the vented from moving forward. The Sen- Mr. REID. With your permission. And floor. ate has worked a couple hundred years you have done the same for me. That is Mr. REID. At an appropriate time, I to vote on amendments. But recently the way it works. But to do something hope we have the opportunity to offer we have a new style. If you don’t vote where the Senator is over in his office this amendment. I came to the floor on something, you are better off than if waiting for a time to be able to offer Friday and asked unanimous consent you do. his amendment and it is suddenly that we be allowed to proceed to this. In fact, I saw something earlier today called up, I am not totally aware of What the minority is saying, is that where the majority leader said ‘‘that this. there is no need to play any parliamen- when the Republicans aren’t here, their I say, through the Chair, to my friend tary games. What we want to do is to popularity goes up.’’ But here is the from Utah, I would be happy to yield to be able to have an up-or-down vote on quote: my friend from Utah for a parliamen- amendment No. 4184, whether the un- We were out of town two months and our tary inquiry, if I do not lose the floor. derlying legislation was filed on July approval rating went up 11 points. The PRESIDING OFFICER. Is there 25, February 1, or 2 minutes ago. We objection? Without objection, it is so That was from February 3, 2000, by want a vote on the Latino and Immi- ordered. grant Fairness Act of 2000. We want a the leader. I think they have just ex- Mr. HATCH. I have three or four par- vote. But, if the majority is going to tended this a little bit. Not only when liamentary inquiries. I will make them come in here under some parliamen- they are out of town does their ap- very short. tary guise and say that it is not ger- proval rating go up, I think they It is my understanding, is it not, that mane, that is their right. But I want learned that if they don’t have to vote, the Latino fairness bill, amendment everyone to know—and I spread it their approval rating doesn’t go down. No. 4185, was just introduced on July 25 across the record of this Senate—that Mr. LEAHY. Will the Senator yield of this year; is that correct? for a further question? The PRESIDING OFFICER. The is an obstacle that is unnecessary. Mr. REID. I am happy to yield to my Chair does not have access to those They should allow us to vote on this if friend from Vermont, without losing dates. they believe that there should be fair- my right to the floor. Mr. LEAHY. Is that a parliamentary ness, as we have tried to outline here Mr. HATCH. Will my friend yield for inquiry, Mr. President? today, people who are already here, al- a parliamentary inquiry? Mr. HATCH. Is it not true that the ready working, or trying to work. We Mr. LEAHY. On this question, I have amendment called the Latino fairness are not hauling in new people from out- been here now with a number of distin- bill is No. 4184 and that it is not ger- side the borders of the country. We guished majority leaders, all of whom mane because 94–3, Republicans and want the people here to have a fair have been friends of mine: the Senator Democrats, have voted for cloture; is shot. That is all we want. If the major- from Montana, Mr. Mike Mansfield; the that correct? ity does not want that, let them vote Senator from West Virginia, Mr. ROB- The PRESIDING OFFICER. It is the against it. I started out saying we ERT C. BYRD; the Senator from Ten- opinion of the Chair that amendment would have an hour evenly divided. nessee, Mr. Howard Baker; the Senator No. 4184 is not germane. Then I said a half hour evenly divided. from Kansas, Mr. Robert Dole; the Sen- Mr. HATCH. Parliamentary inquiry: We are down to 10 minutes now, 5 min- ator from Maine, Mr. George Mitchell. Since the Senate voted 94–3, Democrats utes a side, that we would take on this.

VerDate 26-SEP-2000 01:38 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.032 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9227 We want an up-or-down vote. I think it What the legislation the Senator who are here, no matter how they got is fair to have an up-or-down vote on from Vermont has pushed, and we have here, should be entitled to basic fair- this amendment. gotten a little money on some of his ness. So I thank my friend from Rhode Mr. LEAHY. Will the Senator yield legislation, we need to make sure that Island for trying to help more than for another question? in rural America, rural Nevada, in 10,000 Liberians get a fair hearing. That Mr. REID. Yes, without my losing my places such as Ely and Pioche and po- is basically what this is all about. right to the floor. lice officers in these rural places in Ne- My friend from Florida has been on Mr. LEAHY. Mr. President, the Sen- vada get the same protection against the floor now for a long period of time. ator from Nevada makes a compelling the criminal element that the people He has indicated to me that he has a argument. Consider the extraordinary who are police officers in the big cities question. I am happy to yield for a and, I believe, unprecedented procedure have. So the Senator from Vermont is question without my losing the floor. of the majority leader in calling up an absolutely right. We have a game being Mr. GRAHAM. I thank the Senator. amendment of a Democratic Senator played here; they don’t want to vote on Mr. President, Senator REED from who was not consulted. Note that the tough issues. They have been pretty Rhode Island has done an outstanding amendment is the amendment filed successful. And, I am sorry to say that job of bringing to our attention the just before the amendment that we they have been successful. We have plight of those 10,000 Liberians, many have been trying to have considered to spent little time debating issues and of whom are his friends in Rhode Is- provide Latino and immigration fair- voting. We have spent a lot of time land. I want to talk about another ness, the one on which we are being de- thinking about what we are going to do group of about 10,000. That is a group of nied consideration or a vote. The next, which is normally nothing. Haitians. There are many more than amendment on the Latino and Immi- My friend from Rhode Island has 10,000 Haitians who have come to the grant Fairness Act is something we asked that I yield to him for a ques- United States in the last decade, dec- ought to at least have the guts to stand tion, which I will do if I do not lose my ade and a half, fleeing first the dicta- up and vote up or down on and let the right to the floor. torship of the Duvaliers, and then the Latino population of this country Mr. REED. Mr. President, like the military dictatorship that succeeded know where we stand. Senator, I am frustrated because we the Duvaliers. Most of those Haitians I say to my friend from Nevada, this are trying to simply recognize the re- came by boat and most had no docu- exercise—to me, at least—appears to be ality that there are many, many indi- mentation. They had no papers of any an attempt to keep us from voting on viduals in the United States who have type when they came into the country. something of significance to this coun- been here for years and who deserve an Under the immigration law we passed try. Isn’t this very similar to what we opportunity to become permanent resi- in 1998, subject to one additional com- have seen on the question of judges, dents, and it is not only within the plexity—which I will talk about at an- where anonymous holds from the Re- Latino community but the Liberian other time—which we are trying to get publican side have stopped us from vot- community. These individuals from Li- resolved with this legislation, they will ing up or down on judicial nominations beria came over legally, under tem- be entitled to make their case for legal for months and years in some cases; porary protective status. That is one of residence in the United States. I think and anonymous holds from the Repub- the pieces of legislation also frustrated at this point it is important we indi- lican side are currently preventing by this device to preclude amendments. cate that in virtually every instance Senate action on the Violence Against I wonder if the Senator might am- we are talking about, we are not talk- Women Act reauthorization; and anon- plify the fact that, indeed, if we were ing about granting a legal status and, ymous holds from the Republican side successful to get a vote on this meas- certainly, not granting citizenship. have been preventing Senate action on ure, we could also address the issue of What we are talking about is giving the Bulletproof Vest Partnership Grant 10,000 Liberians who are literally per- people a chance to apply, and that Act of 2000, a bill to help fund bullet- haps hours from being deported, except their application will be accepted and proof vests to protect our State and for administrative order, and it is a given appropriate due process and con- local police officers; and anonymous population that has contributed to our sideration. Without the kind of provi- holds on the Republican side have pre- communities; and we should recognize sions we are trying to accomplish in vented passage of the visa waiver legis- that they deserve the opportunity to this Latino and Immigrant Fairness lation; and anonymous holds on the adjust to permanent status, and they Act, they can’t even submit the papers Republican side are preventing the are being ignored by these parliamen- to start the process. Senate from passing the Computer tary maneuvers—worse than ignored. Let me go back to the 10,000 Haitians Crime Enforcement Act? Is there a pat- Mr. REID. Mr. President, if there are who arrived by air. The irony is that tern here? The majority appears not to ever any prizes given by a higher being they tended to be people who were want to allow the Senate to either vote to someone who cares about a group of under a particular threat of death or for or against these measures. They people who have no one out there as serious abuse and persecution. They should at least allow us to vote. their advocate or champion, JACK REED felt the necessity not to be able to wait Mr. REID. Mr. President, I will re- from Rhode Island will get one of those for a boat but to get out as quickly as spond to only one of the things he has prizes. Nobody else has been as vocal a possible. In order to get on the air- listed because the obvious answer to proponent for doing justice to those plane, they had to go to somebody who every one is that he is right. About the 10,000 individuals who have no other counterfeits passports and other docu- bulletproof vests, that is very impor- spokesperson. I congratulate the Sen- mentation that was required to get on tant to the people of Nevada. Why? Be- ator for being very open and vocal. I the plane and get out of Haiti in the cause some people believe that Nevada, have to tell him that but for him his 1980s and early part of the 1990s. When is a State that is very rural in nature. amendment would not be part of this they arrived in the United States they That is not true. Nevada is the most legislation about which we are speak- were not without documents. But they urban State in America because 90 per- ing. I am very proud of the Senator had false, counterfeit documents. cent of the people live in the metro- from Rhode Island for the great work If you can believe it, under our cur- politan Reno or Las Vegas areas. Ten he has done. rent immigration law, we make a dis- percent live outside of Reno or Las I also respond in this way. Some of tinction between a person who is fly- Vegas. Those 10 percent, in the people I am trying to help in Ne- ing—and arguably in a severe case of Winnemucca and Lovelock, all through vada have been there 30 years—not 30 persecution—with false documents and Nevada—those little police depart- days, 30 hours, 30 months, but 30 years. is denied the right to apply for legal ments cannot afford bulletproof vests. They want a fair hearing. When I first status, whereas a person who comes As a result of that, we have people who went to law school, I heard the words with no documents at all is allowed. are hurt and not able to do their work ‘‘due process’’ and really didn’t know This legislation will correct what I as well. Some of them have to buy what that meant. I quickly came to think is one of the most indefensible their own vests and usually they are learn in law school that it is the foun- examples of unfairness to people who not very good. dation of our system of justice. People essentially are in the same condition

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.034 pfrm02 PsN: S26PT1 S9228 CONGRESSIONAL RECORD — SENATE September 26, 2000 but have a minor technical differentia- Without objection, it is so ordered. Needletrades and Industrial Textile tion—in this case, with no documents, Ms. LANDRIEU. Mr. President, I ask Employees, Service Employees Inter- OK; and, with false or counterfeit docu- a question of my good friend from Ne- national Union, National Council of La ments precluded from the opportunity vada. The Senator from Florida has Raza, League of United Latin Amer- to apply. We would eliminate that and raised some interesting questions ican Citizens, Anti-Defamation League, allow both the no-document Haitians about a particular group of people Hadassah, The Women’s Zionist Orga- and the counterfeit-document Haitians whom we, under our amendment, would nization, Hebrew Immigrant Aid Soci- the opportunity to submit their case seek to not give automatic citizenship ety, Lutheran Immigration and Ref- and attempt to persuade the INS to to but the opportunity to apply. The ugee Services, Jesuit Conference, justify granting some legal status in Senator from Rhode Island has spoken American Bar Association, American the United States. eloquently about a fairly large group of Immigration Lawyers Association, They have 10,000—what are referred applicants who are just seeking an op- Center for Equal Opportunity Club for to as the ‘‘airport Haitians’’—immi- portunity to apply. Growth, Resort Recreation and Tour- grants with all of the characteristics Does the Senator know that there is ism Management, and the National that the Senator talked about before. a very large group of people from Hon- School Transportation Association. They have lived here a long time. Many duras that are living in the New Orle- All we are saying is that these orga- of them have established families. Ei- ans area of Louisiana with families nizations are well-meaning. Why? Be- ther they have U.S. citizen children or that will really be disrupted and sepa- cause their livelihoods depend on hav- they have become positive members of rated if we don’t provide some kind of ing people to do the work. a community. They have all of the response? All we want to do is satisfy basic bases to be seriously considered for I wish the Senator could perhaps fairness. I think the way that we could legal status, but they are being denied shed some light on how difficult it is have basic fairness is if the majority even the opportunity to apply because going to be for me to have to go back would allow us the right to vote on of this peculiarly perverse unfairness to Louisiana and explain to my busi- amendment No. 4184. It is as simple as in our immigration law, which this leg- ness leaders that I am trying to help that. I know my time is up. Ms. LANDRIEU. I couldn’t agree islation—if we had a chance to take it them get visas for people to build the with the Senator more. I thank the up, debate it, and vote on it—has the ships we need, to build powerplants to fuel this economy, and to bring people Senator for yielding for that question. chance to rectify. Mr. LOTT. Mr. President, I yield my- I appreciate my good friend, Senator into this Nation, but yet I am not able self a minute of leader time and allot to get our Senate to help us keep peo- REID, giving me this opportunity to the remainder of the time to Senator ask him the question. ple who are already there employed HATCH to comment on where we are Does the Senator think we ought to and working in shipbuilding, running and some of the things that have been seize this moment and correct the un- our hotels, and our hospitals. said. The leader has done such a good job. fairness that Senator REED has pointed I know there is a lot of clarification I just wanted to come to the floor to out with the Liberians—I suggest an and correcting that the RECORD needs. equal number of Haitians—in this Na- say it is going to be very difficult for With regard particularly to workers tion? me to go back and say: While we gave in shipbuilding, I believe we have plen- Mr. REID. The Senator from Florida you some help with visas for people to ty of people in my State of Mississippi has been such a leader on immigration be brought in to help, we are taking who would be perfectly happy to fill issues generally but more specifically people away from you who are already any job that might be available in the this issue dealing with Haitians. The employed, and we weren’t able to cor- shipyards in my State. State of Florida has been greatly af- rect that. It is very clear what has happened. fected by Haitian immigrants. All we Could the Senator shed some light For weeks, for months, this bill has are saying is let these people have for people who are following this de- been delayed, stalled, by all kinds of their status adjusted. If it doesn’t work bate on how it doesn’t seem to make demands for unrelated amendments, out, they will have to suffer whatever sense that on the one hand we are giv- amendments of all kinds. That resist- consequences. But don’t deny them ing new visas to people to come into ance still continues. basic due process. our country, and yet we are telling em- The high-tech industry indicates this My friend from Louisiana asked that ployers who are desperate for workers, is vital to them—big and small—this I yield to her for a question. I would be particularly in my State of Louisiana has to be done, and there is bipartisan happy to do so without losing the right in the New Orleans area, that we are support. to the floor. going to actually take good workers The time is here. We are going to see Mr. LOTT. Mr. President, before the away from them and ship them back to very clearly whether we want to extend Senator takes advantage of that time, either Honduras or Guatemala or El these immigrants visas or not. All the I would like to make an inquiry. Salvador? delays to change the subject, deflect it, The PRESIDING OFFICER. Does the Mr. REID. Mr. President, my friend to demand votes on other things which Senator from Nevada yield? from Louisiana is absolutely right. We could tangle up and cause problems for Mr. REID. I would be happy to yield know there was a promise made to this bill will not work. We will file clo- to the majority leader without losing Honduran immigrants in this country ture. We are going to have successful my right to the floor, which I lose in 5 that their status would be adjusted the cloture and we will either get this bill minutes anyway. same as the Cubans and the Nica- done or not. Mr. LOTT. That is what I was going raguans were adjusted. I was happy to Everybody needs to understand here to inquire about. I believe we are recognize that the Cubans and Nica- and outside this Chamber that it is scheduled to take a break in 5 minutes, raguans who are here deserve that. But time we get to the issue at hand, that at 12:30, for the respective party policy for the Hondurans, this country has we have a vote, get this work done, and luncheons. I had hoped to be able to not lived up to the promise made to move on. make some comments and respond to these people. The Senators are entitled to make some of the things that were said. I The Senator is absolutely right. That their case for other amendments. I know that Senator HATCH hoped to do is why we have company after company thought we recognized last Friday in that, too. In order to do that, if he is and organization after organization our exchange that there are other bills, not going to have time yielded, I guess supporting this legislation. Senator there will be other venues where these the only alternative would be for me to DURBIN has worked very hard on it, and amendments could possibly be consid- yield leader time and ask unanimous the Senator from Louisiana has worked ered, if that is the will of the House consent that we extend the time for 5 with him. and the Senate and the Congress. minutes beyond 12:30. Is that correct, As has already been pointed out, sup- The point is, do we want to pass it or Mr. President? porters of the legislation include the not? Time is running out. It is time to The PRESIDING OFFICER. Is there Americans for Tax Reform, Empower make that decision. We will have a objection? American, AFL-CIO, Union of clear vote on it before this week is out.

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.036 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9229 I yield the floor. the assumption that this was going to forward on this legislation, and we are The PRESIDING OFFICER. The Sen- be a continuous process. What kind of not going to budge from this Congress ator from Utah. signal does this send? On the one hand, until this legislation is passed. Mr. HATCH. Mr. President, I have our government spends millions each We have a record that substantiates heard my friends on the other side talk year to combat illegal immigration the statement I just made. No. 1, we about how important this is. Why and deports thousands of persons each moved Friday, we moved today, to pro- didn’t they file the bill before July 25 year who are here illegally. But—But if ceed on this legislation. We have been of this year if it is so darned impor- an illegal alien can manage to escape denied that opportunity. tant, if politics isn’t being played here. law enforcement for long enough, we No. 2, we have letters signed by more Secondly, why did they all vote for reward that person with citizenship, or than 40 Senators and we have more this? Forty-three Democrats voted for at least permanent resident status. than 150 House Members who have cloture. If they wanted this amend- Finally, Mr. President, I hope that signed a letter to the President, saying ment, why did they vote for cloture? my colleagues are aware of the cost of if he vetoes this legislation, we will They understand the rule that, by this bill to American taxpayers. Spe- certainly support his veto. Your veto gosh, we vote for cloture, end debate, cifically, a draft and preliminary CBO will be based on the fact that the so we can pass the bill. estimate indicates this bill comes with Latino and Immigrant Fairness Act of The high-tech industry needs this a price tag just short of $1.4 billion 2000 is not included in something com- bill, but it will be brought down if we over 10 years. ing out of this Congress. can’t get it passed. The Latino fairness The bottom line is that the Senate is What we are looking to, and the vehi- bill has not even had 1 day of hearings. not and should not be prepared to con- cle that should go forward, is the Com- Yet they want to grant amnesty to il- sider this bill at this time. It raises far- merce-Justice-State appropriations legal aliens of at least a half million, reaching questions concerning immi- bill. But if there is some other area, we and some think up to 2 million people, gration policy, whose consequences will also support the President’s veto without 1 day of hearings. Where are have never been addressed by pro- on that. the amendments to increase the num- ponents. This legislation, among other things, ber of legal immigrants? Mr. REID. Mr. President, my final seeks to provide permanent and legally In 1996, we had a major debate on im- few minutes is time that has been defined groups of immigrants who are migration and there was a serious ef- given to me by the leader and that already here, already working, already fort to restrict the numbers of legal time that I claim for myself to deal contributing to the tax base and social immigrants. I fought the fight to pre- with the pending legislation, the fabric of our country, with a way to serve the number of legal immigrants. postcloture debate. gain U.S. citizenship. They are people That is Latino fairness. What my col- My friend from Utah indicated he who are already here. They are work- leagues are advocating is a major am- was wondering why we didn’t file our ing or have been working. The only nesty program for illegal immigrants, legislation prior to May of this year. I reason they are now not working is be- without 1 day of hearing. say to my friend from Utah, as he cause the Immigration and Naturaliza- Let’s just understand the 1982, 1986 knows, we have been working on this tion Service slipped into the 1996 bill situation. The fact is the bill before us, legislation for more than 2 years, fol- that these people, like the people in while termed ‘‘Latino fairness,’’ does lowing the 1996 legislation, which has Nevada, are not entitled to due process. nothing to increase or preserve the cat- caused much of the controversy and Some of my constituents in Nevada egories of illegal immigrants allowed consternation to immigrants. That is have not had the ability to have their in this country annually. If you listen the reason this legislation is coming work permits renewed. They have been to their arguments, why don’t we just forward—one of the main reasons. Fur- rejected. Some have been taken away forget all our immigration laws and let thermore, one of the main components from them. People lost their homes, everybody come in? There is an argu- of the Latino and Immigrant Fairness their cars, their jobs. I am sorry to say ment for everybody. Act would update the date of registry. in some instances it has even caused We all know what is going on: This is I introduced legislation in August of divorce. It has caused domestic abuse, a doggone political game, stopping a 1999—last year—and updated legisla- domestic violence. People who have very important bill that 94 people basi- tion in April of this year, to change the been gainfully employed suddenly find cally voted for today in voting to in- date of registry. So, I respect this isn’t themselves without a job. . .their fam- voke cloture. something we just started working on. ilies torn apart. Their idea does nothing to shorten We have been fighting for these provi- We want a vote, an up-or-down vote. the long waiting period or the hurdles sions for years. As I have said, we don’t want a lot of of persons waiting years to come to We have talked about this. In fact, in time. We will take 10 minutes, 5 min- this country, playing by the rules to May of this year, I wrote a letter to the utes for the majority, 5 minutes by the wait their turn. What we hear is an ur- majority leader urging him to move ex- minority: Vote on this bill. We will gent call to grant broad amnesty to peditiously to allow us time on the take it as it is written. what could be more than a million to floor to consider the H–1B legislation. I think anything less than an up-or- two million illegal aliens. Now, let’s be There have been no surprises. There down vote on this shows the majority, clear about what is at issue here. Some has been adequate time for all the com- who in effect run this Senate, are un- refer to the fact that a certain class of mittees of jurisdiction to hear this leg- willing to take what we do not believe persons that may have been entitled to islation at great length. There have is a hard vote. From their perspective, amnesty in 1986, have been unfairly certainly been no surprises. I guess it is a hard vote because they treated and should therefore be granted I repeat what was said earlier in this do not want to be on record voting amnesty now. That is one issue, and I debate. The Democrats, by virtue of against basic fairness for people who am certainly prepared to discuss—out- this record, support H–1B. We voted for are here. Although we are willing to side the context of S. 2045—what we cloture. We believe this legislation vote to bring 200,000 people to this might be able to do to help that class should move forward. But in the proc- country—we support that, too—we of persons. But that is not really what ess of it moving forward, we think in think in addition to the people who are S. 2912 is about. Rather, this bill also fairness that the legislation about coming here for high-tech jobs, the covers that class plus hundreds of which we speak; namely, the Latino people who have skilled and semi- thousands, if not millions of illegal and Immigrant Fairness Act of 2000, skilled jobs, who are badly needed in aliens who were never eligible for am- should move forward also. this country, also need the basic fair- nesty under the 1986 Act because that I repeat, if my friends on the other ness that this legislation provides. Act only went back to 1982. side of the aisle do not like the legisla- f This is a difficult issue, Mr. Presi- tion, then they should vote against it. dent, and one with major policy impli- We are not trying to take up the valu- RECESS cations for the future. When we sup- able time of this Senate. But what we The PRESIDING OFFICER. Under ported amnesty in 1986, it was not with are doing is saying we want to move the previous order, the Senate will now

VerDate 26-SEP-2000 01:38 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.038 pfrm02 PsN: S26PT1 S9230 CONGRESSIONAL RECORD — SENATE September 26, 2000 stand in recess until the hour of 2:15 The PRESIDING OFFICER. Is there as a member of the committee but also p.m. objection? taking the rather unusual step of invit- Thereupon, the Senate, at 12:36 p.m., Mr. REID. The ranking member and ing other interested Senators to actu- recessed until 2:15 p.m.; whereupon, the the chairman of the committee also ally participate in the markup in the Senate reassembled when called to asked that following Senator Commerce Committee. order by the Presiding Officer [Mr. WELLSTONE, Senator HATCH be recog- I credit Senator MCCAIN for making INHOFE]. nized for 30 minutes and Senator KEN- it possible for Senator MURRAY of The PRESIDING OFFICER. The Sen- NEDY be recognized for 30 minutes. Washington to come over and actually ator from Georgia. Mr. MURKOWSKI. I have another re- sit in on the hearings, which is unusual Mr. SESSIONS. Mr. President, I sug- quest that Senator THOMAS be recog- for a Member, to take the time not gest the absence of a quorum. nized for 5 minutes in the order. only to attend to her duties in her own The PRESIDING OFFICER. The Mr. REID. Democrat, Republican; committee but to take time to listen clerk will call the roll. Democrat, Republican. to witnesses in another committee, The assistant legislative clerk pro- Mr. MURKOWSKI. That is fair which she did sitting at the podium ceeded to call the roll. enough to me. with those of us on the Commerce Mr. REID. Mr. President, I ask unan- Mr. REID. I ask, further, that Sen- Committee and also participating in imous consent that the order for the ator BIDEN be allowed 15 minutes. We asking questions. quorum call be rescinded. would also say, if there is a Republican It was a good combination between Mr. SESSIONS. I object. who wishes to stand in before that, or what Senator MCCAIN allowed, which The PRESIDING OFFICER. Objec- after Senator BIDEN, they be given 15 was a little unusual, and what Senator tion is heard. minutes. MURRAY was able to participate in be- The assistant legislative clerk con- Mr. MURKOWSKI. I wonder if I could cause of her strong interest and be- tinued the call of the roll. ask the Presiding Officer—so we will cause of what has happened in her Mr. DURBIN. Mr. President, I ask have the clarification of the words—to State with the recent tragic accident unanimous consent that the order for indicate what the unanimous consent involving a pipeline which exploded, re- the quorum call be rescinded. request is. sulting in the tragic death of individ- The PRESIDING OFFICER. The The PRESIDING OFFICER. The uals from her State. Chair, in his capacity as a Senator Chair would repeat the original unani- The result of those hearings was a from Oklahoma, objects. mous consent request and add to that, compromise piece of legislation, which Objection is heard. The clerk will call the roll. Senator WELLSTONE for 5 minutes, Sen- is a 100-percent improvement over the The assistant legislative clerk con- ator HATCH for 30 minutes, Senator current situation with regard to how tinued the call of the roll. KENNEDY for 30 minutes, Senator we look at the issue of pipeline safety. Mr. DURBIN. Mr. President, I ask THOMAS for 5 minutes, Senator BIDEN This is an issue that is extremely im- unanimous consent that the order for for 15 minutes, and a Republican to be portant to my State. We have over the quorum call be rescinded. named later for 15 minutes, alternating 40,000 miles of buried natural gas pipe- Mr. MURKOWSKI. I object. from side to side. lines in the State of Louisiana. The PRESIDING OFFICER. Objec- That is the amended unanimous con- If you look at a map of our State, it tion is heard. The clerk will continue sent request. shows all of the buried pipelines. It the call of the role. Mr. MURKOWSKI. I believe Senator looks like a map of spaghetti in an The assistant legislative clerk con- THOMAS wanted to follow Senator Italian restaurant because we have tinued the call of the roll. WELLSTONE with 5 minutes. pipelines all over our State trans- Mr. MURKOWSKI. Mr. President, I Mr. REID. That is fine. porting the largest amount of natural ask unanimous consent that the order The PRESIDING OFFICER. Is there gas coming from the offshore Gulf of for the quorum call be rescinded. objection? Mexico as well as onshore pipelines The PRESIDING OFFICER. Without Without objection, it is so ordered. that distribute gas not just to the con- objection, it is so ordered. The Senator from Louisiana. stituents of my State but to constitu- f Mr. BREAUX. Mr. President, thank ents throughout the United States who you. depend upon Louisiana for a depend- ORDER OF PROCEDURE f able source of natural gas. Pipelines in Mr. MURKOWSKI. Mr. President, on Louisiana are important not just to PIPELINE SAFETY LEGISLATION behalf of the leader, I ask unanimous Louisianians but also to people from consent that Senator MCCAIN, Senator Mr. BREAUX. Mr. President, I want throughout this Nation. BREAUX, and Senator MURRAY be recog- to take a few minutes to speak to my The bill we have is one that requires nized to speak on the issue of pipeline colleagues in this body as well as to periodic pipeline testing. It says if we safety for up to 15 minutes, followed by our colleagues in the other body re- can do it from an internal inspection, Senator REID for 9 minutes; Senator garding the subject on which the Sen- we will do it that way. If that is not MURKOWSKI to be recognized to speak ate has spent a considerable amount of possible, we have to do it with what we for 20 minutes on energy policy; Sen- time; that is, pipeline safety, legisla- call a ‘‘direct assessment’’ of the lines, ator DURBIN for up to an hour on tion which passed the Senate by a which actually means companies would postcloture debate; and that all time unanimous vote, with Republicans and have to dig them up and physically in- be charged to the postcloture debate. Democrats supporting a unanimous spect the lines. Further, I ask unanimous consent that consent request to pass this legislation We require enhanced operator quali- no action occur during the above de- without any dissent and without any fications to make sure the people who scribed time. arguments against it whatsoever. are doing the work are trained and The PRESIDING OFFICER. Is there On September 9, that bill passed the have a background in this particular objection? Senate and is now pending over in the area. We call for investments in tech- Mr. REID. Mr. President, reserving other body where our House colleagues nology to look at better ways of doing the right to object, I say to my friend are taking a look at this legislation, what is necessary to ensure their safe- from Alaska we would like to proceed trying to figure out what course they ty. on the postcloture debate as rapidly as should take. States would be given an increased possible. We have a number of people This legislation passed this body by role. But I have to say that the pri- who want to speak on that. I hope that unanimous consent because of the good mary role would be the Federal Gov- this afternoon we can move along. work for over a year by colleagues in ernment’s because these are interstate I also ask that the unanimous con- both parties. I particularly commend pipelines we are talking about under sent agreement be changed to allow and thank the chairman, who I under- the pipeline safety area. Senator WELLSTONE 5 minutes for pur- stand is coming over from the Com- Communities would also be given in- poses of introduction of a bill. He merce Committee, Senator MCCAIN, for creased involvement. I think it is im- would follow Senator MURKOWSKI. his good work and for working with me portant to let them know where the

VerDate 26-SEP-2000 00:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.039 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9231 lines are and that they are being in- lines safer. We in the Senate had a re- That means it will be at least a year— spected and also to hear their sugges- sponsibility to protect the public, and I maybe longer before the issue is even tions. They don’t regulate the pipeline am pleased that the bill we passed ear- brought up again. safety requirements, but they should lier this month will go a long way to And how can we have so much faith be involved by being heard. making pipelines safer. It is a dramatic that we’ll get anything stronger—or I think to the credit of everybody, improvement over the status quo. anything at all—under a new Congress particularly Senator MURRAY, this That’s why I’ve been so dismayed by and a new President? type of feature involving local commu- what has happened in the House in re- Let me ask a simple question: nity involvement is 100 percent better cent weeks. The House of Representa- Would you take that bet if your fam- than it used to be because in the past tives has not passed—or even marked ily’s safety depended on it? I wouldn’t. there was very little involvement up—any pipeline bill, but some Mem- And I don’t think we can shirk our re- whatsoever. bers have already called our bill inad- sponsibility to protect the public this The problem we take to the floor equate. They also claim that they can year. today to talk about is time. This is not pass a better bill this year—with just a Before I finish, I do want to say rocket science. We don’t have a lot of few scheduled legislative days left in something about those who have raised time to complete this bill. We hope our this Congress. I don’t see it happening. concerns about the Senate bill. They colleagues in the House who use this I have worked on this issue for over a are good people with good motives. Senate vehicle will bring it to the floor year and that’s why I want to address In some cases, they have paid too in the other body and handle it in an those claims—because they are based high a price. They want safer pipelines. expeditious fashion. on three incorrect assumptions. The That is exactly what I want. Unfortu- I repeat, this bill passed the Senate first fallacy is that the Senate bill will nately, here in Congress—their posi- by a unanimous vote. It should not be not improve safety. We worked long tion ends up ‘‘making the perfect the controversial. It should be something and hard over many months to pass a enemy of the good.’’ And that means that our friends and colleagues in the strong bill. And this bill will improve no reform at all. other body, Republican or Democrat, safety. Looking for some ‘‘better bill’’ really would be able to say we worked to- Let’s look at some of the provisions. means no bill at all this year. Reject- gether with our Senate colleagues in Expanding the public’s right to know ing the Senate bill really means ac- an equal fashion and came to an agree- about pipeline hazards; cepting the inadequate, unsafe status ment that this is good legislation. Requiring pipeline operators to test quo for at least another year. I don’t It increases the safety of pipelines their pipelines; want another American family to look that are buried throughout the United Requiring pipeline operators to cer- at this Congress and say, ‘‘why did you States to help assure that we will not tify their personnel; drop the ball when you were so much have some of the tragic events we have Requiring smaller spills to be re- closer to improving safety?’’ had in the past. The companies we have ported; dealt with in my State support this Raising the penalties for safety viola- Passing the Senate bill means we will measure. They want some improve- tors; finally get on the road to making pipe- Investing in new technology to im- ments. They have been very helpful in lines safer. Once we’re on that road we prove pipeline safety; can always make course corrections. making suggestions, as well as individ- Protecting whistle blowers; uals and groups of concerned citizens But we’ve got to get on that road to Increasing state oversight; and start with and that’s why I urge my who have made recommendations. We Increasing funding for safety efforts. have taken all of them into consider- colleagues in the House to pass the These are clear improvements over Senate bill immediately. ation. We have a good piece of legisla- the status quo and they will make tion that we hope our colleagues will We’ve got a strong bill. Let’s put it pipelines safer. This is not a perfect into law. be able to take up. Let’s get it signed. bill, but we should not make the per- Let me make it clear: It is critical If we let some of the details guide the fect the enemy of the good. Let’s take that the House take up this bill this actions in the other body, unfortu- the steps we can now to improve pipe- year. Senator MCCAIN has done an out- nately, we may end up with nothing in- line safety. standing job. We owe the people in my stead of a good bill. Some also suggest that the Senate State, New Mexico, and other States I think we should recommend this to bill relies on the Office of Pipeline that have had accidents, to do the our colleagues and do so today. Safety too much. Now it is clear that right thing this year. I encourage this Mrs. MURRAY. I thank my colleague OPS has not done its job in the past. Congress to act. from Louisiana for his efforts in mak- That is why this bill requires OPS to ing sure we pass a bill that will im- carry out congressional mandates. And I yield the floor. prove the safety of family and children we in Congress have a responsibility to The PRESIDING OFFICER (Mr. who work or play near pipelines in this hold OPS accountable for doing its job. CRAPO). The Senator from Arizona. country. He is right; the House has an I intend to remain vigilant in this area. Mr. MCCAIN. Mr. President, before obligation now to take up the bill that Our bill includes more resources for she leaves the floor, I thank Senator we have passed in the Senate and move the agency. And today public scrutiny MURRAY. Without her unrelenting ef- it forward. I thank him and I agree on the agency—especially after a re- forts and that of her colleague, Senator with his comments. port by the General Accounting Office GORTON, I know we would not have We have been joined by the chair of and a report I requested from DOT’s in- passed the legislation through the Sen- the Commerce Committee, Senator spector general—have put the agency ate, and I know it would not have been MCCAIN, who has done a tremendous under a microscope. I am confident as comprehensive nor as carefully job in moving this legislation forward. that OPS today has a renewed commit- done. I thank the Senator from Wash- I personally thank him, as well. ment to safety. And I am pleased our ington for her outstanding work, in- It has been 16 months since a pipeline bill includes the right amount of new cluding that on behalf of the families exploded in Bellingham, Washington resources and tools to make pipelines who suffered in this terrible tragedy in and killed 3 young people. Back then, safer. her home State. I come to the floor few Americans knew about the dangers Let me turn to another assumption today to once again bring to the atten- of our Nation’s aging pipelines. But in that has been made by some. tion of my colleagues the urgency of the past year—especially after the ex- They suggest this bill could be passing and sending to the President plosion in New Mexico last month—it amended significantly this year. That’s pipeline safety improvement legisla- became clear that this Congress had to a long process even under normal cir- tion. While the Senate acted two weeks do more to protect the public. cumstances. And this year there are ago and passed S. 2438, the Pipeline As my colleagues know, it is difficult only a few days left. I don’t see how it Safety Improvement Act of 2000, the to reform any major industry in just could happen this year. House has yet to take action on pipe- one year. But it was clear that we So some critics say—we’ll start again line safety legislation. Despite the ef- couldn’t wait any longer to make pipe- next year—we’ll do better next year. forts of Mr. FRANKS, chairman of the

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.044 pfrm02 PsN: S26PT1 S9232 CONGRESSIONAL RECORD — SENATE September 26, 2000 House Subcommittee on Economic De- of House Members quite revealing when also going to touch on our realization velopment, Public Buildings, Haz- one of those harshest critics only last of the high price of natural gas, fol- ardous Materials and Pipeline Trans- year voted in support of moving a clean lowing our recognition of our depend- portation, who has introduced pipeline 2-year reauthorization of the Pipeline ence on imported oil. safety legislation that is almost iden- Safety Act out of the House Commerce Oftentimes, we do not see ourselves tical to S. 2438, the full House has not Committee and the other critic has not as others see us. I am going to read a advanced a pipeline safety bill. Time is taken any action that I have seen to paragraph from the New York Times running out. advance pipeline safety during this ses- article of September 26 called ‘‘Can- I thank our colleague from Lou- sion. They just don’t want a bill be- didate In The Balance.’’ It is by Thom- isiana, Senator BREAUX, for his active cause they are betting on being in as L. Friedman. participation. His knowledge and ex- charge next year. That is the kind of I quote: pertise on this issue has been essential. leadership the American people would Tokyo. It’s interesting watching the Amer- Mr. President, each day that passes reject. ican oil crisis/debate from here in Tokyo. without enactment of comprehensive I do not consider enacting S. 2438 to The Japanese are cool as cucumbers today— pipeline safety legislation like that ap- be the end of our work in this area. In- no oil protests, no gas lines, no politicians proved unanimously by the Senate deed, I commit to our colleagues to making crazy promises. That’s because Japan has been preparing for this day since places public safety at risk. As my col- continue our efforts to advance pipe- leagues may recall, just prior to Senate the 1973 oil crisis by steadily introducing line safety during the next Congress. natural gas, nuclear power, high-speed mass passage of the Pipeline Safety Im- I am willing for the committee to transit and conservation, and thereby stead- provement Act, a 12-inch propane pipe- continue to hold hearings on pipeline ily reducing its dependence on foreign oil. line exploded in Abilene Texas, after safety and will work to advance addi- And unlike the U.S., the Japanese never being ruptured by a bulldozer. That ac- tional proposals that my colleagues wavered from that goal by falling off the cident resulted in the fatality of a po- submit to promote it. But little more wagon and becoming addicted to S.U.V.’s— lice officer. Sadly, that accident brings can be done in the time remaining in those they just make for the Americans. the total lives that have been lost in the session. I don’t see how it could be I think there is a lot of truth to that. recent accidents to 16. possible to move any other pipeline As we reflect on where we are today, I In Abilene, the victim was a 42-year- safety bill prior to adjournment. think we have had an acknowledge- old police detective who just happened Therefore, it is urgent for the House to ment at certain levels within the ad- to pass by in his car as the propane ex- act now. ministration that they have been ploded across State Highway 36. Just The time is long overdue for Congress ‘‘asleep at the wheel’’ relative to our last month, 12 individuals lost their and the President to take action to increasing dependence on imported oil. lives near Carlsbad, New Mexico, after strengthen and improve pipeline safe- This did not occur overnight. This the rupture of a natural gas trans- ty. We simply cannot risk the loss of has been coming on for some time. We mission line. And we cannot forget any more lives by lack of needed atten- can cite specifics over the last 7 or 8 about last year’s tragic accident in tion on our part. Therefore, I urge my years, and in every section, U.S. de- Bellingham, Washington, that claimed colleagues in the House to join ranks mand is outpacing U.S. supply. the lives of three young men. and support passage of pipeline safety We saw crude oil prices last week at I repeat what I said two weeks ago reform legislation immediately so we a 10-year high—$37 a barrel—twice during the Senate’s consideration of can send the bill on to the President what they were at this time last year. the Pipeline Safety Improvement Act: for his signature. Lives are at risk if It is rather interesting to note the we simply must act now to remedy we don’t act now. Vice President’s comments the other identified safety problems and improve I thank my colleagues, and I yield day that the high price of oil was due pipeline safety. To do less is a risk to the floor. to profiteering by big oil. That is cer- public safety and will perhaps result in The PRESIDING OFFICER. The time tainly a convenient political twist, even more needless deaths. of the Senator has expired. isn’t it—profiteering by big oil. There It is my hope that I will not have to The Senator from Alaska. was no mention that last year big oil come to this floor again to implore our Mr. MURKOWSKI. Mr. President, was very generously making crude oil colleagues in the House to take action. may I ask how much time I am allotted available at $10 a barrel. You think It is not typical for me to urge the under the unanimous consent agree- they did that out of generosity? Who other body to take up a Senate bill ment? sets the price of oil? Does Exxon? Brit- without modification, but time is run- The PRESIDING OFFICER. The Sen- ish Petroleum? Phillips? ning out. ator from Alaska is provided up to 20 Big oil isn’t the culprit; it is our de- I also point out the strong support of minutes. pendence on the supplier. Who is the our legislation by the administration. f supplier? The supplier is OPEC, Saudi I will quote from Secretary Slater’s Arabia, Venezuela, Mexico. They have press release issued after Senate pas- ENERGY it for sale. We are 58-percent depend- sage of S. 2438: Mr. MURKOWSKI. Mr. President, I ent, so they set the price. I commend the U.S. Senate for taking rise to address the Energy bill which With crude oil at a 10-year high, gas- swift and decisive action in passing the Pipe- has been introduced by Senator LOTT. oline prices are once again above $1.57, line Safety Improvement Act of 2000. This We have had a good deal of discussion $1.59, in some areas $2 a gallon. legislation is critical to make much-needed improvements to the pipeline safety pro- about this country’s continuing de- Natural gas—here is the culprit, here gram. It provides for stronger enforcement, pendence on imported petroleum prod- is what is coming, here is the train mandatory testing of all pipelines, commu- ucts, particularly crude oil, to the wreck—$5.25 to $5.30 for deliveries in nity right-to-know information, and addi- point that currently we are about 58- the Midwest next month. What was it 9 tional resources. percent dependent. months ago? It was $2.16. Think of that I further want to point out my dis- As a consequence of the concern over difference. appointment that some in the other the lack of adequate heating oil sup- Utilities inventories are 15-percent body are willing to put safety at risk plies, particularly in the eastern sea- below last winter’s level. How many for what appears to be pure political board, the President, on the rec- homes in America are dependent on gain. ommendation of the Vice President, natural gas for heating? The answer is I am aware of a series of ‘‘Dear Col- made a determination to release about 50 percent, a little over 50 percent; that leagues’’ transmitted by some in the 30 million barrels from the Strategic is, 56 million homes are dependent on House harshly criticizing the Senate Petroleum Reserve. That is a signifi- natural gas in this country. How many bill. This same bill, unanimously ap- cant event. on fuel oil? Roughly 11 million. proved by the Senate, is strongly sup- I question the legality of that action. What about our electric power gen- ported by Secretary Slater for being a I question the meaning or significance eration? Fifteen percent of it currently strong bill to advance safety. There- of that action, but we can get into that comes from natural gas. What is the in- fore, I find the criticism by a handful a little later in my comments. I am creasing demand for natural gas? We

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.009 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9233 are consuming 22 trillion cubic feet with 36 percent during the 1973 Arab oil and has never been used simply to respond to now. The projections are better than 30 embargo. Recall the gasoline lines high prices or a tight market. trillion cubic feet by the year 2010. around the block at that time. The I don’t think there is any question The administration conveniently public was outraged. They blamed ev- about the intent of that statement. It touts natural gas as its clean fuel for erybody, including Government. is bad policy. Alan Greenspan has indi- the future, but it will not allow us to Sounds familiar, doesn’t it? cated an agreement, or at least that is go into the areas where we can produce Ask Tony Blair from Great Britain the impression we get. more. how he feels about the protests in Eng- The action that I indicated was ille- I remind my colleagues, I remind the land and everywhere else in Europe. It gal is illegal because it requires a Pres- Secretary of Energy, and I remind the is threatening some governments. idential finding. It is contrary to the Vice President and the President, there To ensure we have a supply to fall intent of the authority for the transfer. is no Strategic Petroleum Reserve for back on, in 1973, 1974, 1975, we created And besides, we have not reauthorized natural gas. You can’t go out and bail the Strategic Petroleum Reserve or the Strategic Petroleum Reserve. It is this one out, Mr. President. The admin- SPR. That was our response to the held up in this body by a Senator on istration has placed Federal lands off Arab oil embargo. We have about 571 the other side who is objecting to the limits to new natural gas exploration million barrels of storage in SPR. SPR reauthorization of EPCA, which con- tains the reauthorization for the Stra- and production. was set up to respond to a severe sup- tegic Petroleum Reserve. Releasing More than 50 percent of the over- ply interruption, not to manipulate SPR oil now, as I indicated, weakens thrust belt—the Rocky Mountain area, consumer price for a political effect. our ability to respond later to real sup- Montana, Wyoming, Colorado—has We can only draw down about 4.1 mil- ply emergencies. been put off limits for exploration. We lion barrels per day from SPR. Remem- have a Forest Service roadless policy Where were we 7 years ago with re- ber something a lot of Americans, a lot gard to SPR? We had an 86-day day locking up an additional 40 million of people in the media, do not under- acres; a moratorium on OCS drilling supply of crude oil in SPR. Today, we stand: The Strategic Petroleum Re- have a 50-day supply. The administra- until the year 2012. The Vice President serve is not full of heating oil or gaso- said he would even consider canceling tion has previously sold almost 28 mil- line or kerosene. It is full of crude oil. existing leases. lion barrels. They sold it at a loss of The crude oil has to be transported to You have a situation with increased $420 million, the theory being you buy demand and no new supply. What does a refinery. Our refineries are running high and you sell low. I guess the tax- this add up to? Higher energy prices for at 96 percent of capacity. payers foot the bill by making it up consumers this winter—a train wreck. The Vice President wants to release with the increased activity. I don’t This is going to happen. Yet the admin- 30 million barrels from SPR to ‘‘lower know what their logic has been, but istration sits idly by and hopes the prices’’ for consumers. I question the that is the history. election can take place before the vot- legality of that at this time because a Earlier this year, the Vice President ers read their fuel bills. drawdown can only occur if the Presi- stated: Opening SPR would be a com- So there we are. We now have situa- dent has found that a severe energy promise on our national energy secu- tions in California, in San Diego, of supply interruption has occurred. The rity. He made that statement. Obvi- electricity price spikes. We have pos- Secretary released oil without any ously, he has seen fit to change his sible brownouts. The reason is, there is such finding. His excuse is that this is mind. Everybody can change their no new generation. You can’t get per- not a drawdown; it is a swap or an ex- minds, but nevertheless I think it rep- mits for coal-fired plants. change. resents an inconsistency. What we need It takes so long to get new genera- This is the largest release of oil from is a real solution, reducing our reliance tion on line. SPR in its 25-year history, larger than on foreign oil by increasing domestic Heating and fuel oil inventories, as I during the gulf war. production and using alternative fuels, have indicated, are at the lowest level Secretary Richardson stated today incentives, conservation, weatheriza- in decades, leaving us unprepared for that the 30 million barrels of crude re- tion. I could talk more on that later. winter. It is a lack of overall energy leased from SPR may produce 3 to 5 Also, it is interesting to note that policy. million barrels of new heating oil. The the Vice President indicated his famil- As to nuclear energy, 20 percent of U.S. uses 1 million barrels of heating iarization with SPR, that he was in- the total power generated in this coun- oil per day. strumental in the setting up of it. As try comes from it. We can’t address So the obvious increase is 3, 4, 5 days’ we have noted, he was not in the Sen- what to do about the waste. This body supply. That is not very much, is it? ate under the Ford administration stands one vote short of a veto override The Secretary’s action regarding SPR when it was established. That is kind to proceed with the commitments that may have an impact on price but may of interesting because it suggests that we made to take that waste from the not have a significant impact on the he is happy to get aboard on the issue industry, waste that the consumers supply of heating oil. That is just the and, again, may have had a significant have been paying for the Federal Gov- harsh reality. role, but it is pretty hard to find the ernment to take for the last two dec- What about others? Well, Secretary record showing him having an active ades. of the Treasury Summers has indicated role. Consumers have paid about $11 bil- it is bad policy. He felt so strongly, he Another point is our increased de- lion into that fund. The Federal Gov- wrote a letter to Alan Greenspan. We pendence on Saddam Hussein and the ernment was supposed to take the have a copy of the memorandum that threat to our national security in the waste in 1998. It is in breach of its con- went from Mr. Summers, Secretary of sense that we are now importing about tract. The court has ruled that the in- the Treasury, to Alan Greenspan. I will 750,000 barrels of oil from Iraq a day. dustry can recover, and they can by- refer to it in a moment. Just before this administration, we pass anything but the Court of Claims. Releasing SPR now weakens our abil- carried out Desert Storm, in 1991–1992. That is how far that has gone. ity to respond later to real supply We had 147 Americans killed, 460 Let’s look at crude oil and SPR. emergencies. That is obvious to every- wounded, 23 taken prisoner. We contin- With crude oil prices on the rise one. But I do want to enter into the ued to enforce, and continue today to again, the administration has had to go RECORD this letter, a memorandum of enforce, a no-fly zone; that is, an aerial back to OPEC time and time again to September 13 from Lawrence H. Sum- blockade. We have had flown over ask for more foreign oil. The assump- mers, Secretary of the Treasury, to the 200,000 sorties since the end of Desert tion is, if they ask for 800,000 barrels, President. The memorandum is enti- Storm. It is estimated to cost the we get 800,000 barrels. We get 17 percent tled ‘‘Strategic Petroleum Reserve.’’ American taxpayer about $50 million. of that. That is about 130,000 barrels. Page 2, top paragraph: Yet this administration appears to be- That is our portion. Everybody gets Using the SPR at this time would be seen come more reliant on Iraqi oil. some of OPEC’s increased production. as a radical departure from past practice and What we have is a supply and demand Foreign imports into this country in an attempt to manipulate prices. The SPR issue. Domestic production has de- June were 58 percent. Compare that was created to respond to supply disruptions clined 17 percent; domestic demand has

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.049 pfrm02 PsN: S26PT1 S9234 CONGRESSIONAL RECORD — SENATE September 26, 2000 gone up 14 percent. Iraq is the fastest we had more, we don’t currently have claim to support increased use of nat- growing source of U.S. foreign oil—as I the capacity to refine it. That is what ural gas while restricting supply and said, 750,000 barrels a day, nearly 30 is wrong with releasing oil from SPR. preventing new exploration. percent of all Iraq’s exports. We have We don’t have the ability for our refin- The Vice President indicated in a been unable to proceed with our U.N. eries to take more product currently. speech in Rye, NH, on October 21, 1999, inspections in Iraq. There is illegal oil That is unfortunate, but it is a reality. he would oppose further offshore leas- trading underway with other Arab na- We had a hearing this morning. The ing and would even look to canceling tions; we know about it. Profits go to industry said they are up to maximum some existing leases. Where are we development of weapons of mass de- capacity with refinery utilization at 96 headed? Downhill. It means higher nat- struction, training of the Republican percent. We haven’t built a new refin- ural gas prices, higher oil prices, high- Guard, developing missile delivery ca- ery for nearly a quarter century. We er gasoline and fuel oil prices, plus pabilities, biological capabilities. have had 36 refineries closed in this higher electricity prices. That equals, This guy is up to no good; there is ab- country in the last 10 years. This is due in my book, inflation. solutely no question about it. The to EPA regulations. We have been poking inflation in the international community is critical of We have the issue of reformulated ribs with higher energy prices, driving the sanctions towards Iraq. But con- gas. We have nine different geo- all consumer prices higher. One-third sider this: Saddam Hussein is known to graphical reformulated gasolines in of our balance of payments is the cost put Iraqi civilians in harm’s way when this country. The necessity of that is of imported oil. We are a high-tech so- we retaliate with aerial raids. Saddam the dictate from EPA. I am not going ciety. We use a lot of electricity for our has used chemical weapons against his to go into that, but fuels made for Or- activities—computer activities, e-mail, own people in his own territory. He egon are not suitable for California; and everything else. All this boils down could have ended sanctions at any fuels made for Maryland can’t be sold to the makings of a potential economic time—by turning over his weapons of in Baltimore; Chicago fuels can’t be meltdown. mass destruction for inspection; that is sold in Detroit. We are making de- all. Yet he rebuilds his capacity to signer gasoline. The result: Refiners do What we need is a national energy produce more. He cares more about not have the flexibility to move sup- strategy which recognizes the need for these weapons than he apparently plies around the country or respond to a balanced approach to meeting our en- cares about his own people. That he is the shortages. ergy needs. We need all of the existing able to dictate our energy future is a The administration’s response? Well, energy sources. We have the National tragedy of great proportion. Still, the it is pretty hard to identify. They are Energy Security Act before us on this administration doesn’t seem to get the trying to duck responsibility, hoping floor. We want to increase energy effi- pitch. Saddam gets more aggressive. this issue will go away before the elec- ciency, maximize utilization of alter- His every speech ends with ‘‘death to tion takes place and the voters get native fuels/renewables, and increase Israel.’’ If there is any threat to their winter fuel bills. They are trying domestic oil supply and gas production. Israel’s security, it is Saddam Hussein. to keep this ‘‘train wreck’’ from occur- We want to reauthorize EPCA, reau- He has a $14,000 bounty on each ring on their watch. They blame ‘‘big thorize the Strategic Petroleum Re- American plane shot down by his gun- oil’’ for profiteering. serve. Our bill would increase our do- nery crews. He accuses Kuwait of steal- Think this thing through. Big oil mestic energy supplies of coal, oil, and ing Iraqi oil—here we go again—the profiteering: Where was big oil when natural gas by allowing frontier roy- same activity before he invaded Kuwait they gave it away at $10 a barrel last alty relief, improving Federal oil/gas in 1990. Saddam is willing to use oil to year? Who sets the price? Well, it is lease management, providing tax in- gain further concessions. The U.N. OPEC, Saudi Arabia, Venezuela, and centives for production, and assuring granted Kuwait $15 billion in gulf war Mexico, because they have the lever- price certainty for small producers. compensation. Iraq has retaliated and age; they have the supply. I think the We want to allow new exploration. said it will cut off exports. OPEC’s American people are too smart to buy Twenty percent of the oil has come spare capacity can’t make up the dif- the issue of big oil profiteering. And from my State of Alaska in the last ference. the issue related to the industry is that two decades. We can open up the Arctic He has the leverage. We really during the time that we had $10 oil, we Coastal Plain safely, and everybody haven’t focused in on that. The U.N. weren’t drilling for any gas. We lost knows it. The reason is that we want to postpones compensation hearings until about 57,000 gas wells, and I think promote new clean coal technology, after U.S. elections for fear of the im- 136,000 oil wells were taken out of pro- protect consumers against seasonal pact on the world market. He is dic- duction. Many were small. price spikes, and foster increased en- tating the terms and conditions. He So if we look at the areas where we ergy efficiency. says: You force me to pay Kuwait and get our energy, it is pretty hard to as- Regardless of how you say it, Amer- I will reduce production. We can’t sume that there is any support in the ican consumers really need to under- stand that because that is the dif- area of domestic production and explo- stand that this train wreck is occur- ference between roughly the world’s ca- ration because there is a reluctance to ring and it is occurring now. We have pacity to produce oil and the world’s open up public land. to develop a balanced and comprehen- demand for that oil. And Saddam Hus- We have seen 17 percent less produc- sive energy strategy, one that takes sein holds that difference. tion since Clinton-Gore took office. economic and environmental factors I ask unanimous consent to proceed They oppose the use of plentiful Amer- into account at the same time, and one for another 7 minutes. ican coal. EPA permits make it uneco- that provides the prospect of a cleaner, The PRESIDING OFFICER. Without nomic. We haven’t had a new coal-fired more secure energy in the future. objection, it is so ordered. plant in this country in the last several We have this energy strategy. We Mr. MURKOWSKI. I thank the Chair. years. They force the nuclear industry I will try this approach because I to choke on its own waste. Yet the U.S. have it proposed. It is on the floor of think it references our foreign policy. Federal Court of Appeals now says the this body. This administration does If I get this right, we send him our dol- utilities with nuclear plants can sue not. They are just hoping the train lars, he sells us the oil, we put the oil the Federal Government because it wreck doesn’t happen on their watch. in our airplanes and go bomb him. won’t store the waste. That could cost The consequences of over 7 years of Have I got that right? We buy his oil, the taxpayer $40 billion to $80 billion. failed Clinton-Gore energy policies are fill our planes, and go bomb him. What They threaten to tear down the hydro- now being felt in the pocketbooks of kind of a foreign policy is that? He has electric dams and replace barge traffic working American families. Mr. Presi- us over a barrel, and it is a barrel of on the river system by putting it on dent, we deserve better. oil. the highways. That is a tradeoff? They I yield the floor. Another issue that is conveniently ignore electric reliability and supply The PRESIDING OFFICER. The Sen- forgotten is refinery supply. Supply of concerns, price spikes in California, no ator from Illinois is recognized for up crude oil is not the only issue. Even if new generation or transmission. They to 1 hour.

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.052 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9235 THE ENERGY CRISIS volved in this debate for a long period want to drill in these areas first. Their Mr. DURBIN. Mr. President, I would of time. The question, obviously, is motive I can’t say, but I will tell you be remiss, following the remarks of the whether or not it is going to have any that I don’t believe it is necessary from Senator from Alaska, if I didn’t com- impact on our growing concern about an energy viewpoint. There are plenty ment on the whole energy issue, which the cost of fuel and energy, particu- of places for us to turn. But drilling for is one of great concern to families, in- larly the cost of heating oil. Well, we new oil energy sources is not the sole dividuals, and businesses across Amer- might be able to speculate for a long answer, nor should it be. We should be ica. time, but we don’t have to. exploring alternative fuel situations. I have listened carefully as critics of I call the attention of my colleagues They come to the floor regularly on the Clinton-Gore administration came in the Senate to this morning’s Wash- the other side of the aisle and mock out with statistics about the reason for ington Post in the business section. the suggestion of Vice President GORE our plight today. One that is often The headline reads ‘‘Price of Crude Oil in his book ‘‘Earth In The Balance’’ quoted, and was quoted again by the Drops Below $32.’’ Let me read from that we look beyond the fossil-fueled Senator from Alaska, is the fact that this article by Kenneth Bredemeier of engine that we use today in our auto- we have not built a new refinery in the the Washington Post: mobiles, trucks, and buses and start United States for the last 24 years. I The price of oil fell to its lowest level in a looking to other sources of fuel that do have heard this over and over again. month yesterday in the wake of the Clinton not create environmental problems. There are two things worth noting. If I administration’s announcement last week They think that is a pipedream; that it am not mistaken, during the last 24 that it is releasing 30 million barrels of oil will never occur. Yet they ignore the years, in only 8 of those years have we from the Strategic Petroleum Reserve to reality that two Japanese car compa- had a Democratic administration. So if help ensure adequate supplies of home heat- nies now have a car on the road that ing oil this winter. there has been any laxity or lack of uses a combination of the gas-fired en- diligence on the energy issue, I think He goes on: gine with electricity; with fossil-fueled that statement reflects on other ad- ‘‘It was not unexpected,’’ said John engines, and those that do not rely ministrations as much as, if not more Lichtblau, chairman of the Petroleum Indus- only on fossil fuels to prove you can than, the current administration. try Research Foundation. ‘‘It reflects the fact that inventories will be increased. This get high mileage without contami- Secondly, the people who make that is not a sharp decline, but it is headed in the nating the atmosphere. statement hardly ever note that exist- right direction. They could fall somewhat I am embarrassed to say again that ing refineries have been expanded dra- more.’’ the vehicles we are testing first come matically across the United States. Lichtblau said that while very recently from other countries. But they are That is the case in Illinois and in so there had been speculation about $40-a-gal- proving it might work. We should ex- many other States. I think it is worth lon oil, ‘‘now there’s speculation that it will plore it. It seems an anathema to my noting that to say we have ignored the drop to below $30. The assumption has friends on the other side of the aisle to changed directionally.’’ increased energy demands for our econ- consider other energy sources. omy is not a complete statement. We So those who would argue against But if we can find, for example, a hy- have responded to them. The question, Vice President GORE and President drogen-based fuel which does not con- obviously, is whether we have re- Clinton’s position on the Strategic Pe- taminate the atmosphere and gives us sponded enough. troleum Reserve, saying it won’t help the prospect of providing the energy There have also been statements consumers and families and it won’t needs of this country, why wouldn’t we made as to whether oil companies have help businesses, frankly, have been explore that? Why shouldn’t we push been guilty of price gouging or profit- proven wrong by this morning’s head- for that research? eering. Those of us in the Midwest who, line in the business section of the That is the point made by Vice Presi- this spring, endured increases in gaso- Washington Post. This is not a cam- dent GORE. It is a forward visionary line prices of $1 a gallon, and more, in paign publication, this is a report on thing that, frankly, many people in the a very short period of time did not be- the realities of the market. Of course, boardrooms of oil companies might not lieve that market forces were at work. we can’t stop with that effort. We have like to consider. But I think we owe it We believed what was at work was the to continue to look for ways to reduce to our kids and future generations to forces of monopolies that virtually can the cost of energy so that families and take a look at that. dictate prices to American consumers. businesses can continue to profit in our To go drilling in wildlife refuges and We were not alone in our belief. The strong economy. off the shores of our Nation with the Federal Trade Commission, after look- But I think the suggestion of the possibility of contaminating beaches is ing at the issue, could find no reason- Senator from Alaska embodied in this hardly an alternative to sound re- able economic or market explanation bill that we begin drilling for oil in the search. I think we should look at that for this increase in gasoline prices in Arctic National Wildlife Refuge in his research and consider it as a real possi- Chicago or Milwaukee. State is the wrong thing to do. bility. The other side would blame the Envi- I recently ran into the CEO of a f ronmental Protection Agency and vir- major oil company in Chicago. I asked tually everybody connected with the him about this. How important is H–1B VISA LEGISLATION Clinton administration. Yet there was ANWR to the future of petroleum sup- Mr. DURBIN. Mr. President, the rea- no evidence to back up those claims. plies in the United States? He said: son for my rising today is to address As a consequence, the FTC is inves- From our company’s point of view, it is the issue that is pending before us, tigating oil companies to determine a nonissue. There are plenty of sources which is the H–1B visa bill. This is a whether or not they did take advan- of oil in the United States that are not bill which addresses the issue of immi- tage of consumers, businesses, and fam- environmentally dangerous situations. gration. ilies across the Midwest. We believe it He believes—and I agree with it—that Immigration has been important to cost tens of millions of dollars to our you do not have to turn to a wildlife the United States. But for the African local economy, and I believe if any fine refuge to start drilling oil in the arctic, Americans, many of whom were forced is ultimately imposed on the oil com- nor do you have to drill offshore and to come to the U.S. against their will panies, it should go to benefit the busi- run the risk of spills that will contami- in slavery, most of us, and our parents nesses and families who were the vic- nate beaches for hundreds of miles. and grandparents before us, can trace tims of these high gasoline prices by There are sources, he said, within the our ancestry to immigrants who came these oil companies. U.S. that are not environmentally sen- to this country. I am one of those peo- The Senator from Alaska also made sitive that should be explored long be- ple. reference to the decision of this admin- fore we are pushed to the limit of find- In 1911, my grandmother got on a istration within the last few days to re- ing sources in these environmentally boat in Germany and came across the lease oil on a swap basis from the Stra- sensitive areas. ocean from Lithuania landing in Balti- tegic Petroleum Reserve. It was a hot But the Senator from Alaska and more, MD, and taking a train to East topic. Mr. Bush and Mr. GORE were in- many of our colleagues are quick to St. Louis, IL. She came to the United

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.054 pfrm02 PsN: S26PT1 S9236 CONGRESSIONAL RECORD — SENATE September 26, 2000 States with three of her children. Not could be brought in under these visas are going to work and more people are one of them spoke English. I am to 195,000 per year. making more money. As they are more amazed when I think about that—that I think it is a good idea to do this. I generous in their contributions to she would get on that boat and come say that with some reluctance because charities and as they are paying more over here not knowing what she was I am sorry to report that we don’t have in taxes at the State and Federal level, headed to, not being able to speak the the skilled employees we need in the we are finding surpluses that are language, unaware of the culture, and United States. Surely we are at a point emerging in this country. That, of taking that leap of faith as millions of record employment with 22 million course, is the topic of discussion. have throughout the course of Amer- jobs created over the last 8 years. But Unemployment is at a historic low. ican history. we also understand that some of the So are poverty rates. Our crime rates What brought her here? A chance for jobs that need to be filled can’t be are coming down. Household incomes a better life—economic opportunity, a filled because the workers are not have reached new heights. Our massive better job for her husband, and for her there with the skills. We find not work- Federal debt—an albatross around the family, but also the freedoms that this er shortages in this country but skill neck of the entire Nation—has all but country had to offer. She brought with shortages in this country. vanished, replaced by surpluses that her a little prayer book that meant so I think there are two things we ought have inspired more than a bit of eco- much to her and her Catholic church in to consider as part of this debate. nomic giddiness. Lithuania. It was printed in Lithua- First, what are we going to do about We have a need in this country for nian. It was banned by Russian offi- the skill shortage in America? Are we many high-skilled technology workers. cials who controlled her country. This going to give up on American workers We are all witnesses to this incredible woman who could barely read brought and say, well, since you cannot come technological revolution, the Internet this prayer book, considered contra- up with the skills to work in the com- revolution that is unfolding at a pace almost too rapid for the imagination to band, because it meant so much to her. puter and technology industry we will absorb. Indeed, in many respects it has She knew once she crossed the shores just keep bringing in people from over- been a revolution in modern informa- and came into America that freedom of seas? I certainly hope not. tion technology that has revolution- religion would guarantee that she I think it is our responsibility to do ized the fields of business, medicine, bi- could practice her religion as she be- just the opposite—to say to ourselves ology, entertainment, and helped to lieved. and to others involved in education and spur our robust economy. She came, as millions did, in the training that there are things we can When I visit the classrooms across Il- course of our history—providing the do to increase and improve our labor linois, particularly the grade school pool. workers and the skills and the poten- classrooms, I ask the kids in the class- The second issue I want to address in tial for the growth of this economy and room if they can imagine living in a the few moments that I have before us, this Nation. world without computers. They shake As we look back on our history, we is the whole question of immigration their heads in disbelief. I remember find that many of these newcomers to and fairness. those days, and I bet a lot of people America were not greeted with open Many of us on the Democratic side can, too. It was not that long ago. believe that if we are going to address arms. Signs were out: ‘‘Irish Need Not Technology has transformed our lives. the issue of immigration that we Apply.’’ People were giving speeches These two phenomena, a vibrant econ- should address it with amendments about ‘‘mongrelizing the races in omy and an amazing technology, have that deal with problems which we can America.’’ All sorts of hateful rhetoric combined to create an unprecedented identify. was printed and spoken throughout our level of need in American industry for I came to the floor earlier and sug- history. In fact, you can still find it skilled technology workers, for men gested to my colleagues that in my today in many despicable Internet and women to design the systems, Chicago office, two-thirds of our case- sites. That has created a political con- write the software, create the innova- work of people calling and asking for troversy around the issue of immigra- tions, and fix the bugs for all the mar- help have immigration problems. I tion, which still lingers. velous technology that sits on our spend most of my time dealing with It wasn’t that long ago that a Repub- desktops or rides in our shirt pockets. lican Governor of California led a kind the Immigration and Naturalization The Information Technology Associa- of crusade against Hispanic immigra- Service. Sometimes they come through tion of America reports the industry tion to his State. I am sure it had some like champions. Many times they do will need an additional 1.6 million popularity with some people. But, in not. People are frustrated by the workers to fill information technology the long run, the Republican Party has delays in their administrative deci- positions this year. A little more than even rejected that approach to immi- sions; frustrated by some of the laws half of these jobs will go unfilled due to gration. they are enforcing; and frustrated by a shortfall of qualified workers. Mr. The H–1B visa issue is one that really some of the treatment that they re- President, 1.6 million workers are need- is a challenge to all of us because what ceive by INS employees. ed; with only 800,000 people we cannot we are saying is that we want to ex- What we hope to do in the course of fill the jobs. pand the opportunity for people with this bill is not only address the need of Another trend marks our modern skills to come to the United States and the high-tech industry for additional age, the trend towards economic find jobs on a temporary basis. We are H–1B visas and jobs, but also the need globalization. The other day, we passed being importuned by industry leaders for fairness when it comes to immigra- the legislation for permanent normal and people in Silicon Valley who say: tion in our country. trade relations with China. It is not You know, we just can’t find enough In the midst of our lively and some- surprising that our industries are look- skilled workers in the United States to times fractious debates in the Senate, I ing for highly skilled workers in the fill jobs. hope we can all at least take a moment United States. When they can’t find We ask permission from Congress, to step back and reflect on our very them here, they start looking in other through the laws, to increase the num- good fortune. We are truly living in re- countries. ber of H–1B visas that can be granted markable times. The economy has been Why should workers in another coun- each year to those coming to our expanding at a record pace over the try want to uproot themselves, leave shores to work and to be part of these last 8 or 10 years. A few years ago we their homes and families, and make the growing industrial and economic op- were embroiled in a debate on the Sen- long journey here? The same reason portunities. ate floor about the deficits and the that my grandparents did, and their Historically, we have capped those growing debt in this country. We now parents might have before them. They who could be granted H–1B visas— find that the national topic for debate made the journey because for thou- 115,000 in fiscal year 1999 and fiscal is the surplus and what we can do with sands, America is the fairest, freest, year 2000, and 107,500 in fiscal year 2001. it. What a dramatic turnaround has oc- greatest country there is. It is a land The bill we are debating today would curred in such a short period of time. It like no other, a land of real oppor- increase the number of people who has occurred because more Americans tunity, a land where hard work and

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.056 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9237 good values pay off, a land where inno- We want future generations to have ica. Education meant something to ev- vation, creativity, and hard work are that same opportunity. erybody. People went beyond high cherished and rewarded, a land where I see my friend, Senator WELLSTONE school to college and to professional anyone, whether a long-time resident from Minnesota. He has taught for degrees. With that workforce and the whose family goes back to the Revolu- many years and is an expert in the GI bill after World War II, America be- tionary War, or a brand-new immigrant field of education. I will not try to came a symbol for what can happen clutching a visa that grants them a steal his thunder on this issue. But I when a country devotes itself to edu- right to work, can achieve this Amer- will state that as I read about the his- cation. ican dream. tory of education in America, there are Now we come into the 21st century We have before the Senate this bill to several things we should learn, not the and some people are resting on their open the door for that dream to greater least of which is the fact that at the laurels saying: We proved how we can numbers of high-tech workers, workers turn of the last century, between the do it. There is no need to look to new the information technology industry 19th and 20th century, there was a phe- solutions. I think they are wrong. I needs to stay vital and healthy. It is a nomena taking place in America that think they are very wrong. Frankly, we good idea to open that door wider. I really distinguished us from the rest of face new challenges as great as any support it. It is the right thing to do. the world. faced by those coming into the early We can do it in the right manner. We This is what it was: Between 1890 and days of the 20th century. We may not can meet the demanding needs of the 1918, we built on average in the United be facing a war, thank God, but we are technology situation and create a win- States of America one new high school facing a global economy where real win situation for all American work- every single day. This wasn’t a Federal competition is a matter of course in to- ers, no matter what their craft or what mandate. It was a decision, community day’s business. their skills, while avoiding the pitfalls by community, and State by State, We understand as we debate this H– that a carelessly crafted high-tech visa that we were going to expand some- 1B visa bill, if we are not developing program would create. thing that no other country had even the workers with the skills to fill the To do it the right way, we have to thought of expanding—education be- jobs, then we are remiss in our obliga- consider the following: First, we must yond the eighth grade. We started with tion to this country. Yes, we can pass make available to industry an ample the premise that high schools would be an H–1B visa as a stopgap measure to number of high-tech worker visas open to everyone: Immigrants and keep the economy rolling forward, but through a program that is streamlined those who have been in this country for if we don’t also address the underlying and responsive enough to work in many years. It is true that high schools need to come to the rescue of the skill ‘‘Internet time.’’ for many years were segregated in part shortage, I don’t think we are meeting At the same time, we must set appro- of America until the mid-1950s and our obligation in the Senate. priate criteria for granting these high- 1960s, but the fact is we were doing (Mr. GORTON assumed the chair.) tech visas. There is a temptation to something no other country was con- Mr. WELLSTONE. Will the Senator hire foreign workers for no other rea- sidering. yield for a question? son than to replace perfectly qualified We were democratizing and popular- Mr. DURBIN. I am happy to yield to American workers. Perhaps it is be- izing education. We were saying to my colleague from Minnesota. cause foreign workers are deemed more kids: Don’t stop at eighth grade; con- likely to be compliant in the work- tinue in school. My wife and I marvel f place for fear of losing their visa privi- at the fact that none of our parents— leges or because they are willing to we may be a little unusual in this re- H–1B VISAS work for lower wages, or because they gard, or at least distinctive —went be- are less expectant of good work bene- yond the eighth grade. That was not Mr. WELLSTONE. I wanted to ask fits. uncommon. If you could find a good job the Senator—I know Illinois is an agri- Whatever the perception, we must be out of the eighth grade on a farm or in cultural State, as is mine. Many of our on guard against any misuse of the visa town, many students didn’t go on. rural citizens, for example, desperately program. There must be a true need, a Around 1900, when 3 percent of the 17- want what I think most people in the type of specialty that is so much in de- year-olds graduated from high school, country want, which is to be able to mand that there is a true shortage of we started seeing the numbers growing earn a decent living and be able to sup- qualified workers. over the years. Today 80 or 90 percent port their families. At the same time We must also bear in mind that we of eligible high school students do we have our information technology have not just one, but two principal graduate. companies telling us—I hear this all goals that must be held in balance. The What did this mean for America? It the time; I am sure the Senator from first goal is to fulfill a short-term need meant that we were expanding edu- Illinois hears this—listen, we need by granting high-tech visas. The sec- cation for the masses, for all of our skilled workers; we don’t have enough ond, and ultimately more important citizenry, at a time when many other skilled workers; and we pay good wages goal, is to meet our long-term need for countries would not. They kept their with good fringe benefits. Is the Sen- a highly skilled workforce by making education elite, only for those wealthi- ator aware we have people in rural sure there are ample educational op- est enough or in the right classes; we America who are saying: Give us the portunities for students and workers democratized it. We said: We believe in opportunity to develop these skills? here at home. A proposal to address public education; we believe it should Give us the opportunity to be trained. this need will receive strong support if be available for all Americans. What Give us the opportunity to telework. it embraces the goal of training our do- did it mean? It meant that in a short With this new technology, we can actu- mestic workforce for the future de- period of time we developed the most ally stay in our rural communities. We mands of the technology industry and skilled workforce in the world. don’t have to leave. provides the mechanisms and revenue We went from the Tin Lizzies of Is the Senator aware there are so to reach that goal. Henry Ford to Silicon Valley. We went many men and women, for example, in It is interesting that in every polit- from Kitty Hawk to Cape Canaveral. In rural America—just to talk about rural ical poll that I have read, at virtually the meantime, in the 1940s, when Eu- America—who are ready to really do every level, when asking families rope was at war fighting Hitler and fas- this work, take advantage of and be a across America the No. 1 issue that cism, it was the United States and its part of this new economy, but they they are concerned with, inevitably it workforce that generated the products don’t have the opportunity to develop is education. I have thought about that that fought the war not only for our al- the skills and to have the training? Is and it has a lot to do with families lies but ultimately for ourselves, suc- that what the Senator is speaking to? with kids in school, but it also has a cessfully. Mr. DURBIN. The Senator is right. I lot to do with the belief that most of us That is what made the 20th century am sure he finds the same thing that I have in America—that education was the American century. We were there do in rural Illinois when he goes our ticket to opportunity and success. with the people. We invested in Amer- through Minnesota. There are towns

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.058 pfrm02 PsN: S26PT1 S9238 CONGRESSIONAL RECORD — SENATE September 26, 2000 literally hanging on by their finger- are way on the other side of the digital her GED and look at tech training at a nails, trying to survive in this chang- divide. There is another example which local community college. She did that. ing economy, and some of them are re- I think we have to speak to in legisla- In all probability she is going to be sponding in creative ways. In Peoria, tion at this time. working for the great Johns Hopkins they have create a tech center down- Mr. DURBIN. I agree with Senator University sometime within the town, jointly sponsored by the Cham- WELLSTONE. As he was making those month. She will double her income, she ber of Commerce, the local community, comments, I thought to myself, that is will have health insurance benefits, and the community college, where they right up Senator MIKULSKI’s alley, and and it will enable enough of an income are literally bringing in people, some I looked over my shoulder and there in for her husband to take a breather and our ages and older, introducing them the well of the Senate she is. Senator also get new tech skills. to computers and what they can learn MIKULSKI addressed this issue of pro- But they have to pay tuition. They from them. So they are developing viding opportunities to cross the dig- could do those things. I think we need skills within their community, the life- ital divide so everybody has this right to have amendments to address the long learning that I mentioned earlier. to access. I invite the Senator to join skill shortage in the United States of Down in Benton, IL, which is a small us at this point. We were talking about America. town that has been wracked by the end the H–1B bill that addresses an imme- Mr. DURBIN. I thank the Senator of the coal mining industry, for the diate need but doesn’t address the from Maryland. She has been a real most part, in our State, they have de- needs of the skill shortage which she leader on this whole question of the cided in downtown Benton not to worry raised at our caucus luncheon, or the digital divide. She caught it before a about flowers planted on the streets digital divide. I would like to invite a lot of us caught on. Now she is asking but rather to wire the entire downtown question or comment from the Senator for an opportunity to offer an amend- so they will be able to accommodate from Maryland on those subjects. ment on this bill. Unfortunately, it has the high-tech businesses that might be Ms. MIKULSKI. I thank the Senator been the decision of the leadership in attracted there. They are trying to for his advocacy on this issue. this Chamber that we will not be able think ahead of the curve. First of all, I acknowledge the valid- to amend this bill. We can provide ad- I am not prepared to give up on ity of the high-tech community’s con- ditional visas for these workers to American workers. I know Senator cerns about the availability of a high- come in from overseas on a temporary WELLSTONE is not, either. We need to tech workforce. The proposal here is to basis, but they are unwilling to give us address the need for more training and solve the problem by importing the an opportunity to offer amendments to education in rural and urban areas people with the skills. I am not going provide the skills for American work- alike. to dispute that as a short-term, short- ers to fill these jobs in the years to Mr. WELLSTONE. Could I ask the range solution. But what I do dispute is come. Senator one other question? I am in that we are precluded from offering Alan Greenspan comes to Capitol Hill complete agreement with what the amendments to create a farm team of about every 3 or 4 weeks. Every breath Senator is saying. I had hoped to intro- tech workers. This is what I want to do he takes is monitored by the press to duce an amendment to the H–1B bill if I would have the right to offer an find out what is going to happen next that dealt with the whole issue of amendment. at the Federal Reserve. On September telework. I think we could have gotten We do not have a worker shortage in 23, he gave an unusual speech for the a huge vote for it because this is so im- the United States of America. I say to Chairman of the Federal Reserve. He portant to what we call greater Min- the Senator, and to my colleagues, we called on Federal lawmakers to make nesota. have a skill shortage in the United math and science education a national I wish to pick up on something the States of America. We have to make priority. Who would have guessed this Senator said earlier. He talked about sure the people who want to work, who economist from the Federal Reserve, his own background. The last thing I have the ability to work, have access the Chairman, would come and give a am going to do is to go against immi- to learning the technology so they can speech about education, but he did. He grants and all they have done for our work in this new economy. called on Congress: country. I am the son of an immigrant. The digital divide means the dif- . . . to boost math and science education I have a similar background to that of ference between those who have access in the schools. my colleague, but I wanted to give one to technology and know how to use He said it was ‘‘crucial for the future of our poignant example. I think we both tend technology. If you are on one side of nation’’ in an increasingly technological so- ciety. to draw some energy just from people the divide, your future as a person or a He noted 100 years ago—the time I men- we meet. country is great. If you are on the tioned, when we started building high On Sunday, the chairman of the Fed- wrong side, you could be obsolete. schools in this country at such a rapid rate— eral Communications Commission— I do not want to mandate obsoles- only about 1 in 10 workers was in a profes- and I give Chairman Kennard all the cence for the American people who do sional or technical job, but by 1970 the num- credit in the world—came out to Min- not want to be left out or left behind. ber had doubled. Today those jobs account nesota to do a 3-day work session with That is why I want to do two things: for nearly one-third of the workforce. Greenspan said just as the education sys- Native Americans. When we talk about No. 1, have community tech centers tem in the early 20th century helped trans- Native Americans, we are talking —1,000 of them—where adults could form the country from a primarily agricul- about first Americans, correct? learn by the day and kids could learn tural, rural society to one concentrated in Mr. DURBIN. Yes. in structured afterschool activities in manufacturing in urban areas, schools today Mr. WELLSTONE. Do you know what the afternoon. Then, also, to increase must prepare workers to use ever-changing they are saying? They are saying: In the funding for teacher training for K– high-technology devices such as computers our reservations, we have 50-percent- 12, where we would have a national and the Internet.... plus poverty. In fact, they are saying it ‘‘The new jobs that have been created by goal that every child in America be the surge in innovation require that the is not only the Internet; they still computer literal by the time they fin- workers who fill them use more of their in- don’t have phone service for many. ish the eighth grade. And maybe they tellectual potential,’’ Greenspan said....’’ What they are saying is they want to then will not drop out. This process of stretching toward our human be part of this new economy. They That is what we want to be able to intellectual capacity is not likely to end any want the opportunity for the training, do. I do not understand. Why is it that time soon.’’ the infrastructure, the technology in- farm teams are OK for baseball but If we acknowledge that education frastructure. they are not OK for technology work- and training is a national problem and Yet another example: I am all for ers, which is our K–12? a national challenge, why isn’t this guest workers and immigrants coming I share with the Senator a very Congress doing something about it? in. But at the same time we have first touching story. A retail clerk I encoun- Sadly, this Congress has a long agen- Americans, Native Americans—I see ter every week in the course of taking da of missed opportunities and unfin- my colleague from Maryland is here. care of my own needs was a minimum ished business. This is certainly one of We talk about the digital divide—who wage earner. I encouraged her to get them. For the first time in more than

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.072 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9239 two decades, we will fail to enact an Those who are watching this debate This means providing opportunities Elementary and Secondary Education can look around the Chamber and see in schools, but also it means after- Act. At a time when education is the that there are not many people here school programs, programs during the highest priority in this country, it ap- other than Senator WELLSTONE and summer, worker retraining programs, pears that the Senate cannot even myself. There has not been a huge cry public-private partnerships, and grants bring this matter to the floor to debate and clamor from the Members of the to communities to give the workforce it, to complete the debate, and pass it Senate to come to the floor today. The of the future a variety of ways to be- into law. fact is, we have a lot of time and a lot come the workers of the 21st century. It is an indictment on the leadership of opportunity to consider a lot of As far as this is concerned, I say, let of the House and the Senate that we issues, and one of those should be edu- a thousand flowers bloom, let commu- will not come forward with any signifi- cation. nities come forward to give us their cant education or training legislation I might address an issue that Senator most creative, innovative ideas on how in this Congress. WELLSTONE raised earlier, as well as they can educate their workforce and We will come forward with stopgap Senator MIKULSKI. How will workers students to really address these needs. measures such as H–1B visas to help pay for this additional training? How We have to improve K-through-12 businesses, but we will not come for- can they pay for the tuition and fees of education. I will bet, if I gave a quiz to ward to help the workers develop the community colleges or universities? It people across America, and asked— skills they need to earn the income is a real concern. What percentage of the Federal budget they need to realize the American In my State, in the last 20 years, the do you think we spend on education K dream. cost of higher education has gone up through 12? Most people would guess, I remember back in the 1950s, when I between 200 and 400 percent, depending oh, 15, 20, 25 percent. The answer is 1 was a kid just finishing up in grade on the school. A lot of people worry percent of our Federal budget. One per- school, that the Russians launched the about the debt they would incur. I am cent is spent on K-through-12 edu- satellite, Sputnik. It scared us to glad to be part of an effort to create cation. death. We didn’t believe that the Rus- the deductibility of college education Think about the opportunities we are sians, under their Communist regime, expenses and lifetime learning ex- missing, when we realize that if we are and under their totalitarian leadership, penses. I think if you are going to talk going to have more scientists and engi- could ever come up with this kind of about tax relief—and I am for that— neers, you don’t announce at high technology, and they beat us to the you should focus on things that fami- school graduation that the doors are punch. They put the first satellite into lies care about the most and mean the open at college for new scientists and space. most to the country. engineers. Congress panicked and said: We have Many times, you have to reach down, to catch up with the Russians. We have What could mean more to a family than to see their son or daughter get as Senator WELLSTONE has said, to to get ahead of them, as a matter of make sure that the teachers are fact. So we passed the National Defense into a school or college? And then they have to worry about how they are trained so that they know how to in- Education Act, which was the first de- troduce these students to the new going to pay for it. If they can deduct cision by Congress to provide direct as- science and the new technology so that tuition and fees, it means we will give sistance to college students across they can be successful as well. That is them a helping hand in the Tax Code to America. I am glad that Congress did it part of mentoring for new teachers. It the tune of $2,000 or $3,000 a year to because I received part of that money. is teacher training for those who have I borrowed money from the Federal help pay for college education. I think that is a good tax cut. I think been professionals and want to upgrade Government, finished college and law their skills. that is a good targeted tax cut, con- school, and paid it back. And thou- I would like to bring that to the Sen- sistent with keeping our economy mov- sands like me were able to see their ate floor in debate. I would like to offer lives open up before them. ing forward, by creating the workforce an amendment to improve it. But no, It was a decision which led to a of the future. It is certainly consistent we can’t. Under this bill, all we have is stronger America in many ways. It led with Alan Greenspan’s advice to Con- the H–1B visa. Bring in the workers to the decision by President Kennedy gress, as he looks ahead and says, if we from overseas; don’t talk about the to create the National Aeronautics and want to keep this economy moving, we needs of education and training in Space Administration, putting a man have to do it in a fashion that is re- America. on the moon and, of course, the rest, as sponsive to the demands of the work- In addition to improving K-through- they say, is history. place. Many Members have spoken 12 education, we also have to look to Why aren’t we doing the same thing today, and certainly over the last sev- the fact that science and math edu- today? Why aren’t we talking about eral months, of the importance of cation in K-through-12 levels really creating a National Security Education skills training. will require some afterschool work as Act? Senator KENNEDY has a proposal Robert Kuttner, who is an economist well. along those lines. I would like to add to for Business Week, wrote: It has been suggested to me by people his proposal lifetime learning so that . . . what’s holding back even faster eco- who are in this field that one of the workers who are currently employed, nomic growth is the low skill level of mil- most encouraging things they went as Senator WELLSTONE said, have a lions of potential workers. through was many times a summer chance to go to these tech centers that I think that is obvious. As I said ear- class that was offered at a community Senator MIKULSKI described, to com- lier, in visiting businesses, it is the No. college or university, where the best munity colleges, and to other places, to 1 item of concern. The successful busi- students in science and math came to- develop the skills they need to fill nesses in Illinois, when I ask them, gether from grade schools and junior these jobs that we are now going to fill What is your major problem? they highs and high schools to get together with those coming in from overseas. don’t say taxes or regulations—al- and realize there are other kids of like Make no mistake—I will repeat it for though they probably mention those— mind and like appetite to develop their the RECORD—I have no objection to im- but the No. 1 concern is, they can’t find skills. I think that should be part of migration. As the son of an immigrant, skilled workers to fill the jobs, good- any program. I value my mother’s naturalization cer- paying jobs. It really falls on our The most recent National Assess- tificate. It hangs over my desk in my shoulders to respond to this need ment of Educational Progress has office as a reminder of where I come across America. noted that we are doing better when it from. But I do believe we have an obli- The sad truth is, we have allowed comes to the number of students who gation to a lot of workers in the U.S. this wonderful revolution to pass many are taking science courses. We are today who are looking for a chance to of our people by. We have to do some- doing better when it comes to SAT succeed. Unfortuantely, we are not thing about American education. It is scores in science and math. But clearly going to have that debate. The decision imperative that we look to our long- we are not going to meet the needs of has been made by the leadership that term needs, expanding opportunities in the 21st century unless we make a dra- we just don’t have time for it. our workforce. matic improvement.

VerDate 26-SEP-2000 01:55 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.074 pfrm02 PsN: S26PT1 S9240 CONGRESSIONAL RECORD — SENATE September 26, 2000 Teacher training, as I mentioned, is The PRESIDING OFFICER. Approxi- sometimes the unpredictable policies certainly a priority. In 1998, the Na- mately 13 minutes. of the INS have created a climate of tional Science Foundation found that 2 Mr. DURBIN. I thank the Chair. uncertainty and fear. percent of elementary schoolteachers Let me close by addressing another Employers are looking for workers. had a science degree—2 percent in 1998; critically important amendment which The workers are looking for jobs. But 1 percent had a math degree; an addi- is not being allowed with this bill. It is they are afraid to step forward. There tional 6 percent had majored or one of which I am a cosponsor with are thousands upon thousands of people minored in science or math education Senators KENNEDY and JACK REED of in this country, this great country of in college. In middle schools, about 17 Rhode Island and HARRY REID of Ne- ours, who are being treated unfairly— percent of science teachers held a vada. It is entitled the Latino and Im- people who have lived here now for science degree, 7 percent of math migrant Fairness Act. There are many years, sometimes decades, but are still teachers had a degree in mathematics; issues which come to the floor of the forced to live in the shadows, where 63 percent of high school science teach- Senate, but there are few that enjoy they are loathe to get a Social Secu- ers had some type of science degree; the endorsement and support of both rity number, respond to a census form, and 41 percent of math teachers in high the AFL–CIO and the national Cham- or open a bank account. People who are school had a degree in that subject. ber of Commerce. This bill is one of an essential component of this thriving It is a sad commentary, but a fact of them. economy—everybody knows this. Peo- life. In the town I was born in, my What we wanted to propose as an ple who are doing jobs that most other original hometown, East St. Louis, IL, amendment was a change in our immi- people simply do not want to do. Yet I once talked to a leader in a school gration laws to deal with some issues we refuse them the basic rights and the system there. It is a poor school sys- that are truly unfair. While we look to opportunities that should belong to all tem that struggles every day. address the needs of the tech industry, of us. He said, he’d allow any teacher to we should not do it with blinders on. There is no other way to say it: This teach math or science if they express a There are many other sectors of this is simply a matter of an unfair system, willingness to try, because they robust economy—perhaps not as glam- created by our own hands here on Cap- couldn’t attract anyone to come teach orous as the latest ‘‘dot-com’’ company itol Hill, that is ruining lives, tearing with a math and science degree. We can but still very much in need of able and families apart, and keeping too many people in poverty and fear. We have the improve on that. We can do better. energetic workers—that have difficulty There are lots of ways to do that, to means at hand to change this. With an finding workers they need in the do- encourage people to teach in areas of amendment to this bill, we can rally mestic workforce. Oddly enough, many teacher shortages and skill shortages, the forces in the Senate to change the of these workers are already here. They by offering scholarships to those who immigration laws and make them fair- are on the job. They are raising fami- will use them, by forgiving their loans er. My good colleagues, Senators KEN- lies. They are contributing to their if they will come and teach in certain NEDY and REED, and I have made a vig- communities. They are paying taxes. school districts, by trying to provide orous effort to bring these issues to the But they are reluctant to step forward. incentives for them to perhaps work in floor. We have been stopped at every I am speaking now of immigrants the private sector and spend some time turn in the road. We want to have a who come to this country in search of working in the schools. All of these vote on the bill, the Latino and Immi- a better life. Many immigrants left things should be tried. At least they grant Fairness Act. their homelands against their will. should be debated, should they not, on I can’t go back to my constituents in They left because of the appallingly the floor of the Senate? And we are not Illinois and tell them, yes, we made it brutal conditions they encountered, going to get that chance. Instead, we easy to bring in thousands of high-tech whether at the hands of despotic Cen- will just limit this debate to the very workers because Silicon Valley had narrow subject of the HB visa. tral American death squads or in the their representatives walking through We also need to reach out to minori- chaotic collapse of much of Eastern the Halls of Congress and on the floor ties. When it comes to developing Europe. To stay there in those coun- of the Senate and the House, but we science and engineering degrees, we tries meant death for themselves and couldn’t address your needs because certainly have to encourage those who their families. you couldn’t afford a well paid lob- are underrepresented in these degree I am reminded of those immortal byist. No, we have to do the very best programs. The National Science Foun- words of Emma Lazarus on our Statue we can to be fair to all. That is a mes- dation reports that African Americans, of Liberty: Give me your tired, your sage that will inspire confidence in the Hispanics, and Native Americans com- poor. work we do in the Senate. prise 23 percent of our population but Maybe some of these immigrants are Let me tell you briefly what this bill earn 13 percent of bachelor’s degrees, 7 tired. Who could blame them? Many of does. This bill, the Latino and Immi- percent of master’s degrees, and 4.5 them are poor. I can tell you this: grant Fairness Act, supported by both percent of doctorate degrees in science Whether people come from other lands organized labor and the Chamber of and engineering. to work in high-tech jobs, as the H–1B Commerce, establishes parity; that is, Recruiting young people in the high- visa bill addresses, or clean the offices, equal treatment for immigrants from tech field will require initiatives to not wash the dishes, care for our children, Central America and, I would add, from only improve the quality of math and care for our grandparents and parents some other countries, such as Liberia, science education but also to spark in nursing homes, these are some of the where Senator REED of Rhode Island kids’ interest. I talked about the sum- hardest working people you will ever has told us that literally thousands of mer programs in which we can be in- see. As Jesse Jackson said in a great Liberians who fled that country in fear volved, but there are many others as speech at the San Francisco Demo- of their lives, by October 1 may be well. The National Defense Education cratic Convention: They get up and go forced to return to perilous cir- Act should be a template, a model, as to work every single day. cumstances unless we change the law; the GI bill was, for us to follow. It real- Here they are in this new land, look- where those who have come from Haiti, ly was a declaration by our Govern- ing to make the best new start they Honduras, Guatemala, El Salvador, ment and by our people that the secu- possibly can. But for many of these im- Eastern Europe, and other countries, rity of the Nation at that time re- migrants, we require them to make who are here because of their refugee quired the fullest development of the that effort with one hand, and maybe status seeking asylum, may see the end mental resources and technical skills even both hands, tied behind their of that status come because the Con- of its young men and women. That was backs. I am afraid our current immi- gress failed to act. We will have their said almost 50 years ago. It is still true gration laws are so cumbersome, so future in our hands and in our hearts. today. The time is now for the Con- complex, and so inherently unfair that I hope the Senate and Congress can re- gress to step up to the plate and reaf- thousands of immigrants to this coun- spond by passing this reform legisla- firm our commitment to education. try are afraid to become fully inte- tion. Mr. President, how much time do I grated into the workforce, afraid be- We also have decided, since 1921, from have remaining? cause our laws, our regulations, and time to time to give those who have

VerDate 26-SEP-2000 00:51 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.076 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9241 been in the United States for a period when legalized, showed that real hour- able to get more help from skilled of time, sometimes 14 years, and have ly earnings increased by 15 percent for labor, including skilled workers from established themselves in the commu- men and 21 percent for women. Many of other countries. I am more than sym- nity, have good jobs, have started fami- these hard-working people are being pathetic to what the business commu- lies, pay their taxes, don’t commit exploited because they are not allowed nity is saying. I certainly believe that crime, do things that are important for to achieve legal status. The state of immigrants—men and women from America—to give them a chance to the situation on the floor of the Senate other countries who help businesses apply for citizenship. It is known as is that we are giving speeches instead and work, who stay in our country— registry status. The last registry sta- of offering amendments. It is a sad make our country a richer and better tus that we enacted was in 1986, dating commentary on this great body that country. back to 1972. We think this should be has deliberated some of the most im- I am the son of a Jewish immigrant reenacted and updated so there will be portant issues facing America. who was born in Ukraine and who fled an opportunity for another generation. Those watching this debate who are persecution from Russia. But I also be- Finally, restoring section 245(i) of the witnessing this proceeding in the Sen- lieve that it is a crying shame that we Immigration Act, a provision of the ate Chamber must wonder why the do not have the opportunity—again, immigration law that sensibly allowed Senate isn’t filled with Members on this is the greatness of the Senate—to people in the United States who were both sides of the aisle actively debat- be able to introduce some amendments: on the verge of gaining their immigra- ing the important issues of education an amendment that would focus on tion status to remain here while com- and training and reform of our immi- education and job training and skill de- pleting the process. This upside down gration laws. Sadly, this is nothing velopment for Americans who could idea has to be changed—that people new. For the past year, this Congress take some of these jobs; an amendment have to return to their country of birth has done little or nothing. that deals with telework that is so im- while they wait for the final months of When we see all of the agenda items portant to rural America, and so im- the INS decision process on becoming a before us, whether it is education, deal- portant to rural Minnesota. citizen. It is terrible to tear these fami- ing with health care, a prescription I hope there is some way I can get lies apart and to impose this financial drug benefit under Medicare, the Pa- this amendment and this piece of legis- burden on them. tients’ Bill of Rights for individuals lation passed, which basically would I hope we will pass as part of H–1B and families to be treated fairly by employ people in rural communities, visa this Latino and Immigrant Fair- health insurance companies, this Con- such as some of the farmers who lost ness Act. It really speaks to what we gress has fallen down time and time their farms, who have a great work are all about in the Congress, the again. It is a sad commentary when ethic, who want to work, and who want House of Representatives and the Sen- men and women have been entrusted to have a chance to develop their skills ate. with the responsibility and the oppor- for the technology companies that say Many people have said they are com- tunity and have not risen to the chal- they need skilled workers. They can passionate in this political campaign. lenge. This bill pending today is fur- telework. They can do it from home or There are many tests of compassion as ther evidence that this Congress is not satellite offices. It is a marriage made far as I am concerned. Some of these willing to grapple with the important in heaven. I am hoping to somehow tests might come down to what you are issues that America’s families really still pass that legislation. I hope it will willing to vote for. I think the test of care about. be an amendment on this bill because, compassion for thousands of families I yield the floor. again, it would enable these Americans ensnared in the bureaucratic tangle of The PRESIDING OFFICER. The Sen- to have a chance. the INS is not in hollow campaign ator from Minnesota is recognized for 5 My colleague from New Mexico is one promises. The test of compassion for minutes. of the strongest advocates for Native thousands from El Salvador, Guate- Mr. WELLSTONE. Mr. President, I Americans. This was such an inter- mala, Honduras, and Haiti refugees ask unanimous consent that I be al- esting meeting this past Sunday in asking for equal treatment is not in lowed to speak for up to 10 minutes as Minnesota. I give FCC Chairman being able to speak a few words of in morning business. Kennard a lot of credit for holding a 3- Spanish. The test of compassion for The PRESIDING OFFICER. Without day workshop for people in Indian hard-working people in our country objection, it is so ordered. country who not only don’t have access who are forced to leave their families (The remarks of Mr. WELLSTONE per- to the Internet but who still don’t have to comply with INS requirements is taining to the introduction of S. 3110 phones. They were talking about guest not whether a public official is willing are located in today’s RECORD under workers and others coming to our to pose for a picture with people of ‘‘Statements on Introduced Bills and country. These were the first Ameri- color. Joint Resolutions.’’) cans. They were saying: we want to be The test is whether you are willing f a part of this new economy; we want to to actively support legislation that have a chance to learn the skills. We brings real fairness to our immigration H–IB VISAS want to be wired. We want to have the laws. That is why I am a cosponsor of Mr. WELLSTONE. Mr. President, I infrastructure. this effort for the 6 million immigrants would like to also speak now about the I hope there can be an amendment in the U.S. who are not yet citizens, H–1B bill on the floor. that speaks to the concerns and cir- who are only asking for a chance to I ask unanimous consent that I have cumstances of people in Indian coun- have their ability to reach out for the 10 minutes to speak on that legislation. try. American dream, a chance which so The PRESIDING OFFICER (Mr. Finally, I think the Latino and Im- many of us have had in the past. SMITH of Oregon). Without objection, it migrant Fairness Act is important for These immigrants add about $10 bil- is so ordered. not only the Latino community but lion each year to the U.S. economy and Mr. WELLSTONE. I thank the Chair. also for the Liberian community. I am pay at least $133 billion in taxes, ac- I will not speak a long time. But I want worried about the thousands of Libe- cording to a 1998 study. Immigrants to raise a couple of issues that other rians in Minnesota who at the end of pay $25 billion to $30 billion more in colleagues have spoken to as well. the month maybe will have to leave taxes each year than they receive in I come from a State with a very so- this country if we don’t have some public services. Immigrant businesses phisticated high-tech industry. I come kind of change. This legislation calls are a source of substantial economic from a State that has an explosion of for permanent residency status for and fiscal gain for the U.S. citizenry, information technology companies. I them. But I am terribly worried they adding at least another $29 billion to come from a State that has a great are going to be forced to go back. It the total amount of taxes paid. medical device industry. I come from a would be very dangerous for them and In a study of real hourly earnings of State that is leading the way. their families. I certainly think there illegal immigrants between 1988, when I am very sympathetic to the call on is a powerful, moral, and ethical plan they were undocumented, and 1992 the part of business communities to be for the Latino and Latina community

VerDate 26-SEP-2000 01:23 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.078 pfrm02 PsN: S26PT1 S9242 CONGRESSIONAL RECORD — SENATE September 26, 2000 in this legislation. We had hoped that Let me say unequivocally that we Sooner or later, even though we have would be an amendment. Again, it have no energy policy because the Inte- been kept from doing this by a small doesn’t look as if we are going to have rior Department, the Environmental vocal minority, even America will look an opportunity to present this amend- Protection Agency, and the Energy De- back to its early days of scientific ment. I don’t think that is the Senate partment all have ideological priorities prowess in this area as we wonder how at its best. that leave the American consumer of France is doing it with 87 percent of I will vote for cloture on a bill that energy out in the cold. their energy produced by nuclear pow- I actually think is a good piece of leg- Making sure that Americans have a erplants. islation but not without the oppor- supply of reliable and affordable en- With all we hear about nuclear power tunity for us to consider some of these ergy, and taking actions to move us in from those opposed, who wouldn’t con- amendments. They could have time that direction, is the ‘‘invisible pri- cede that France exists with 87 percent limits where we could try to improve ority.’’ And that is giving the adminis- or 85 percent of its energy coming from this bill. We can make sure this is good tration the benefit of the doubt. nuclear powerplants? They do, and for the business community and good ‘‘Not my job’’ is the response that their atmosphere is clean. Their ambi- for the people in our country who want the Interior Department of the United ent air is demonstrably the best of all to have a chance to be a part of this States gives to the energy crisis and to developed countries because it pro- new economy, as well as bringing in America’s ever-growing dependence duces no pollution. skilled workers from other countries. I upon foreign oil and, yes, I might say We have an administration that, so think we could do all of it. It could be ever-growing dependence upon natural long as we had cheap oil, said every- a win-win-win. gas. The other alternatives, such as thing was OK, and we couldn’t even The Senate is at its best when we can coal, nuclear, or other—‘‘not my job.’’ seek a place to put the residue from bring these amendments to the floor It is also the response that the Envi- our nuclear powerplants, the waste and therefore have an opportunity to ronmental Protection Agency gives product. We couldn’t even find a place represent people in our States and be when it takes actions, promulgates to put it. We got vetoes and objections legislators. But when we are shut down rules, and regulations. Their overall from the administration. Yet there are and closed out, then I think Senators record suggests—let me repeat— ‘‘not countries such as France, Japan, and have every right to say we can’t sup- my job,’’ says the Environmental Pro- others that have no difficulty with this port this. That is certainly going to be tection Agency. problem; it is not a major problem to The Interior Department, making my position. store spent fuel. drilling for oil and natural gas as dif- I yield the floor. Let me move on to wind versus nu- ficult as possible, says, ‘‘Don’t bother f clear. Nuclear produced 200 times more us.’’ HEALTH CARE LEGISLATION ‘‘It is not my job’’, says the Depart- electricity than wind and 2,000 times PROVISIONS ment of Interior. The Environmental more than solar. As I indicated, solar research gets three times more funding The PRESIDING OFFICER. The Sen- Protection Agency’s job is to get a than nuclear research and develop- ator from New Mexico. good environmental policy based on Mr. DOMENICI. Mr. President, I ask sound science and be the enemy of an ment. The wind towers—we have seen them unanimous consent to speak for up to ideologically pure environmental pol- by the thousands in parts of California 10 minutes. icy at the expense of providing energy and other States, awfully strange look- The PRESIDING OFFICER. Without that we need. objection, it is so ordered. My last observation: In summary, ing things. They are not the old wind- Mr. DOMENICI. Mr. President, I note the ‘‘Energy Department’’ is an mills that used to grace the western the presence of Senator KENNEDY on oxymoron. It is anti-nuclear but pro- prairie. They have only two prongs. the floor. I want to say to Senator windmills. I know many Americans They look strange. KENNEDY and to Senator FRIST—who is ask: what is the Senator talking We are finding wind towers kill birds, not on the floor, but I have seen him about? Nuclear power is 20 percent of based on current bird kill rates. Re- personally—that I thank both of them America’s electricity. At least it was placing the electric market with wind for their marvelous efforts in having about 6 months ago. We have an En- would kill 4.4 million birds. I am sure included in the health care bill, which ergy Department for this great land nobody expects either of those to hap- was recently reported out, SAMSHA, with the greatest technology people, pen. However, more eagles were killed and about five or six provisions con- scientists and engineers, that is pro- in California wind farms than were tained in a Domenici-Kennedy bill re- windmills and anti-nuclear. killed in the Exxon Valdez oil spill. garding the needs of those in our coun- I will say, parenthetically, as the The Energy Department calls wind a try who have serious impairment from chairman of the Energy and Water renewable energy policy, and the Si- mental illness. Subcommittee on Appropriations, the erra Club calls wind towers the We did not expect to get those ac- last 3 years we put in a tiny bit of Cuisinart of the air. complished this year. We thank them money for nuclear energy research and I will discuss the SPR selloff. For al- for it. We know that we will have to have signed it into law as part of the most 8 years, energy has been the ‘‘in- work together in the future to get entire appropriation, and we do have a visible priority’’ for the U.S. Govern- them funded. But when we present tiny piece of money to look into the fu- ment led by Bill Clinton and the cur- them to the appropriators, they will ture in terms of nuclear power. It is no rent Vice President. understand how important they are. longer nothing going on, but it is a lit- Incidentally, the Vice President, who I thank the Senator. tle bit. is running for President, had much to f Boy, do we produce windmills in the do with this ‘‘invisible priority;’’ he United States. The Department of En- was the administration’s gatekeeper on ENERGY POLICY ergy likes renewables. All of us like almost all matters that dealt with the Mr. DOMENICI. Mr. President, I them. The question is, How will they Environmental Protection Agency and spoke yesterday for a bit and in the relieve the United States from the almost all matters that dealt with the Energy Committee today for a bit problem we have today? I guess even Department of the Interior in terms of about energy policy. I guess I believe this administration and even the Vice the production of energy on public so strongly about this issue that I want President, who is running for Presi- land. to speak again perhaps from a little dent, says maybe we have a crisis. Of Let me talk about the SPR selloff for different vantage point. course we have a crisis. The Federal a minute. Treasury Secretary Sum- I would like to talk today about the Government spent $102 million on solar mers warned President Clinton that ‘‘invisible priority’’ that has existed in energy, $33 million on wind, but only the administration’s proposal—now de- the United States for practically the $36.5 million on nuclear research, cision—to drive down energy prices by last 8 years. The ‘‘invisible priority’’ which obviously is the cleanest of any opening the energy reserve would be ‘‘a has been the supply of reliable afford- approach to producing large quantities major and substantial policy mistake.’’ able energy for the American people. of electricity. He wrote the President, and Chairman

VerDate 26-SEP-2000 01:23 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.082 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9243 Greenspan agreed, that using the SPR way they were left by Hazel O’Leary, try. There are now at least 62 different to manipulate prices, rather than ad- the first Secretary of Energy under products. One eastern pipeline handles hering to its original purpose of re- this President, and Mr. Pena; and Bill 38 different grades of gasoline, 7 grades sponding to a supply disruption, is a Richardson is left with that residue. of kerosene, 16 grades of home heating dangerous precedent. Summers added Fifty percent of homes are heated by oil and diesel. Four different gasoline that the move would expose us to valid natural gas. I predict the bills will be mixtures are required between Chicago charges of naivete, using a very blunt skyrocketing because we are using and St. Louis—a 300 mile distance. As a tool to address heating oil prices. more and more of it because we have result of these Federal/local require- American refineries today have to no energy policy, and American home- ments, the industry has less flexibility make so many different kinds of fuel owners are the ones who will see that to respond to local or regional short- because of environmental protection in their bills. When they start writing ages. rules that no one would believe they the checks with those increases, they We have 15 sets of new environmental would be capable of doing. They were are going to be mighty mad at some- regulations: Tier II gasoline sulfur, running at 95 percent of capacity last one. California MTBE phaseout; blue ribbon week. We have not built a new refinery Don’t get fooled. The candidate on panel recommendations; regional haze in almost 20 years. the Democratic side, if the election is regs; on-road diesel; off road diesel; What has happened: America builds not over by the time that happens, will gasoline air toxics; refinery MACT II; no energy, no refining capacity, be- blame those who produce natural gas section 126 petitions; gasoline air cause it is too tough environmentally for they are related to oil and gas pro- toxics; new source review enforcement to do that and live up to our rules and duction. Would you believe, as we initiative; climate change; urban air regulations. Yet you can build them in stand here today, 18 percent of the toxics; residual risk. many other countries, and people are electricity generated in America is The MTBE groundwater contamina- surviving and glad to have them—at produced by natural gas? Oh, what a tion issue is going to make the gaso- least, new ones—because they are predicament we have gotten ourselves line supply issue even more com- doing a great job for their economy and into because we have an invisible en- plicated and reduce industry’s flexi- producing the various kinds of prod- ergy policy ruled over by an Environ- bility to meet demand. ucts that come from crude oil. Yet mental Protection Agency that never S. 2962 includes a wide array of new America, the biggest user in this area, asked a question about energy and an gasoline requirements that are both ir- has built none. Interior Department that takes prop- relevant and detrimental to millions of If we take the supply of SPR out of erty and land of the United States out American motorists. Legislation man- SPR, it will still need to be refined into of production. dates the use of ethanol in motor fuel. heating oil. I have just indicated there I want to tell you a couple of facts. This would cut revenues to the high- is hardly any room because there is As compared to 1983, 60 percent more way trust fund by more than $2 billion hardly any capacity. Federal land is now off limits to drill- a year. The invisible policies wait ominously ing. On October 22, 1999, Vice President The U.S. Department of Energy has on the horizon, boding serious prob- GORE, in Rye, NH, said: projected that S. 2962 would increase lems. We have found that natural gas I will do everything in my power to make the consumption of ethanol in the produced in America, drilled for by sure there is no new drilling. Northeast from zero to approximately Americans, offshore and onshore, is the Then we have ANWR. It is off limits. 565 million gallons annually. fuel of choice. Now we are not even Offshore drilling is off limits. We Frankly, Mr. President, no energy building any powerplants that use coal could double our domestic oil supply if policy is better than this administra- as the energy that drives them because we opened offshore drilling. Yet we will tion’s energy policy. it is too expensive, too environ- have more and more transports hauling f in refined and crude oil products, cre- mentally rigorous, and nobody dares ating more and more risk for our ports ORDER OF PROCEDURE build them. They build them elsewhere where they are bringing it in. Yet we in the world but not in America. The PRESIDING OFFICER. Under We use natural gas, the purest of all, maintain we cannot do any more drill- the previous order, the Senator from and say fill your energy needs for elec- ing because it is too dangerous. Utah was to be recognized. The multiple-use concept in our pub- tricity using natural gas. Guess what Mr. KENNEDY addressed the Chair. lic domain is, for all intents and pur- Mr. GORTON. Mr. President, I am happened. The price has gone to $3.35 poses, practically dead. We have 15 sets authorized to yield myself time from per cubic feet; 6 months ago it was of new EPA regulations. Not one new the time reserved for the Senator from $2.16. And the next price increase is refinery has been built since 1976. Now Utah. when the consumers of America get the we have soaring gasoline prices. I un- Mr. KENNEDY. Reserving the right bills in October, November, and Decem- derstand my time is up. to object, I have been allocated, I be- ber for the natural gas that heats their Would Senator KENNEDY mind if I lieve, 30 minutes. I was supposed to go house and runs their gas stove because take 1 more minute? I will wrap it up. after the Senator from Utah. Gen- we have chosen not to use any other I will close with one more fact, and I erally, we go from one side to the source but natural gas to build our will put the others in the RECORD. Cali- other, in terms of fairness in recogni- electric generating tower when hardly fornians usually spend about $7 billion tion. I have waited my turn. The Sen- any other country in the world chooses a year in electricity. The price spikes ator from Utah is not here. I am on that resource. They choose coal or were so dramatic that they spent $3.6 that list. I have requested time. some other product rather than this billion in 1 month, the month of July— The PRESIDING OFFICER. The Sen- rarity of natural gas. half of what they annually spend was ator is correct. Under Senator HATCH’s Now 50 percent of the homes in spent in 1 month. time, there was an order agreed to that America are dependent upon natural Why? California is a big electricity there were two Republicans and then gas. The companies that deliver it are importer. There is growing demand. Senator KENNEDY for 30 minutes. already putting articles in the news- Silicon Valley companies are big en- Mr. KENNEDY. I thank the Chair. paper: Don’t blame us; the price is ergy users. Demand is up 20 percent in Mr. GORTON addressed the Chair. going up. the San Francisco area over last year The PRESIDING OFFICER. The Sen- Who do you blame? I think you but no new capacity has been built. ator from Washington is recognized. blame an administration that had no Environmental regulations make Mr. KENNEDY addressed the Chair. energy policy and for whom energy was building a new plant nearly impossible The PRESIDING OFFICER. The Sen- an ‘‘invisible priority.’’ It was an ‘‘in- in California. I predicted exorbitant ator from Washington is asking, as I visible priority’’ because the solutions home heating bills this coming winter understand it, unanimous consent to lay within EPA, the Interior Depart- even while we were experiencing the speak under the time of the Senator ment, and an Energy Department that gasoline price spikes in the Midwest. from Utah. Is there objection? was paralyzed by an attitude of anti- It used to be that one type of gaso- Mr. KENNEDY. Mr. President, I ob- production of real energy. That is the line was suitable for the entire coun- ject to that.

VerDate 26-SEP-2000 01:23 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.085 pfrm02 PsN: S26PT1 S9244 CONGRESSIONAL RECORD — SENATE September 26, 2000 The PRESIDING OFFICER. The Sen- and found out later they had legiti- the training of Americans for jobs that ator from Massachusetts. mate rights and interests; they should would otherwise be filled by H–1B visa Mr. KENNEDY. Mr. President, we are have received amnesty. Nonetheless, applicants. The average income for trying to be accommodating here. We their rights were effectively eliminated these jobs is $49,000. These jobs require have had one Senator from that side. I by the 1996 act. So now they are in seri- important skills. There are Americans understand if Senator HATCH was going ous risk of deportation. who are ready and willing to work but to be here I would have to wait my Dear Bill Clinton. do not have the skills to work in these turn, but I am here. I have been wait- My mom is a member of late amnesty. The particular areas. We wanted an oppor- ing. Under the fairness of recognition, I Immigration wants to report my mom. They tunity to offer amendments to deal object. But I certainly do not object to don’t want her here. She should have permis- with this. This would not have required the Senator speaking after my time. sion to stay here because I was born here. additional expenditures. We were going The PRESIDING OFFICER. The Sen- Please don’t take her away from me and my to have a modest fee of some $2,000 per brothers. I’ll trade you my best toy for my application that would have created a ator from Massachusetts has a right to mom. Like my bike and my little collections object. of cars. Don’t take her away from me! sum of about $280 million that would Mr. KENNEDY. Mr. President, who Please. have been used for skill training and work training programs, and it also has the floor? Signed Ernesto would have provided assistance to the The PRESIDING OFFICER. The Sen- Here is another: National Science Foundation in devel- ator from Massachusetts has the floor. Dear President Clinton, Mr. GORTON. Parliamentary in- Please don’t take my parents away from oping programs, particularly in out- quiry. me. I love them very much and my sisters reach to women and minorities, who Mr. KENNEDY. Mr. President, I do too. We have been together for a lot of years are under-represented in the IT work- not yield for a parliamentary inquiry. and I don’t want to be separated now so force. The PRESIDING OFFICER. The Sen- please don’t separate us. There was some allocation of re- ator from Massachusetts has the floor. Signed Larry. sources to reduce the digital divide, f Hi. My name is Blanca. I’m 8 years old. I and others to expedite the consider- feel bad for my parents. I want my parents to ation of these visas and make them H–1B VISAS have their work permit back so that they more timely, which are both impor- Mr. KENNEDY. Mr. President, for could work hard as they used to work to tant. That was a rather balanced pro- months, Democrats and Republicans overcome our lives in Los Angeles. I am will- gram. Members can argue about the have offered their unequivocal support ing to give you, Mr. President, Bill Clinton, size and the allocation of resources in for the H–1B high tech visa legislation. my favorite doll for my parents’ work per- those areas, but nonetheless, it appears mit. In addition, Democrats have tried— those provisions are relevant to the H– Thank you! 1B legislation. But we were prohibited without Republican support—to offer Blanca under the action taken to even bring the Latino and Immigrant Fairness These are real situations. We are Act. up these matters. talking about families who ought to be These issues can be resolved quickly. Democrats have worked tirelessly to here as a matter of right under the 1986 reach an agreement with the Repub- Under the proposal that was made by immigration bill. Their cause has been Senator DASCHLE, we would have 1 licans to bring both of these bills to upheld by the courts. hour of debate on the issue of skill the floor for a vote. In fact, 2 weeks The 1996 act, intentionally or not, ef- training, which is enormously impor- ago, Democrats were prepared to de- fectively wiped out those rights, and tant. I personally believe we have to bate and vote on this legislation as those individuals are subject to depor- understand that education is going to part of their high-tech visa bill, but tation. The children of these individ- be a continuing life experience. And for our Republican colleagues were unwill- uals are American citizens, born in this those who are in the job market, train- ing to bring this measure to the floor country, but the parents are subject to ing and education is going to be a life and take a vote. And last Friday, Sen- deportation and live in fear of this. experience if they are to continue to ator REID asked Senator LOTT for con- The 1986 act was a result of a series of get good jobs and enhance their skills. sent to offer the Latino and Immigrant studies done by the Hesburgh Commis- These are all related to the subject at Fairness bill and the Majority Leader sion, of which I was a member and so hand, but we have been denied the op- objected. No matter what Democrats was the Senator from Wyoming, Mr. portunity to offer them. Instead, we have done, the Republican leadership Simpson. There were a number of pro- have been virtually free of any serious has been determined to avoid this issue visions in that act. Included in that act work on the floor of the Senate since and prevent a vote. was an amnesty provision for people 10:15 this morning. Another day has Our Republican friends tell us the who had been here for some period of passed. Under the deadline that was es- Latino and Immigrant Fairness Act is time, who had worked hard and were tablished by the two leaders, the Sen- a poison pill—that it will undermine part of a community, trying to provide ate will recess at the end of next week. the H–1B high tech visa legislation cur- for their families. These letters are ex- Meanwhile, another day has passed and rently before the Senate. But, if Repub- amples of individuals who are now at we continue to be denied the oppor- licans are truly supportive of the risk, and we are attempting to resolve tunity to remedy a fundamental injus- Latino legislative agenda, that cannot their family situation. The Latino and tice. We continue to be denied the op- possibly be true. Immigrant Fairness Act is a family portunity to bring up the Latino and If they support the reunification of value issue. Immigrant Fairness Act, and the op- immigrant families as well as the im- I suggest, that if we are talking portunity to debate and reach a conclu- migration agenda set by the high tech about families and about keeping fami- sion on these matters. community, we should be able to pass lies together, that this particular pro- We are ending another day, but I both bills and send them to the Presi- vision is a powerful one. wonder what the intention is and why dent’s desk for signature. The Chamber of Commerce and a we continue to have this circus, so to I have three letters from children long list of organizations including, the speak. Americans are wondering. We who wrote to the President about the AFL–CIO, the Anti-Defamation are in the last 2 weeks of this Congress, significance of the Latino and Immi- League, Americans for Tax Reform, and we have passed two appropriations grant Fairness Act to families. I will and various religious organizations, bills. What is happening on the floor of read them quickly for the Senate. support this legislation and have point- the U.S. Congress? What Americans Dear Bill Clinton. ed out the importance of it to the econ- have seen today is a long period of My mom is a member of late amnesty. omy and the importance of it to keep- quorum calls and the denial of Mem- That is the provision under which ing families together. They have been bers to offer amendments in a timely they would have received the amnesty. strong supporters for these different way to reach a resolution of matters of Then the INS put out rules and regula- provisions. importance, such as the H–1B legisla- tions so they were unable to make the There were other amendments we tion and the Latino and Immigration application. Then they went to court hoped to offer as well. They dealt with Fairness Act.

VerDate 26-SEP-2000 01:23 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.087 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9245 I thought when we were elected to to certain industries. But the moral noke, VA. Interestingly, Virginia has the Senate, it was a question of prior- reasons, the family reasons, the sense hate crimes legislation, but it is not ities and choices. When I first came to of justice which are underlined by based upon sexual orientation. So that the Senate, I heard this would be a members of the religious faith I find is a major opening in that law. great job if you didn’t have to vote. I compelling. The legislation, which has passed in laughed when I first heard that. Now it I believe deeply that by failing to the Senate, would be able to address is back. It is a great job if you don’t act, we are denying ourselves a great this issue. We should have the oppor- have to vote. Now we are prohibited opportunity to remedy a great injus- tunity to vote on it. It was included in from voting and indicating our prior- tice. the defense authorization bill. It was ities on H–1B and the Latino and Immi- f strongly supported on the instructions grant Fairness Act. It is unfortunate by the House of Representatives. That HATE CRIMES that this is the case. conference is still open. I am a member I am going to print in the RECORD a Mr. KENNEDY. Mr. President, last of that conference. It is one of the last number of the letters that have been Friday night, an armed man walked remaining items. It ought to be in- sent to me in support of these provi- into a gay bar in Roanoke, VA and cluded. If we need a reminder of why it sions. Some of the most moving ones opened fire wounding six gay men and is important to pass this legislation, have been from some of the religious killing another. According to news re- we have that tragic circumstance. organizations. ports, the gunman asked for directions Mr. President, how much time do I I want to be notified by the Chair to the closest gay bar and confessed have remaining? when I have 10 minutes remaining. that he was shooting them because The PRESIDING OFFICER. The Sen- I have a letter from the Lutheran Im- they were gay. This vicious shooting ator has 1 minute 20 seconds. migration and Refugee Service, one of was clearly a crime motivated by hate. Mr. KENNEDY. I thought I asked for the very best refugee services. I have The victims were targeted solely be- a 10-minute warning. followed their work over a long period cause of their sexual orientation. The The PRESIDING OFFICER. That is 1 of time. They are first rate. Here is message of hate against the gay com- minute 20 seconds prior to the 10 min- what they wrote: munity was clear. utes. We understand and appreciate the needs of Hate crimes are a national disgrace. Mr. KENNEDY. I thank the Chair. our country’s high-tech industries and uni- They are an attack on everything this f versities for highly skilled employees. We country stands for. They send a poi- also feel, however, that legislation to benefit sonous message that some Americans THE ELEMENTARY AND the most advanced sectors of our society are second class citizens because of SECONDARY EDUCATION ACT should be balanced with relief for equally de- their race, their ethnic background, Mr. KENNEDY. Mr. President, I raise serving immigrants who fled persecution and political strife, seek to remain with close their religion, their sexual orientation, one other item of priority, and that is family members or long worked equally hard their gender or their disability. We the failure to take action on the Ele- in perhaps less glamourous jobs. A com- need to take a strong and unequivocal mentary and Secondary Education Act. prehensive bill would be a stronger bill vin- stand against these despicable crimes If we don’t take action, this will be dicating both economic and humanitarian whenever and wherever they happen. the first time in 35 years where the concerns. This Congress has a real opportunity Senate has failed to take action on the They have it just about right. to make a difference in the fight Elementary and Secondary Education I have another letter from the Jesuit against hate-motivated violence. Two Act. I, again, bring to the attention of Conference that says: months ago, as an amendment to the our colleagues the commitment that As you aim to make our immigration pol- Defense Authorization Bill, a strong bi- was made by the majority leader going icy more consonant with U.S. reality, we ask partisan majority of the Senate voted back to 1999. you to recognize the present situation of in favor of hate crimes legislation that On January 6, 1999, he said: thousands of immigrants from El Salvador, will close the loopholes in current law. Education is going to be a central issue Guatemala, Honduras, and Haiti who fled po- I pay tribute to the Presiding Officer this year.... For starters, we must reau- litical and economic turmoil in their coun- thorize the Elementary and Secondary Edu- tries years ago and are now living and work- for his strong support of this endeavor. cation Act. That is important. ing in the United States without permanent The House of Representatives has also immigration status. Many of those immi- demonstrated its strong bipartisan sup- On January 29, 1999: grants have built families here and have port for passing this important legisla- But education is going to have a lot of at- strengthened the U.S. economy by providing tion on the defense bill. tention, and it’s not going to just be services to the manufacturing industry with Despite this unique opportunity, the words.... the essential low-wage workers they need. Republican leadership in the Senate On June 22, 1999: Congress has already acknowledged the need and the House continue to oppose in- to ameliorate the harsh effects of the 1996 Education is number one on the agenda for immigration law. In 1997, it passed the Nica- cluding the hate crimes provisions in Republicans in the Congress this year.... raguan Adjustment and Central American the conference report on the Defense On February 1, 2000: Relief Act that allowed Cubans and Nica- Authorization Bill. By removing hate We’re going to work very hard on edu- raguans to become permanent residents, but crimes legislation from the bill, the cation. I have emphasized that every year gave Salvadorans and Guatemalans limited Republican leadership will send a dis- I’ve been Majority Leader.... And Repub- opportunities to do so. turbing message about its lack of com- licans are committed to doing that. Haitians and Hondurans were completely mitment to equal protection of the law On February 3, 2000: excluded from the 1997 law. In 1997, Haitians and to civil rights for all Americans. were given hope for equal treatment and We must reauthorize the Elementary and fairness by passage of the Haitian Relief Act, I urge Majority Leader LOTT, Speak- Secondary Education Act.... Education but the spirit of the legislation was ulti- er HASTERT, and the conferees on the will be a high priority in this Congress. mately thwarted by messy and slow law- Defense Bill to do the right thing. Both Here we are in May of 2000: making. It is time to remedy the unequal the House and the Senate strongly . . . I haven’t scheduled a cloture treatment received by Central Americans favor action this year against hate vote.... But education is number one in and Caribbeans once and for all. crimes. Now is the time for the Con- the minds of the American people all across The list goes on with group after gress to act by sending a clear and un- this country and every state, including my group representing the great face of mistakable signal to the American peo- own state. For us to have a good, healthy, this nation pointing out the moral ple that the federal government will do and even a protracted debate and amend- issues involved. Evidently they are not all it can to see that these despicable ments on education I think is the way to go. of sufficient and compelling nature offenses are punished with the full The PRESIDING OFFICER. The Sen- that we are permitted to get a vote in force of the law. ator now has 10 minutes. the Senate. We are denied that oppor- Just last Friday night, one of the Mr. KENNEDY. I thank the Chair. tunity, even though there is support most horrendous and horrific kinds of I ask the Chair to let me know when from a long list of groups that under- crimes was committed by an armed I have 2 minutes remaining. stand the economic importance of this man walking into a gay bar in Roa- Final statement, July 25:

VerDate 26-SEP-2000 01:55 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.090 pfrm02 PsN: S26PT1 S9246 CONGRESSIONAL RECORD — SENATE September 26, 2000 We will keep trying to find a way to get went from 31 to 44 percent; on calculus, I want to show, finally, where we are back to this legislation this year and get it from 19 percent to 24 percent; on phys- going over a long period of time in completed. ics from 44 percent to 49 percent—a terms of enrollment. It will continue to We have not been able to do that. We very significant increase in the number rise over the next century. We are fail- have been unable to do it. The basic of children who are taking more chal- ing in this Congress to have a debate reason that we have been unable to do lenging courses in our high schools, ac- and a conclusion on the Elementary it is because those on this side wanted cording to the College Board. and Secondary Education Act. We had to offer a series of amendments—on On this chart we see the growth in 6 days of discussion on the Elementary smaller class size; well-trained teach- the percent of students who are taking and Secondary Education Act; 2 days ers in every classroom in America; help the scholastic aptitude tests. This went for debate only. Then we had eight and assistance in the construction of from 33 percent in 1980, to 40 percent in votes—one vote was a voice vote; three schools, in the modernization of 1990, and up to 44 percent. The trend were virtually unanimous. So we had schools; afterschool programs; assur- lines are moving up. It is not an enor- four votes. ance that we are going to have tough mous amount of progress from 40 per- The PRESIDING OFFICER. The Sen- accountability; that we are also going cent to 44 percent, but nonetheless it is ator has 2 minutes remaining. to reduce the digital divide; and access showing an enhancement of the total Mr. KENNEDY. We have not had the for continuing education programs; but number of children who are taking full debate and discussion of what we also wanted to make sure that we those tests. American parents want. The fact is, were going to take the necessary steps Here are the SAT math scores. They projected over the next years, we are to help make the schools safe and se- are the highest in 30 years. This is im- going to see virtually a doubling of the cure—and once that became evident, portant because we have many more number of children, up to 94 million. then there was a different mood around children taking them. The children in this country and the here. Then that bill was effectively It is one thing that we have a small parents deserve a debate and discussion pulled by the majority. We do not yield number of children taking the test, in the Senate on education. They have now we have expanded the number of on the issue of making sure we do ev- been denied that. For the first time in children who are taking the test na- erything we possibly can to make sure the history of the Elementary and Sec- tionwide. And what do we see? The that schools are going to be safe and ondary Education Act, the Senate has SAT math scores are the highest in 30 secure. failed to meet its commitment in this I draw attention to the tragic situa- years. They have been moving up now area. consistently over the last few years. tion today in the Carter Woodson Mid- I regret that, Mr. President. I wish Actually, in the early years, in terms dle School in New Orleans, LA. Two we were debating that instead of hav- of minorities, the difference has actu- teenage boys have been involved in an- ing long quorum calls or lengthy ally diminished. other school shooting. Someone passed speeches on the floor of the Senate. What we are saying is that there are I retain the remainder of my time a gun in through a fence, and a young some very important indicators that under cloture. child used it. That child shot another are going in the right way. I was quite The PRESIDING OFFICER. The Sen- child, and then he dropped the gun. An- interested in hearing the Governor of ator from Texas. other child picked up the gun and shot Texas talk about how our schools are f the initial shooter. Both children are in all kinds of trouble and how it hap- critically injured and in surgery. pens to be the Vice President’s fault. H–1B VISAS School has been canceled for 3 days. But meanwhile the States themselves Mr. GRAMM. Mr. President, I am We have pressing education issues to have 93 cents out of every dollar to tempted to jump into the debate about address. We have pressing needs to try spend. They are the ones who have the education. The problem is not people to make our communities safer and prime responsibility to spend on edu- taking courses. It is learning some- more secure and to remove the oppor- cation. So the question comes down to, thing from the courses you are taking. tunities for children to acquire the if they are the ones who have the prime I remind my colleagues that the SAT weapons of destruction that end up responsibility, is it fair enough to ask test changed several years ago so that taking other children’s lives. But we what these Governors have been doing the minimum requirements to play are denied that. As a result, we will not over this period of time? football in division 1 went up from 700 have the chance to reauthorize. Federal participation has been tar- to 840. You might think: Rejoice, we I say that because we heard from the geted on the neediest children. They have raised academic standards in ath- majority leader that we are not going are the toughest ones to try and bring letics in college. The truth is, the test to take up education because we are educational enhancement and aca- was recentered so that everybody’s not going to consider gun legislation, demic achievement to; they are the score was raised by 140 points at that in spite of the fact that in 1994, our ma- ones who are targeted. Nonetheless, we level. I do not look at Senator KEN- jority leader co-sponsored gun legisla- see what has been enhanced. There NEDY’s test scores and rejoice that we tion that was proposed by a Republican have been some very notable kinds of now have achieved the level we had in Senator. They didn’t complain then improvements. I think the State of 1961. Can you imagine any other debate and say it was inappropriate or irrele- North Carolina, under Governor Hunt, in America where people say: We have vant at that time. It is relevant to has been one of the outstanding exam- great success; we have equaled what make sure that schools are safe and se- ples of total improvement in how they America did in 1961. cure. have been dealing with troubled I don’t call that success. I call that I heard a great deal in the last few schools—those schools that have been failure. I call that failure because with days about what is happening in the facing challenges. Instead of the pro- all the resources we are spending, the schools of this country. All of us under- posal that is offered by Governor Bush fact that we have yet to achieve what stand that we have challenges that in this particular instance, which we had achieved in 1961 is the greatest exist in our inner-city schools and would draw money from it and effec- indictment of our education bureauc- many of our rural schools. We under- tively close down that school, we find racy and a failed system that believes stand that. But I am kind of tired of out how they are handling that with that Federal control and Federal people just tearing down the public Governor Hunt in North Carolina. In money is the answer. school system. That has become rather North Carolina they send in teams to But I am not going to discuss that fashionable. We have heard that in part help restructure both the personnel right now. I want to remind people of of the national debate. I am just going and the curriculum. What is happening what has happened all day today here to bring some matters to the attention is major achievements and accomplish- in the Senate. Our Democrat col- of the Senate. ments. leagues say they are for the H–1B pro- First are the number of students who Those are the kinds of ideas we ought gram. They say they want to allow are taking advanced math and science to be embracing, the ones that have high-tech workers to come into the classes—this is from 1990 to 2000. On been tried and tested and have been ef- country to help us continue to domi- precalculus, the number of students fective. nate the world in high-tech jobs so that

VerDate 26-SEP-2000 01:23 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.092 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9247 we can continue to have economic I yield the floor and suggest the ab- illegals. But we owe something better growth. They go out to Silicon Valley sence of a quorum. to these workers and something better and say: We are with you. We are for The PRESIDING OFFICER. The to their employers than an illegal sys- the H–1B program. Yet they have spent clerk will call the roll. tem. all day filibustering it. The legislative clerk proceeded to It is a crying shame, and we ought to I don’t understand it. You are either call the roll. be ashamed of it in the Senate, and do for it or you are against it. Now they Mr. SMITH of Oregon. Mr. President, something about. say: Well, we are for it, but you have to I ask unanimous consent that the order I know Speaker HASTERT is working pass a whole bunch of bills doing other for the quorum call be rescinded. on this issue in the House. I believe our things before we are going to let you The PRESIDING OFFICER (Mr. Senate leadership is working on it adopt it. BROWNBACK). Without objection, it is so here. I think it is time for those who need ordered. But I am in a dilemma. I will admit this bill to say to our Democrat col- f it right here on the floor of the Senate. leagues: If you are for the bill, let us H–1B AND H–2A VISA LEGISLATION I want to help the high-tech industry vote on it. by providing them with highly skilled We have all heard the cliche, ‘‘if you Mr. SMITH of Oregon. Mr. President, temporary workers, but I also want to have friends like that, you don’t need I have listened to the debating back help the workers in the agricultural in- enemies.’’ The point I want to remind and forth on the issue of whether we do dustry who contribute to our economy people about is that all day long, the H–2A or H–1B. and deserve our attention as well. Democrats have been filibustering the I would like the American people to I hope that our leadership will re- H–1B program. So if anybody thinks know that I think there is a lot going spond quickly to the needs of the agri- they are for it, the next time they on behind the scenes. I think there is a cultural industry, as well as the dig- stand up and say they are for the pro- lot that needs to happen behind the nity its workers deserve. gram, I think the obvious thing to ask scenes, and quickly because both of I see our leader is on the floor. I yield is, if you are for it, why are you hold- these issues are legitimate issues. I be- the floor. ing it up? lieve America needs to make up its The PRESIDING OFFICER. The ma- We need this bill because we want to mind whether we want the high-tech jority leader is recognized. keep America growing. I believe our industry to remain an American indus- Mr. LOTT. Mr. President, I thank the Democrat colleagues are putting poli- try. It is vital to our economic good, Senator from Oregon for his time in tics in front of people. This bill is im- and we are all proud of it. We all want the Chair, for his commitments, and portant to maintain economic growth. to encourage it. We need to help the for the leadership that he provides in It is important to maintain our tech- high-tech industry by raising the H–1B the Senate. nical superiority. visas temporarily. Otherwise, this is an f I want people to know, with all the industry that is prepared to move to thousands of issues that have found other shores. I would rather they re- UNANIMOUS CONSENT their way to the floor of the Senate main on our shores because I think it AGREEMENT—H.J. RES. 109 this afternoon, that what this debate is does us an enormous amount of good. Mr. LOTT. Mr. President, I under- about is that our Democrat colleagues In my State, and in the State of the stand that Senator REID is here. I ask say they are for the H–1B program, but Senator from Nevada, and so many unanimous consent that notwith- they are preventing us from voting on States, we are seeing small businesses standing rule XXII, at 9:30 a.m. on it. If you are for it, let us vote on it thrive with the development of this Thursday, September 28, the Senate then. If you are for it, end all these ex- new technology. proceed to the continuing resolution, traneous debates. If you want to debate But I also want to speak to the need H.J. Res. 109; that the joint resolution giving amnesty to people who violated that we not abandon the cause of the be immediately advanced to third read- America’s law, then offer that some- Hispanic and Latino workers. There ing and no amendments or motions be where else. Propose a bill, but let us are many proposals right now address- in order; that there be up to 7 hours for vote on the H–1B program. ing their needs. final debate to be divided as follows: 6 Why do we need it? We need it be- I happen to be a cosponsor of a bill, hours under the control of Senator cause we want to maintain the eco- being argued by many on the other side BYRD, and 1 hour under the control of nomic expansion that is pulling people of the aisle, which help these workers. Senator STEVENS. out of poverty. We want to maintain I think it is a crying shame that we Finally, I ask unanimous consent our technological edge. But we can’t do have people living in the shadows of that the resolution be placed on the those things if the Democrats don’t let our society right now. These are people calendar when received from the us pass this bill. who are here; yes, many of them ille- House. If you are following this debate, don’t gally, probably well over a million, and The PRESIDING OFFICER. Is there be confused. They say they are for H– maybe as many as 2 million people who objection? 1B, the passage of this bill, but they are working primarily in agricultural Without objection, it is so ordered. are working every day to throw up industries. These illegal workers have f roadblocks, to stop it, and to demand infiltrated many other industries as some payment for letting us pass it. well. They have been here for a decade NOTICE OF INTENTION TO Let me make it clear, no tribute is and more. Many people worry that if SUSPEND RULE XXII going to be paid on this bill. There is Congress addresses the worker short- Mr. DASCHLE. Mr. President, pursu- not going to be a deal where they get age in agriculture, more illegal work- ant to rule V, I hereby give notice in paid off to pass this bill. They go to ers will come. I have news for them. writing of my intention to move to sus- California and to Texas and other They have already come. They are pend rule XXII to permit the consider- places and say: We are for the high- here. They live among us and con- ation of amendment No. 4184 to S. 2045. tech industry. We are for the H–1B pro- tribute to our economy. They are con- f gram. But the cold reality is that on tributing to our tax rolls, frankly, the floor of the Senate today, we did without the benefit of law. AMERICAN COMPETITIVENESS IN not get to vote on it. We did not get to I believe Republicans and Democrats THE TWENTY-FIRST CENTURY pass it. We did not make it law. We did ought to find a way as human beings to ACT OF 2000—Continued not do what we need to do to maintain reach out to the illegal farm worker Mr. LOTT. Mr. President, I am this economic prosperity and to main- community. If it isn’t with amnesty, pleased that the Senate has voted 94–3 tain our edge in the high-tech area be- there are ways we can allow them to be to invoke cloture with respect to H–1B cause the Democrats are filibustering here legally. legislation. H–1B. They say they are for it, but A lot of people say we have no work- As Members know, cloture limits de- when it gets right down to it, actions er shortage in agriculture. I tell you bate and restrains amendments to ger- speak louder than words. that we don’t if you include all the mane amendments only.

VerDate 26-SEP-2000 01:55 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.098 pfrm02 PsN: S26PT1 S9248 CONGRESSIONAL RECORD — SENATE September 26, 2000 With that in mind, I want all Sen- under rule XXII of the Standing Rules taurant workers and other people who ators to know that the Senate is going of the Senate, the chair directs the also need to be taken care of. to conduct a final vote on this legisla- clerk to report the motion. Again, we will take as little as 5 min- tion. We are committed to that, and we The legislative clerk read as follows: utes on this amendment and have a will get to that point even if it takes CLOTURE MOTION vote and go about our business. some more time. I hope my colleagues We, the undersigned Senators, in accord- Mr. LOTT. Mr. President, if I might on both sides of the aisle will allow ance with the provisions of rule XXII of the respond to Senator REID, I think he this bill to be voted on in the Senate. Standing Rules of the Senate, do hereby knows an effort was made a few days We have worked on it for months try- move to bring to a close debate on Calendar ago to see if we couldn’t clear a limited ing to get agreements to find a way to No. 490, S. 2045, a bill to amend the Immigra- number of amendments—and either get conclusion. But it is time that we tion and Nationality Act with respect to H– without identifying what those amend- 1B non-immigrant aliens: get to the conclusion and have a vote. Trent Lott, Gordon Smith, Judd Gregg, ments would be or identifying them— I predict that the final vote on this bill Wayne Allard, Conrad Burns, Craig and we are not able to clear it. We will be somewhat like the vote we had Thomas, Rick Santorum, Thad Coch- couldn’t clear it on this side. on the FAA reauthorization bill some 4 ran, Bob Smith, Spencer Abraham, Kay We had Senators on this side that years ago. There was a lot of resist- Bailey Hutchison, Connie Mack, wanted to offer other issues, too, in- ance. It took a week to get to a final George Voinovich, Larry Craig, James cluding the H–2A issue, involving how conclusion. The final vote was some- Inhofe, and Jeff Sessions. we deal with visas for agricultural thing like 97–3. I suspect that when we Mr. LOTT. Mr. President, I would be workers. There are some Members who get to a final vote here it will be 90–10, happy to vitiate the cloture votes on think we ought to do that. There are if we can ever get a vote on the sub- this bill if the Democrats would agree others who didn’t think we ought to do stance. to that. I think we could get a time it on this bill. While I understand what CLOTURE MOTION agreement and have germane amend- the Senator is saying, I have not been Mr. LOTT. Mr. President, I send a ments that could be offered, and we able to clear that, and therefore I had cloture motion to the desk to the pend- could complete it in a reasonable pe- to move forward to try to get the bill ing first-degree amendment. riod of time. Perhaps we should have to conclusion. The PRESIDING OFFICER. The clo- gone through a procedural effort dif- I always enjoy working with the Sen- ture motion having been presented ferent from what we wound up with, ator from Nevada. He has been under rule XXII, the Chair directs the but I really thought that once we had unfailingly fair and has worked with us clerk to report the motion. the cloture vote this morning, we to move a lot of issues. I appreciate The legislative clerk read as follows: would be able to get some sort of rea- that. I regret we couldn’t get this sonable time agreement—6 hours or cleared. I did try to, but I couldn’t get CLOTURE MOTION more if necessary—and get to a conclu- it done. So now we need to get to a We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the sion so that we could move on to other conclusion on the underlying. Standing Rules of the Senate, do hereby issues. I am still open to that. I know Mr. BIDEN. Will the Senator yield? move to bring to a close debate on the pend- Senator REID has put a lot of time on Mr. LOTT. I am happy to yield to the ing first-degree amendment (No. 4177) to Cal- it and had some remarks today. I cer- Senator. endar No. 490, S. 2045, a bill to amend the Im- tainly understand that. The issue or Mr. BIDEN. I realize the leader, as migration and Nationality Act with respect issues that have been raised, I think, Senator REID said, has a lot of burdens. to H–1B non-immigrant aliens: could be or would be considered on But today the House passed, by a vote Trent Lott, Gordon Smith of Oregon, other bills and other venues. I hope we of 415–3, the Violence Against Women Judd Gregg, Wayne Allard, Conrad can work together to find a way to Act—24 Republicans and all Democrats. Burns, Craig Thomas, Rick Santorum, Seventy-one cosponsored the Violence Thad Cochran, Bob Smith of New complete this important legislation. Hampshire, Spencer Abraham, Kay Failing that, I had no alternative but Against Women Act. Bailey Hutchison of Texas, Connie to go this route. I wonder if the leader would be will- Mack, George Voinovich, Larry Craig, Mr. REID. Will the Senator yield? ing to agree to a 10-minute time agree- James Inhofe, and Jeff Sessions. Mr. LOTT. I am happy to yield to the ment and we could vote on the Vio- CLOTURE MOTION Senator. lence Against Women Act tomorrow or Mr. LOTT. Mr. President, I send a Mr. REID. Mr. President, I don’t real- some day? cloture motion to the desk to the pend- ly understand because I haven’t been Mr. LOTT. Mr. President, let me say ing committee substitute. there, but I have some idea of the bur- we are going to try to clear that bill so The PRESIDING OFFICER. The clo- den that the Senator bears. I really do. we can get it into conference with the ture motion having been presented It hurts me—I care a great deal about House. If we run into problems, what- under rule XXII, the Chair directs the the Senator as a person—to delay what ever they may be, it is my intent that clerk to report the motion. I know the Senator believes is ex- legislation will be on a bill that is The legislative clerk read as follows: tremely important. signed into law before the end of this CLOTURE MOTION However, I believe we should resolve session. It is our intent to get it done. this quickly. We could have a vote in We will try a variety of ways to We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the the morning on H–1B. We, the minor- achieve that. We will want to put it on Standing Rules of the Senate, do hereby ity, don’t oppose H–1B. As I have said a bill that we hope will be signed into move to bring to a close debate on the com- today, we want a vote on the amend- law. We are not going to try to put it mittee substitute amendment to Calendar ment filed which we have been talking on something that might not be. We No. 490, S. 2045, a bill to amend the Immigra- about all day. We will take 5 or 10 min- will also be taking cognizance of what tion and Nationality Act with respect to H– utes a side and vote. We could be done the House has done. 1B non-immigrant aliens: with this legislation tomorrow at 2 Mr. BIDEN. If the Senator will allow Trent Lott, Gordon Smith of Oregon, o’clock in the afternoon or 10 o’clock me a moment, it may be helpful for Judd Gregg, Wayne Allard, Conrad Burns, Craig Thomas, Rick Santorum, in the morning, whatever the leader de- consideration to know I spoke with Re- Thad Cochran, Bob Smith of New cided. publican leadership in the House on Hampshire, Kay Bailey Hutchison, The debate we have had today has this issue, as well as here, and I am Connie Mack, George Voinovich, Larry been constructive but, in a sense, un- confident we can arrive at a bill that Craig, James Inhofe, Jeff Sessions, and necessary. I hope the majority leader, wouldn’t require a conference. Don Nickles. the man who has the burden of control- So if the leader concludes at some CLOTURE MOTION ling what goes on here, especially in point—and I take the leader at his Mr. LOTT. Mr. President, I send a his waning days of this Congress, will word and he always keeps it—the in- cloture motion to the desk to the pend- meet with the caucus or make the deci- tention is to bring this up, I think it ing bill. sion unilaterally, or whatever it takes, may be possible we could literally pass The PRESIDING OFFICER. The clo- and move on. Take care of the high a bill that would not require a con- ture motion having been presented tech people. Also, take care of the res- ference. I raise that possibility.

VerDate 26-SEP-2000 02:49 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.100 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9249 Mr. LOTT. We will be working on I was beginning to get a little despond- tuous enough to speak for you and oth- that. I have had other bills that I ent. I was even thinking of attaching ers and say we would agree to a 5- thought would zip right through’’, no the bill to the Presiding Officer’s bill minute time agreement on the bill. problem. We have one from the Fi- to make sure we get it done. Mrs. BOXER. Will my friend yield for nance Committee, the FSC issue, which Today the Washington Post, in an just a couple of quick questions, and is very important to compliance with editorial entitled ‘‘Inexplicable Ne- then I will allow him to, of course, fin- the WTO decision. I am concerned now glect,’’ noted: ‘‘There seems to be no ish his statement. we may not be able to get that cleared. good reason, practical or substantive, First, I really came over to the floor We are trying to get appropriations to oppose the reauthorization of the when I saw the Senator took time to bills considered by the Senate. We are Violence Against Women Act.’’ speak on the floor about the Violence trying to get an agreement to take up I ask unanimous consent the totality Against Women Act. It was my great the District of Columbia, and we ran of that editorial be printed in the honor when I was in the House that he into a problem. I think maybe we are RECORD. asked me to carry that bill those many fixing that problem, but I am saying to There being no objection, the mate- years ago. I remember what a struggle the Senator at this point it is hard to rial was ordered to be printed in the it was. We couldn’t get that House at get clearances. We did get one worked RECORD, as follows: that time to recognize this problem. on regarding the water resources devel- INEXPLICABLE NEGLECT I have heard my friend say many opment bill, and we are doing other There seem to be no good reason, practical times, even the words ‘‘domestic vio- issues. or substantive, to oppose reauthorization of lence’’ indicate something that is dif- This is a bill we will find a way to get the Violence Against Women Act. Originally ferent about this particular kind of vi- done before this session is over. We will passed in 1994, the act provides money to olence; there is something that is do- state and local institutions to help combat mesticated about it. It is violence; it is see what happens when we get it to- domestic violence. It is set to expire at the gether and try to work through it. end of the month. Its reauthorization has anger; it is rape; it is hard to even de- Mr. BIDEN. Mr. President, I thank overwhelming bipartisan support. But House scribe what women, particularly the majority leader. As I indicated to and Senate leaders have yet to schedule a women—although it does happen to the majority leader, this may be a vote. men—go through. unique bill not unlike the one my Versions of the bill have been favorably re- So I took to the floor just to ask a friend, the Presiding Officer, has on sex ported by the judiciary committees of both couple of questions. In light of the trafficking on which he has worked so chambers. Both would expand programs that House passage with the kind of vote during the past five years have helped create hard. This doesn’t even have those an infrastructure capable of prosecuting do- you rarely see over there—my good- problems. This has 415 Members of the mestic violence cases and providing services ness, we hardly ever see a vote like House voting for it; 3 voting against it; to battered women. Since the original act that—and the fact it was freestanding, 71 cosponsors in the Senate. I am will- was passed, Congress has devoted $1.5 billion wasn’t attached to any other bill, ing to predict, if we can agree to bring to programs created by it. The House and doesn’t my friend believe we should it up without amendment, we will get Senate bills differ, but both would authorize bring this up—I agree with him—with a 85 to 95 votes. This is in the category of more than $3 billion in further support dur- short time agreement, 2 minutes a ing the next five years. There is room to de- a no brainer. HENRY HYDE is a sponsor side? It doesn’t matter to me. We have bate the proper funding level relative to of it. It is the Biden-Hatch bill. other priorities, a matter which will be de- talked enough about this over the The only point I make, and I will be termined later by appropriators; and the pro- years. brief, time is running out. The Vio- grams won’t end immediately if the act Doesn’t my friend agree it would be lence Against Women Act expires this lapses, because funds have been approved for much better to just bring it up free- Sunday, September 30. It took me 8 the coming year. But failing to reauthorize standing instead of attaching it to an- years to get this thing done. It took 3 would send the wrong message on an impor- other bill that some people may have years after it was written just to get it tant issue and, more important, could problems with? Why would we want to considered. It took that long to get it threaten future appropriations. take this idea, this incredibly impor- With time in the 106th Congress running passed. It has been in place for 5 years. out, the Violence Against Women Act may tant idea that the Senator pushed There are no additional taxes required become a casualty for neglect rather than of through this Congress, and attach it to to pay for this bill because there is a active opposition. But that’s no comfort. another bill that may be controversial? trust fund that uses the salaries that Congress ought to find the time to pass it be- Mr. BIDEN. In response to the ques- were being paid to Federal officials fore leaving town. tion of the Senator, I fully agree with who no longer work for the Federal Mr. BIDEN. The act of 1994 signaled her. I indicated that to the majority Government; it goes into that fund. the beginning of a national—and, I leader. To give the majority leader the As I said, if there was ever a no argue, historic—commitment to benefit of the doubt, which I am pre- brainer, this one is it. Democrats like women and children in this country pared to do, I am not sure he under- it; Republicans like it. As Senator Her- victimized by family violence and sex- stands how much support this has. man Talmadge from Georgia, said to ual assault. When I indicated it should be free- me one night regarding another issue The act is making a real difference in standing, he cited other bills he when I walked into the Senate dining the lives of millions of women. The leg- thought were going to go through and room: What’s the problem, JOE? I guess islation changed our laws, strength- they didn’t go through and that was I looked down. He was chairman of the ened criminal penalties, and facilitated what he was worried about. Agriculture Committee. I said: I’m enforcement of protection orders. He had to leave here necessarily and having problems with such and such an I see my friend from California is so didn’t hear my response, which is, issue. He said: What is the problem, here. When she was in the House of this is not like any other bill. I have son? I repeated; I thought he didn’t Representatives, she was one of the few not heard of any problem. If any staff hear me. He said: No, you don’t under- people, man or woman, on either side is listening—staffs of all one hundred stand. Republicans like it; Democrats that fought for 2 years to get this Senators listen to proceedings. They like it. So just go and do it. passed. I say to the Senator, the major- are assigned to listen to them. I ask Well, that is where we are tonight. ity leader indicated he plans on mak- anybody in the Senate who has any Democrats like the bill; Republicans ing sure that this gets voted on this problem with the Biden-Hatch bill to like the bill; the House likes the bill; year. ‘‘This year’’ means the next cou- please come and let us know, to debate the Senate likes the bill; women like ple of days or weeks. He says he wants it. I do not know anybody who is even the bill; men like the bill, business to attach it to another bill. willing to debate it, to say they are not likes the bill; labor likes the bill. So I have been making the case, I say to for it. why don’t we have the bill? And I have my friend from California, that based I would be dumbfounded, when in fact been hollering about this for 2 years on the vote in the House, 415–3 and 71 we bring this up, if we bring it up free- now. Senators cosponsoring the Biden-Hatch standing, if it didn’t get everyone in Hopefully, in light of what the major- bill here in the Senate, we should bring the Senate voting for it. I would be as- ity leader said, maybe we will get to it. this up free-standing. I was presump- tounded if it got fewer than 85 or 90

VerDate 26-SEP-2000 02:18 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.104 pfrm02 PsN: S26PT1 S9250 CONGRESSIONAL RECORD — SENATE September 26, 2000 votes. I would not at all be surprised if I say to men who say: Gee, whiz, why counterintuitive. Wouldn’t you think it got 100 votes. But I am not sure the don’t women just walk away; Why that would be the last thing a child majority leader understands that. don’t they just walk away from this would do? But the psychologists tell us Frankly, what the Senator from Cali- abuse they get; There are a lot of rea- it is the first thing. They learn vio- fornia and I could do with Senators sons they don’t, from being physically lence is a readily available and accept- HATCH and SPECTER and others who are intimidated, to being psychologically able means of resolving power disputes. supportive of this bill—maybe we can intimidated, to having no place to go You know, as the Chair I am sure go see the majority leader tomorrow and no financial resources. knows—I am not being solicitous be- and lay out for him why we are so cer- Mrs. BOXER. Will my friend yield on cause of his work in this generic field— tain he will not get himself in a traffic this point? about 60 percent of the people in prison jam if he brings this bill up and why he Mr. BIDEN. Yes. today have been abused or were in fam- doesn’t need to attach it to anything Mrs. BOXER. I think also—and I ilies where they witnessed abuse. This else. know he is so aware of this—another is not rocket science. I hope we get on Mrs. BOXER. Right. I say to my reason they do not walk away is their with it. friend, since we are strategizing here in kids. There are a few things I want to men- front of the world—— Mr. BIDEN. Absolutely. tion. This bill does not merely reau- Mr. BIDEN. The whole world. Mrs. BOXER. They fear for their thorize what we have done. I made a Mrs. BOXER. We might want to see if kids. With all of the attention we have commitment, when I wrote this bill we could get some signatures on a let- paid to the entertainment industry— and we finally got it passed as part of ter asking him to bring it up free- and the Chair has taken a lead on the Biden crime bill, that I would go standing because it seems to me to be this—to call to everyone’s attention back and look at it—and others have, the best thing to do. the excess of violence and the mar- too, but personally since I was so in- Almost everything else we do, as my keting of too many R-rated films to volved in it—and the parts that were friend has pointed out, is controversial. kids, we know for sure, I say to Sen- working I would try to beef up; the But when you have a bill that has ator BIDEN, there is only one proven parts that were weak and did not make worked to increase the funding for predictor that violence will be passed sense, I would jettison. In the reau- shelters and train judges and doctors on to the next generation, and that is thorization, I would get rid of them. and the rest, and as a result we have when the child sees a parent beat the I hope my colleagues will see we have seen a 21-percent decline in this kind of other parent. We know that 60 percent kept that commitment. We take the violence, it ought to breeze through or more of those kids are going to grow parts we found were lacking in our first here. But I really came to the floor to up in the same fashion. bill and we, in fact, beefed them up. We thank my friend for his leadership here I was going to leave now, but every kept the police training, the court and his continued focus on this issue. A time the Senator starts to bring up an- training, and all those issues. We kept lot of us, as we get older, start think- other point, it is so interesting, I am the violent crime reduction trust fund ing: What have I done that I am really kind of spellbound. But the bottom line which, by the way, gets about $6.1 bil- proud of? I know my friend can truly is, with this bill we are helping women lion a year from paychecks that are say—and I can say it because I was for- and children and families. We are not going to Federal employees any- tunate he involved me in this early standing for the values that I thought more and go into this trust fund. It on—this is one of the good things, one we all mean when we say ‘‘family val- trains attorneys general and the rest. of the great things. ues.’’ Again, my thanks. What it does beyond all it has al- I thank my friend and hope we can Mr. BIDEN. I thank my colleague. ready been doing is it provides for tran- prevail on the majority leader to bring Mr. President, I will not go through sitional housing for women. We have this up freestanding. I thank my col- the whole of my statement. Let me over 300,000, in large part thanks to league for yielding. just make a few other points. Senator SPECTER from Pennsylvania, Mr. BIDEN. I thank the Senator. I I must say I compliment the Chair who has been so dedicated in his appro- will follow onto that. for his work and his, not only intellec- priations subcommittee to this. We History will judge—and even that is a tual dedication but, it seems to me, have built all these new shelters. We do presumptuous thing, to think history passionate commitment to do some- not send women to shantytowns. This will even take the time to judge, but thing about the international sex traf- is decent housing with anonymity, giv- some folks will judge whether or not ficking occurs. This is a women’s issue ing them an opportunity to get out my career in the Senate accomplished internationally. from under the male fist abusing them, anything. I know for me, the single I suspect he feels the same way I feel and they can bring their children with most important thing I have ever been about this legislation. I suspect he be- them. involved in, and have ever done, and I lieves there is probably not much more Seventy percent of children on the care more about than anything I have that he has done that is as tangible and street are homeless because their ever been involved in, is this legisla- might affect the lives of people, that mothers are on the street, a victim of tion. The thing I am most proud of is you could look to, you could count, domestic violence. We realized there is that it has become a national con- you could touch, you could see. When I a gap here because there are so many sensus. It is not a Democratic issue; it said there are a lot of calls, literally women knocking down the door to get is not a Republican issue; it is not a over half a million women, over 500,000 into these shelters to get out of abu- women’s issue, not a men’s issue. We women have picked up the phone and sive circumstances. We can only keep have taken that dirty little secret of called, probably huddled in the dark in them there for 30 days, 60 days, some- domestic violence out of the closet. the corner of their closet or their times longer. They cannot go back Mrs. BOXER. That is right. room, hoping their husband or signifi- home because their husband has either Mr. BIDEN. We have freed up, as a cant other is not around, and said in a trashed the home or tried to sell the consequence of that, not only the bod- whisper, ‘‘Help me, help me’’—given home or they have to move back in ies but the souls of millions of people their name and address and said, ‘‘Help with the husband. We tried to find and thousands and thousands of me.’’ some transitional housing that takes women. Think of that. Think of that. A half them down the road for the next couple As the Senator well knows, the hot- a million women have picked up the of years and gives them some hope. line that she and Senator KENNEDY, phone. How many more have not We also beef up cross-State protec- Senator SPECTER, and others have picked up the phone? tion orders. For example: God forbid worked so hard to put in place, that The thing we should be aware of—and there is a woman staffer in ear shot hotline has received literally hundreds I know the Chair knows this—it is and she lives in Virginia or Maryland of thousands of calls—300,000 all told— counterintuitive to think a child who or a nearby State and she went to the tens of thousands of calls over the watches his mother being beaten to a court and said: Look, my husband or years since we passed this, saying: Help pulp would then beat his wife or my boyfriend or this man has harassed me, help me. I am trapped. girlfriend later. That is me or beaten me, and I want him to

VerDate 26-SEP-2000 02:49 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.106 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9251 stay away from me. The court issues ened by what the House did. I am en- of 2000 was drafted in a bipartisan ef- what they call stay-away orders, vic- couraged by what Senator LOTT said to fort. It is particularly timely that the tim protection orders. me today on the floor, and I look for- Senate consider this legislation tomor- That woman may work in the Dis- ward to the opportunity to convince row, precisely at the moment when the trict of Columbia. Now she crosses the the leader to bring this up in whatever Serbian people have courageously line from Virginia or Maryland into form that will allow us to pass it be- voted against Milosevic’s tyranny that D.C., and she gets harassed. The man cause, again, this is not a Republican has so thoroughly ruined their country violates the order, and she goes to a or Democratic issue. This literally af- during the last decade. D.C. cop or D.C. court. They do not fects the lives of thousands and thou- I would like to review the main pro- have any record of it. There is no sands of women. visions of the legislation we will be record or they do not honor it. I am not f voting on tomorrow and then propose talking about D.C. particularly. One alternative strategies for our relations State does not honor another State. SUPPORTING DEMOCRACY IN with Serbia, depending upon the out- What we have done is beefed up the SERBIA come of the elections. requirement that States honor these Mr. BIDEN. Mr. President, on an- The act supports the democratic op- stay-away orders when women cross other matter which relates to another position by authorizing $50 million for the line, literally cross a State line, form of human rights, I wish to speak fiscal year 2001 to promote democracy cross a jurisdictional line. to the legislation we are going to bring and civil society in Serbia and $55 mil- There is a very well-known reporter up tomorrow, the Serbian Democra- lion to assist the Government of Mon- at the Washington Post—although he tization Act of 2000. I am an original tenegro in its ongoing political and has written about this, I am not going cosponsor of this legislation. I am told economic reform efforts. It also au- to take the liberty of using his name that tomorrow we are going to get a thorizes increasing Voice of America without his permission. His daughter chance to deal with this issue. and Radio Free Europe broadcasting to was in a similar situation in Massachu- As everyone knows, Slobodan Yugoslavia in both the Serbo-Croatian setts. She was abused by someone. A Milosevic is on the ropes. Despite and Albanian languages. stay-away order was issued. She was in Milosevic’s massive systematic effort Second, the act prescribes assistance Massachusetts. She was in a different to steal Sunday’s Yugoslav Presi- to the victims of Serbian oppression by county. The man, in fact, violated the dential election, his state election authorizing the President of the United order. They went into a local court. commission had to admit that the op- States to use authorities in the For- The local court, because there were not position candidate Vojislav Kostunica eign Assistance Act of 1961 to provide computerized records, did not know won at least the plurality of the votes humanitarian assistance to individuals there was a State stay-away order. already counted; 48.22 percent to be living in Kosovo for relief, rehabilita- By the way, the stay-away order says exact. tion, and reconstruction, and to refu- if you violate the order, you go to jail. According to opposition poll watch- gees and persons displaced by the con- If a man follows a woman into a dif- ers, Kostunica in all probability actu- flict. ferent jurisdiction and the jurisdiction ally won about 55 percent of the vote, Third, the act we will vote on tomor- knows that order exists and he violates which would have obviated the need for row codifies the so-called ‘‘outer wall’’ the order, they can arrest him and send a two-candidate second-round runoff of sanctions by multilateral organiza- him to jail on the spot because it is with Milosevic, which now seems like- tions, including the international fi- part of the probation, in effect, to stay ly. nancial institutions. away. It is part of the sentence, if you It is still unclear whether the demo- I talked about this with Senator will; not literally a sentence. They can cratic opposition will go along with VOINOVICH of Ohio, and we agreed that put him in jail. this semi-rigged, desperation plan of we have to give the President more George’s daughter said: This guy has Milosevic’s to hang on by rigging the flexibility in this area. an order. He is not supposed to be near runoff. Even if Milosevic loses the run- Fourth, it authorizes other measures me. off and is forced to recognize the re- against Yugoslavia, including blocking The judge said: We have no record of sults of the election, he may still at- Yugoslavia’s assets in the United that order because they are not com- tempt to hold on to the levers of power States; prohibits the issuance of visas puterized for interchange of these through his control of the federal par- and admission into the United States records. liament and of the Socialist Party with of any alien who holds a position in the They walked outside the courtroom, its network of political cronies and senior leadership of the Government of and this man shot her dead. He shot corrupt businessmen. Yugoslavia of Slobodan Milosevic or dead on the spot the daughter of this He may use the classic tactic of pro- the Government of Serbia and to mem- famous Washington reporter because voking a foreign crisis by trying to un- bers of their families; and prohibits there was not the honoring, even with- seat the democratically elected, pro- strategic exports to Yugoslavia, on pri- in the State, of these orders. We beefed Western government in Montenegro, a vate loans and investments and on that up. move I warned against on this floor military-to-military cooperation. By the way, in my State of Delaware, several months ago. The act also grants exceptions on ex- which has a relatively low murder rate, We will have to wait and see for a few port restrictions for humanitarian as- 60 percent of all the people murdered in days before knowing exactly how the sistance to Kosovo and on visa prohibi- the last 2 years were women murdered situation in Yugoslavia is going to de- tions to senior officials of the Govern- by their husband or their boyfriend. velop, but there is no doubt whatsoever ment of Montenegro, unless that Gov- Did my colleagues hear what I just as to who the primary villain in this ernment changes its current policy of said? Murdered by their husband or drama is. It was, it is, and it continues respect for international norms. boyfriend. The vast majority of women to be Slobodan Milosevic, one of the The act contains a national interest who are murdered in America are mur- most despicable men I have personally waiver for the President. The President dered by a significant other or their met, and, as everyone in this Chamber may also waive the act’s provision if he husband. This is not a game. knows, a man who has been indicted by certifies that ‘‘significant progress has We are now in a position where there The Hague Tribunal for war crimes and been made in Yugoslavia in estab- is, in fact, no authorization for the is the chief obstacle to peace and sta- lishing a government based upon demo- continuation of this law for which we bility in the Balkans. Therefore, it cratic principles and the rule of law, worked so hard. Come October 1, which should be—and has been—a primary and that respects internationally rec- is what, how many days? Today is the goal of U.S. foreign policy to isolate ognized human rights.’’ 26th. The point is, in less than a week, Milosevic and his cronies, and to assist Clearly, if the democratic opposition this law is out of business. the Serbian democratic opposition in triumphs in the current elections, the I have much more to say about this, toppling him. chances will increase dramatically but I will not take the time of the Sen- Earlier this year, with this goal in that the President will exercise this ate now. I am encouraged, I am heart- mind, the Serbian Democratization Act waiver option.

VerDate 26-SEP-2000 02:18 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.109 pfrm02 PsN: S26PT1 S9252 CONGRESSIONAL RECORD — SENATE September 26, 2000 We, the Congress, are saying to the Mr. Kostunica, by all accounts, is ton. The government has also taken people of Serbia that they are our honest and democratic, a dissident in the much less popular step of handing friends, not our enemies. It is their Communist times and a man with a over to The Hague Tribunal several Government, it is Slobodan Milosevic reputation for probity. He seems, how- high-ranking Croats who were indicted that is the problem, not the Serbian ever, to represent a democratic, honest for alleged war crimes. people. variant of a rather extreme Serbian na- The United States has a great deal Today in the Committee on Foreign tionalism. invested in a democratic, multiethnic Relations, we discussed at length with His language describing NATO’s Op- Bosnia, and if Serbia and the rest of Madeleine Albright what we should be eration Allied Force has been strident. the world is lucky enough to be rid of doing about Serbia. I have discussed it Like Milosevic—and most other Ser- Slobodan Milosevic, we should not give as well with Senator VOINOVICH. bian politicians—he calls for the return him an ex post facto victory by apply- I see the Senator from Iowa is on the of Kosovo to Belgrade’s rule. But I am ing a looser standard of behavior on his floor. He may be here for other reasons, prepared to have an open mind on what successor than we have to Tudjman’s but I know his keen interest in Serbia, he said. I can understand why, in run- successors in Croatia. To be blunt: re- the Serbian people, and the need for us ning for President, being labeled by Mr. spect for Dayton and cooperation with to render assistance if they, in fact, Milosevic as the ‘‘dupe of the West’’ The Hague Tribunal must be litmus move in the direction of democracy. and ‘‘a puppet of the United States,’’ tests for any democratic government in The act calls for Serbia to cooperate he would feel the need to openly con- Serbia. with the International Criminal Tri- demn the United States. I fervently hope that Mr. Kostunica bunal for the former Yugoslavia. I also do not have a problem with the emerges victorious in the Yugoslav It also contains two important Sense fact that he may have used tough lan- elections. If he does, the United States of the Congress provisions. The first is guage with regard to Kosovo. There is should immediately extend to him a that the President should condemn the a difference between words and his ac- sincere hand of friendship, with the as- harassment, threats, and intimidation tions. So I will have great problems sistance outlined in the pending legis- against any ethnic group in Yugo- with him if, in fact, he tries to again lation. slavia, but in particular against such suppress the Kosovars, who, if he We should make clear to him that if persecution of the ethnic Hungarian comes to power will probably increase he chooses to cooperate with us, a minority in the Serbian province of their agitation for independence. ‘‘win-win’’ situation would result, with Vojvodina. Moreover, Kostunica has repeatedly tangible benefits for the long-suffering The second voices support for a fair said that if he is elected he would and isolated Serbian people who, we and equitable disposition of the owner- refuse to hand over The Hague those should never forget, were this coun- ship and use of the former Yugoslavia’s Serbs indicted by the International try’s allies in two world wars during diplomatic and consular properties in War Crimes Tribunal. the twentieth century. the United States. To a large extent Kostunica’s criti- If, on the other hand, Mr. Kostunica Finally, in a move to facilitate the cism of Milosevic’s policies toward comes to power and thinks that his un- transition to democracy in the Federal non-Serbs in the old Yugoslavia— deniable and praiseworthy democratic Republic of Yugoslavia, Congress au- Slovenes, Croats, Bosniaks, and credentials will enable him to pursue thorizes the President to furnish as- Kosovars—is that those policies re- an aggressive Serbian nationalist pol- sistance to Yugoslavia if he determines sulted in four failed wars. There is no icy with a kinder face, then we must and certifies to the appropriate con- indication, for example, that Kostunica disabuse him of this notion. gressional committees that a post- would cut off Belgrade’s support for the Should our West European allies Milosevic Government of Yugoslavia is radical Bosnian Serbs who on a daily choose to embrace a post-Milosevic, ‘‘committed to democratic principles basis are trying to undermine the Day- democratically elected, but ultra-na- and the rule of law, and that respects ton Agreement. tionalistic Serbia, then I would say to internationally recognized human Of course, as I have indicated earlier, them ‘‘good luck; we’ll concentrate our rights.’’ Kostunica’s policies must be seen in policy in the former Yugoslavia on pre- Mr. President, the Serbia Democra- the context of an electoral campaign. paring democratic and prosperous Slo- tization Act offers the President ample Nonetheless, they do reflect what the venia for the next round of NATO en- flexibility in dealing with Serbia. If traffic will bear. In other words, they largement, on continuing to help re- Milosevic should succeed in frustrating reflect his view of contemporary Ser- construct Bosnia and Kosovo, and on the will of the Serbian people by steal- bian society. supporting the democratic govern- ing this election, the act will give the During the Bosnian war and after it, ments in Macedonia, Croatia, and Mon- President of the United States a com- I often stated publicly that in my opin- tenegro.’’ plete kit of peaceful tools to continue ion Croatian President Franjo Mr. President, the long-frozen, icy to try to undermine his oppressive re- Tudjman was cut from the same cloth situation in Serbia appears finally to gime. as Milosevic—an aggressive, anti- be breaking up. I genuinely hope that If, on the other hand, the democratic democratic leader. The only reason I Serbia is on the verge of democracy. I opposition led by Mr. Kostunica man- advocated helping to rebuild his army urge my colleagues to support the Ser- ages to make its electoral victory was because, unlike Serbia, Croatia did bia Democratization Act of 2000 in stick, then the final provision of the not represent a major threat to the re- order to enable our government peace- act becomes the operative one in which gion. In fact, in the summer of 1995 the fully to deal with any eventuality in we open up the spigot of increased as- reorganized Croatian Army provided that country. sistance to a democratic Serbia. Obvi- the Bosnian Army and the Bosnian Mr. HARKIN. Mr. President, will the ously, this would be the preferred op- Croat militia the support necessary to Senator yield? tion. rout the Bosnian Serbs and bring all Mr. BIDEN. I yield to the Senator Unfortunately, however, foreign pol- parties to the negotiating table. from Iowa. icy is rarely so black and white. The Since Tudjman’s death, Croatia has f apparent winner of the election, Mr. proven that beneath the surface of Kostunica, is vastly preferable to Tudjman’s authoritarianism a genuine, THE VIOLENCE AGAINST WOMEN Milosevic, but this may be a case of Western-style democratic body politic ACT AND THE NOMINATION OF damning by faint praise. As many of survived. The newly elected govern- BONNIE CAMPBELL my colleagues have heard me say on ment of President Stipe Mesic and Mr. HARKIN. Mr. President, I want other occasions, I met Milosevic in Bel- Prime Minister Ivica Racan has uti- to engage in a small colloquy with the grade during the Bosnian war and lized this mandate not only to enact Senator. I tell my friend from Wash- called him a war criminal to his face. domestic democratic reforms, but also ington, I meant to get to the floor be- Not only is he a war criminal, but he is to cut off support for the radical fore the Senator finished speaking on thoroughly corrupt and anti-demo- Herzegovina Croats who have done ev- the Violence Against Women Act. cratic. erything in their power to undo Day- Mr. BIDEN. Yes.

VerDate 26-SEP-2000 02:18 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.111 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9253 Mr. HARKIN. I know you switched time near the end of a session when going out of session. I mean, we could from that to talk about our mutual there is going to be a Presidential elec- have shut this place down easily and enemy, Milosevic. But I wanted to, tion. walked away and pretended to have a again, thank the Senator for his re- That is flat malarkey. Ask the Sen- clear conscience and said: We have marks and his strong support for the ator from Texas, Mr. GRAMM, who is a done the Nation’s work. Violence Against Women Act. Hope- good friend of mine. He and I are on op- To be fair about it, there were three fully, we will get it over here from the posite ends of the political spectrum. I members of our caucus who ripped me House and pass in due course. was chairman of the Judiciary Com- a new ear in the caucus for doing this, But I want to ask the Senator this mittee. My friend from Iowa may re- three of them. Two are gone; one is question. The Senator knows the per- member this. We went into a caucus in still around. No, we shouldn’t do this. son who heads the Violence Against the last 2 days when President Bush But this is an example of what hap- Women Office in the Department of was the President of the United States. pens. Justice, the former attorney general of We were about to go out of session, as I have been here since 1972. It started the State of Iowa, Bonnie Campbell. we say in the Senate, and adjourn sine in October of the 1972 election. I wasn’t She is the first and only person to head die. What happened? We walked out here in the 1972 election. Then in the this office in all these years. She has onto the floor of the Senate. The Sen- 1976 election, they started to hold up done a great job. I think both sides rec- ator from Texas said he had several judges. They started holding up judges ognize that. qualified judges in Texas, Republicans, somewhere around September. And I ask the Senator from Delaware, not and why were we holding them up. then it moved; by the 1980 election, only is it important to pass the Vio- I went to our caucus and said: We they were being held up in July. This lence Against Women Act, to get it re- should pass those judges. Several in year, our Republican friends started 18 authorized, but isn’t it also equally im- our caucus, two who are no longer here, months ago to hold these folks up. portant to get people on the Federal said they opposed this. I said: Well, you This is what I am worried is going to bench who understand this issue, who are going to have to oppose me to do it. happen, and I will end with this. I am have worked on this issue, like Bonnie On the floor of the Senate, the last worried if we take back this place, we Campbell, whose nomination is now day, the last hour, the last session, we are going to have a lot of new women pending before the Judiciary Com- passed those Texas judges. and men in this place say: Hey, the Re- mittee? I will never forget, the reason I love publicans did that. Mark my words. I ask the Senator, wouldn’t it be a him so much, the Senator from Texas, You will have a bunch of Democratic good thing for this country to have Mr. GRAMM—who I kiddingly call Senators who have no institutional someone with Bonnie Campbell’s expe- ‘‘Barbwire’’ GRAMM; we kid each memory out here—if we have a Repub- rience and her background and leader- other—he walked up on the floor and lican President and a Democratic Sen- ship in that office on the Eighth Cir- put his hand out to me and he said: ate—holding up Republican judges a cuit Court of Appeals? We have had the JOE, I want to thank you. You are one year out. This is bad, bad, bad prece- hearings. She has been approved. We of the nicest guys here—that is not dent. This is not a good thing to do. have had all the hearings. She is sup- true—but he said: You are one of the Mr. HARKIN. I ask the Senator fur- ported by the bar association, and by nicest guys here. I want you to know ther, is it true that we have only had the Iowa Police Association. She has one thing: I would never do it for you. one circuit judge that was nominated broad-based support from both sides of That is literally a true story, and he this year, approved? the aisle. Mr. BIDEN. Best of my knowledge. I I ask the Senator, wouldn’t her con- will repeat that story for you. The don’t do it day to day as I did before. firmation be good for this country? truth is, it is not good politics. It is not Coincidentally, he was from Delaware. Wouldn’t it be good to have someone in good justice. It is not good anything, Mr. HARKIN. The other reason I have the Eighth Circuit like Bonnie Camp- just to hold up somebody. heard that they had had trouble with bell to make sure that the Violence By the way, it has been held up for a Bonnie Campbell is that she wasn’t Against Women Act was thoroughly year. It is not as if they have held up nominated until early this year. enforced and upheld in our courts? this woman for the last 10 minutes, the Mr. BIDEN. In response to my friend, last 10 days. I did some further research. Again, I the answer is absolutely yes. I will tell Mr. HARKIN. She has been in since ask the Senator, he has a lot of institu- him that because I was the one who au- earlier this year. tional knowledge. I looked up the cir- thored that act. The President was Mr. BIDEN. I think the long answer cuit court judges in 1992, to find out very gracious in calling me and asking to a very short question is, this is an when they were nominated and when me who I would like to see be the one outrage. It is an outrage that she is not they were confirmed. If we look, here is to oversee that office. I recommended on the bench now. And I would hope one who was nominated in January of one, and only one person, the former that sanity would prevail. 1992, confirmed in September. Here is attorney general of the State of Iowa Mr. HARKIN. I ask the Senator fur- another one, January of 1992, con- who helped me write the act in the ther, I had been hearing that one of the firmed in February of 1992. We come first instance, Bonnie Campbell. reasons that it might be hard to get clear down here, there is one here, I cannot tell you how disappointed, Bonnie Campbell through was, well, Timothy K. Lewis, nominated in Sep- dismayed, and angry, quite frankly, I this is a circuit court and it is right be- tember of 1992, hearing in September, have been, as a member of the Judici- fore an election. You have to under- confirmed in October, right before the ary Committee, about the fact that—I stand that in an election year, we don’t election, nominated by a Republican will be blunt about it—our Republican confirm very many circuit court President. colleagues in the committee and here judges. And so I looked back in the Mr. BIDEN. Look at Norm Stahl. will not allow this woman to have a records. I wonder if the Senator can at- Norm Stahl is in the first circuit, a vote on the floor of the Senate. The test to this, since he is on the Judici- New Hampshire judge. Norm Stahl was ABA rates her highly. As you said, ev- ary Committee. nominated in March. I held the hearing eryone I know in the Midwest who Mr. BIDEN. I was chairman for every in June, and in June of that year, 1992, knows her, everyone, Republican and one of these people. I can probably give election year, we confirmed him. Jus- Democrat, likes her. you the names of all nine of these peo- tin Wilson didn’t make it. There were I see my friend SLADE GORTON on the ple. reasons that that occurred, by the way. floor. He knows a little bit about the Mr. HARKIN. In 1992, an election I can understand a political party say- process of picking judges. I am con- year, your committee confirmed nine ing: Hey, look, this nominee you have fident he and others, as my other col- circuit court judges. sent up is just not palatable to us. We leagues in this room, would agree that Mr. BIDEN. That is right. in the majority will not vote for that qualified judges should not be kept Mr. HARKIN. Under a Republican person. We are flat not going to. I got from being on the bench for politics. President. that. I understand that. People say: Well, this is the usual Mr. BIDEN. This is in the waning The deal I made honestly, straight up thing. We hold up these judges all the hours. This last one, we were literally with President Bush—if he were here,

VerDate 26-SEP-2000 02:18 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.113 pfrm02 PsN: S26PT1 S9254 CONGRESSIONAL RECORD — SENATE September 26, 2000 he would acknowledge it, and my Re- LEY and I have been calling for a Sen- tant law because she helped write it publican colleagues on the committee ate vote on her confirmation. She also and implement it. will tell you—I said: Here is what I will has the bipartisan support from Demo- Mr. BIDEN. When she was attorney do. If there is someone who is abso- crats and Republicans from my state of general, she helped write it. lutely, positively going to be a fire Iowa who worked with her when she Mr. HARKIN. She can help make sure storm, if they are brought up, I will served as Iowa attorney general. that the law lives, that the Violence flag that person as soon as you name (Mr. L. CHAFEE assumed the chair.) Against Women Act is enforced by the him, tell you what the problem is, and Mr. BIDEN. The point that is impor- courts by being on the Eighth Circuit. tell you there is going to be a fight. tant to make for people who may be Yet she is being held up here. I will tell And you can decide whether you want listening is that we Democrats con- you, it is not right. I hope when we to go forward or not go forward. trolled the committee. I remember this take up the Violence Against Women That is not the case with Bonnie case explicitly because I got walloped. Act, which I hope we do shortly, I will Campbell. I ask the Senator a question: I ran for the Senate because of civil have more to say about this sort of Has anyone come to him and said, the rights, and I got walloped because I split personality that we see here. reason I am against Bonnie Campbell is held a hearing. Every liberal group in They say: Yes, we are for the Violence she is incompetent, or the reason I am the country castigated me for holding Against Women Act, but, no, don’t put against Bonnie Campbell is because she the hearing. And then we referred a woman on the circuit court who is doesn’t have a judicial temperament, Judge Carnes to the Senate—get this— widely supported, who has headed this or the reason I am against Bonnie in September of the election year; we office and did it in an exemplary fash- Campbell is she is just not a main- confirmed a very controversial judge. ion. stream person? I mean, I haven’t heard So, again, I understand the point the I thank the Senator. anybody tell me why they are against Senator is making. I just think this is Mr. BIDEN. Mr. President, I under- Bonnie Campbell. Have you? a terrible precedent that we are con- stand the passion the Senator feels. It Mr. HARKIN. I can tell the Senator, tinuing to pile on here. I think there is is particularly difficult to go through no one has ever said that to me. In going to be a day when the nature of this kind of thing when it is someone fact, Republicans in Iowa ask me why this place—as my Republican friends from your home State being so shab- she is being held up. Why isn’t she told me: What goes around comes bily treated. I empathize with him. I going through? Mainstream Repub- around. That is a nice political axiom, might say parenthetically, Bonnie licans are asking me that. Editorials but it is not good for the courts. We Campbell—and we are not being collo- are being written in Iowa papers saying have a fiduciary responsibility under quial calling her Bonnie. People might the Senate ought to move on this the Constitution to deal with the third be listening and saying, well, if this nominee and not hold her up. No, not coequal branch of the Government. We were a male, would they call him John- one person has come up to me and said are not doing it responsibly. What the ny Campbell? Bonnie Campbell is what she is not qualified, not one person. Senator hasn’t mentioned and won’t go she is known as. So we are not making When you were chairman and we had a into because the floor staff wants me up pet names here. This is Bonnie Republican President and a Democratic to make a request here—but that Campbell. Senate, we had just the opposite of doesn’t even count. The District Court This is a woman who has been an in- what we have now. Nine circuit court judges, where there are serious emer- credible lawyer, a first-rate attorney judges were nominated in 1992 who gencies that exist because they cannot general in one of the States of the were confirmed the same year. try the civil cases because the criminal United States. She has run an office Mr. BIDEN. In fairness, 5 of those 14 cases are so backed up, we have held up that, at its inception, didn’t have a sin- judges were not confirmed. We laid out for over a year. gle employee, didn’t have a single why, and there was a great controversy Mr. HARKIN. I thank the Senator for guideline, didn’t have a single penny about it. We debated it and we laid out yielding. I apologize to my friend from when she came in. She has done it in a why. Washington who wants to speak. I did fashion, as the Senator said, that the Again, I never question the right of want to engage in this colloquy be- ABA thinks she is first rate. Coinciden- the Senate or an individual Senator to cause of the history of the circuit tally, this will cause controversy, but say, I do not want so-and-so on the judges. But, more specifically, every- we seem to hold up people of color and bench and I will tell you why and I will body is now talking about the Violence women for the circuit court. They tend fight it. Against Women Act and how it needs to get slowed up more than others I got that. I got that. I understand to be reauthorized. That must be done. around here. It simply is not right. that. That is what the advise and con- Yet everybody is falling all over them- This is a woman who is as mainstream sent clause is about. But what I don’t selves. The House passed it today with as they come, who is well educated. If get is: Hey, you know, she is a Demo- 415 votes in the House. anybody has a judicial temperament, crat, we are Republicans. We may win Mr. BIDEN. Isn’t that amazing—415 this person has it. so we will not confirm anybody until votes? You only get that on resolu- Mr. HARKIN. Absolutely. we determine whether we win. tions, say, for motherhood and the flag. Mr. BIDEN. Mr. President, I will join Mr. HARKIN. I don’t have all the Mr. HARKIN. You know what 415 the Senator in whatever way he wants, memory the Senator has. votes says to me? It says that the as many times as he wants. I can’t say Mr. BIDEN. I have too much of it, un- House has given Bonnie Campbell an A- enough good about Attorney General fortunately. plus for her job in implementing the Campbell, and I have known her for a Mr. HARKIN. I am not on the Judici- provisions of the Violence Against long time. ary Committee. I had my staff look Women’s Act, since it became law in f this up. I did remember Mr. Carnes, 1994. If you had somebody who had done who was highly controversial, a very a terrible job and given a bad impres- MEASURE READ THE FIRST conservative assistant attorney gen- sion of what the law was about, no, you TIME—S. 3107 eral who was nominated that year, a would not have had 415 votes. It is ob- Mr. BIDEN. Mr. President, I under- lot of civil rights groups opposed him vious to all that Bonnie Campbell has stand that S. 3107, introduced earlier because he was considered one of the run that office in an exemplary fash- today by Senator GRAHAM of Florida, is nation’s best attorneys in arguing for ion, in a professional manner, and has at the desk. I ask for its first reading. the death penalty. There was talk brought honor to the judiciary, to the The PRESIDING OFFICER. The about him being insensitive to civil Department of Justice, and to this law clerk will read the bill for the first rights, regarding the death penalty. that we passed here. Yet people are time. Even with all of that, we brought him falling all over themselves today talk- The legislative clerk read as follows: out on the floor and he passed in Sep- ing about how the Violence Against A bill (S. 3107) to amend title 18 of the So- tember of 1992. This was a controver- Women Act needs to be reauthorized. It cial Security Act to provide coverage of out- sial candidate. But, Bonnie Campbell makes sense to put someone on the fed- patient prescription drugs under the Medi- has bipartisan support. Senator GRASS- eral bench who understands this impor- care Program.

VerDate 26-SEP-2000 02:49 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.115 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9255 Mr. BIDEN. I now ask for its second bill, claiming it wasn’t strong enough and development aspects, benefiting reading and object to my own request. and it didn’t do this, or it didn’t do from the research paid for by the peo- The PRESIDING OFFICER. Objec- that, or it didn’t do something else. ple of the United States through the tion is heard. The House of Representatives has National Institutes of Health, but still Mr. BIDEN. Mr. President, I yield the had exactly the same opportunity to discriminating against American pur- floor. deal with this issue as the Senate. chasers by charging them far more— The PRESIDING OFFICER. The Sen- After a brief hearing a month or so sometimes more than twice as much— ator from Washington is recognized. after the accident took place, literally for prescription drugs than they do for Mr. GORTON. Mr. President, what is nothing at all took place in the House the identical prescription drugs in Can- the business before the Senate? of Representatives. Many of us here ada, in the United Kingdom, in Ger- The PRESIDING OFFICER. S. 2045. were led to believe that if the Senate many, New Mexico, and elsewhere Mr. GORTON. Mr. President, I ask bill were passed in its ultimate form, it around the world. unanimous consent to speak as in would be taken up and easily passed in The proposal by Senator JEFFORDS morning business, using such time as I the House of Representatives—until and others to which the President re- may consume. these last-minute critics began to ferred at least allows our pharmacies The PRESIDING OFFICER. Without point out what they consider to be the and drugstores to purchase these drugs objection, it is so ordered. facts. in Canada or elsewhere when they can f Talk is cheap. But talk doesn’t cre- find identical prescription drugs at ate safer pipelines in the United PIPELINE SAFETY IMPROVEMENT lower prices than the American manu- States. Those who oppose this bill have ACT OF 2000 facturers will sell them for to these proposed nothing with the remotest American pharmacists, and to reimport Mr. GORTON. Mr. President, earlier chance of passage by the House of Rep- them into the United States and pass this afternoon, the distinguished chair- resentatives, much less the Senate of those savings on to our American citi- man of the Commerce Committee, Sen- the United States. zens. ator MCCAIN, and my distinguished col- We have only a short time left. Those I don’t often find myself in agree- league, Senator MURRAY, and I believe who criticize the bill as being too weak ment with President Clinton, but I do others on both sides of the partisan di- would do far better to pass the reforms in this case. I believe he is entirely vide, came to the floor to speak about that we have and attempt to build on right to urge the Speaker and the ma- the Pipeline Safety Improvement Act them later than to destroy a bill jority leader to include this proposal in of 2000. That bill was passed by the which, if it does not pass within the the appropriations bill for the Depart- Senate unanimously. It resulted from a next few weeks, will have to begin its ment of Agriculture or, for that mat- broad, bipartisan coalition that worked process all over again next year, with ter, any other bill going through the over a period of more than 1 year here highly questionable prospects. Senate and the House of Representa- in the Senate. It was sparked by my Believing that accomplishment is tives, so that we can take this major colleague and myself as a result of a better than demagoguery and that a step forward to slow down, at least, terrible tragedy—an explosion in a gas- bill beats oratory any day, I come here this unjustified discrimination in the oline pipeline in Bellingham, WA, that to join with both Republican and cost of prescription drugs to all Ameri- snuffed out the lives of three wonderful Democratic colleagues to plead with cans. young men, destroyed a magnificent the Members of the House of Rep- In this case, I join with the President park, and left physical damage that resentatives to take up the Senate bill, in asking both the Speaker and our will be years in repair. to debate it to the extent the House majority leader to use their best ef- No individual involved in this debate wishes to do so, and to pass it so we forts, as I believe they are doing, to see got every single element in that bill can get it signed by the President and to it that this overdue relief is in fact that he or she wished. Liquid and nat- enacted—which, incidentally, I am con- offered. ural gas pipelines are vitally important fident would take place if the House f to the Nation and the transportation of were to pass the bill. MICROSOFT APPEAL fuels. f Some thought renewal of the act Mr. GORTON. Mr. President, the Su- would be somewhat weaker than the PRESCRIPTION DRUGS preme Court, with eight of nine Jus- present statutes. Others, myself in- Mr. GORTON. Mr. President, I wish tices concurring, has just agreed with cluded, wanted considerable strength- to speak on a subject in a happy vein. Microsoft that the notorious prosecu- ening, particularly with respect to Yesterday, the President sent a let- tion of Microsoft by the Department of local input into the way in which such ter to the Speaker and to our majority Justice should go through the normal pipelines are managed in communities leader on the subject of prescription process of appeal and should be deter- near homes, schools, parks, and the drugs. In that letter he said: mined and should be examined by the like. I urge you to send me the Senate legisla- District of Columbia Circuit Court of The net result, however, is a pipeline tion to let wholesalers and pharmacists Appeals before any possible or poten- safety renewal that is a considerable bring affordable prescription drugs to the tial appeal to the Supreme Court of the and significant improvement over the neighborhoods where our seniors live. United States. present act. There will be more notice. That proposal was passed by the Sen- This was a correct decision for a There will be more severe penalties. ate a couple of months ago as an number of reasons, not the least of There will be greater opportunities for amendment to the appropriations bill which is the complexity of the case and local comment and local participation. for the Department of Agriculture. It the length of the record which, under But in spite of all of this work, in was sponsored by my colleague from almost any set of circumstances, would spite of the passage of this bill, little is Vermont, Senator JEFFORDS, and by go through the normal appeals process. happening in the House of Representa- Senator DORGAN of North Dakota on The district court judge who decided tives. the other side of the aisle, others, and the case and who has determined, I The Bellingham Herald, the daily myself. It is one of two or three ways think entirely erroneously, that Micro- newspaper in the community subjected that I have determined to be appro- soft must be broken up, wished to skip to this tragedy, pointed out just a lit- priate to reduce the cost of prescrip- the District of Columbia Circuit Court tle bit more than a week ago that the tion drugs—not just to some Ameri- of Appeals, stating that this matter passage of the Senate bill means noth- cans, not just to seniors, not just to was of such importance that it should ing if it is not passed by the House. low-income seniors, but to all Ameri- go directly to the Supreme Court. The Almost immediately, however, after cans—by ending, or at least arresting, real motivation of the lower court, I the passage of the Senate bill, a num- the outrageous discrimination that is suspect, however, was the fact that one ber of Members of the House of Rep- being practiced by American pharma- of the vital elements of the district resentatives began to place roadblocks ceutical manufacturing concerns that court’s decision is directly contradic- in the way of the passage of the Senate are benefiting from American research tory to a decision of just about 2 years

VerDate 26-SEP-2000 02:18 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.119 pfrm02 PsN: S26PT1 S9256 CONGRESSIONAL RECORD — SENATE September 26, 2000 ago by the District of Columbia Circuit Senator PAT ROBERTS has achieved the bill, if you will, for the environment. It Court of Appeals—the integration of a 100 hour mark as Presiding Officer. In is something that will turn in a direc- browser/Microsoft operating system, a doing so, Senator ROBERTS has earned tion that will set us on a new and bold major step forward in technology and his second Gold Gavel Award. and exciting course. convenience for all of the purchasers of Since the 1960’s, the Senate has rec- I thank the President for his tremen- that system. ognized those dedicated Members who dous statements in the last couple of It is easy to understand why the dis- preside over the Senate for 100 hours days urging Congress to move in this trict court judge didn’t want to go with the golden gavel. This award con- direction. He is urging us to do every- back to a higher court that he had di- tinues to represent our appreciation for thing we can to make CARA—the Con- rectly defied, but that is no justifiable the time these dedicated Senators con- servation and Reinvestment Act—the reason for skipping a District of Co- tribute to presiding over the U.S. Sen- model. For the RECORD, I will submit lumbia Circuit Court of Appeals, and ate—a privileged and important duty. something in which some States would the Supreme Court, I am delighted to On behalf of the Senate, I extend our be interested. I will be handing out this say, agrees with that proposition. sincere appreciation to Senator ROB- form later today. This matter is now on its normal way ERTS and his diligent staff for their ef- For instance, if we stick with the old through the appeals process, a process forts and commitment to presiding du- method, Colorado would receive $3.6 that I am confident will justify, in ties during the 106th Congress. million. It is a beautiful State with whole or in major part, the Microsoft f wonderful environmental needs. They Corporation, but only at great expense would get $3.6 million. Under CARA, if and at a great expenditure of time. INTERIOR APPROPRIATIONS it is passed, Colorado could receive $46 Once again, I call on this administra- Ms. LANDRIEU. Mr. President, I rise tion or on its successor to see the error million a year, and the Governor and to call the attention of this body to local elected officials would have input of its ways in bringing this lawsuit in some very important negotiations that the first place. It has been damaging to into how it was spent. are underway. innovation in the most rapidly chang- Let’s take Georgia. Under this bill, We have debated many important ing technology in our society, one that this year they would get a measly subjects in this Congress as it comes to has changed all of our lives more pro- $500,000. Under CARA, they would be a close. Some of those larger subjects foundly, I suspect, than any other in guaranteed a minimum of $32 million a have been attempts to create a pre- the course of our lifetimes. It is im- year. mensely damaging to our international scription drug benefit for the Nation, Let’s take Kentucky. Again, they competitiveness, encouraging, as it how should we go about doing that. We would get a measly $500,000 in this does, similar lawsuits by countries have had a long and intense debate on year’s environmental bill. Under around the world that would love to education. We have had debates on the CARA, they would get a guarantee of slow down Microsoft’s competitive in- privacy issue, on bankruptcy reform. $15 million a year for the preservation novation so they could catch up. One of the debates in which we have of open spaces, for wildlife conserva- This is a field about which 10 or 15 engaged that has captured the atten- tion, and for the expansion of our parks years ago we despaired. Today, we are tion of many people around the Na- and recreation. clearly the world leaders. For our own tion—Governors and mayors, local Let’s take Minnesota. Minnesota gets Government to be hobbling our own elected officials, chambers of com- nothing in the bill being negotiated. competitiveness is particularly per- merce, outdoor enthusiasts, environ- Under CARA, they would get $29 mil- verse. It opens up the proposition that mentalists across the board—is our de- lion a year. innovations in software will have to be bate about how we should allocate a I will be submitting the details be- approved by Justice Department law- small portion of this surplus; what is cause I am here to say let’s allow the yers before they can be offered to con- the proper way to allocate that to pre- best proposal to win in this debate. Let sumers in a way that seems to me to be serve and enhance the environment of us fight it on its merits. Let us discuss perverse. our Nation. the benefits of CARA. These are some It doesn’t take a great deal of cour- As we begin this century, this is a de- of the benefits that I am outlining. age to say that I trust Microsoft soft- bate worth having because if we make New Jersey is one of our most popu- ware developers in their own field more the wrong decision, it will set us on a lated States—the Garden State, a than I do Justice Department lawyers. path where we will not be happy to end State that has just levied on its people At best, this was a private lawsuit, ef- up. We need to make a good decision a billion dollar bond issue to preserve fectively brought on behalf of Micro- now. We are in the very crux of making open spaces. People in New Jersey feel soft competitors but being paid for by that decision, as appropriators on both strongly about this. Under the old way, the taxpayers of the United States, sides debate the final outcome of this the way the negotiators are carving where it should have, had it gone to year’s Interior appropriations bill. this up, they get a measly $875,000. court at all, been just that—a private I urge Senators to pay attention, as Under CARA, they would receive $40 lawsuit in which the Federal Govern- carefully as they can, to the ongoing million a year. ment had little or no interest. debates on how to allocate this fund- Let’s take New York, another large So, good news from the Supreme ing. State. They would get $2.8 million in Court but news that can be greatly im- On the one hand, there is a group the bill being negotiated, but if we proved by a new administration’s fresh saying: Let’s just do more of the same. stick to our guns and fight hard for look and the dismissal of its case in its As it comes to our environment, we CARA, New York could get $17 million entirety. don’t need to do anything differently. a year. Most certainly, the population f Let’s just do more of the same. Let’s deserves those kinds of numbers. MORNING BUSINESS just give a little more money to some Finally, Washington State is a beau- Mr. GORTON. Mr. President, I ask Federal agencies to allocate the fund- tiful State, one that has a history of consent that there now be a period for ing, and let’s just come every year and leading us in the environmental area. the transaction of routine morning decide year in and year out if we want Washington gets fairly well treated in business with Senators permitted to to or if we don’t, and how that money this bill with $12.7 million. Under speak for up to 10 minutes each. should be allocated. CARA, if we hold true to the principles, The PRESIDING OFFICER. Without There is a group of us called Team Washington State could get $47 million objection, it is so ordered. CARA, representing the Conservation a year. That is a big difference for the f and Reinvestment Act, which has been people of Washington State—from $12.7 negotiating since the beginning of this million to $47 million. I could go on. ACKNOWLEDGMENT OF SENATOR Congress for a better way—a way that Under CARA, we have a guarantee. PAT ROBERTS’ 100TH PRESIDING will bring more money to States on a Under the current negotiations, the HOUR guaranteed basis, money that Gov- same that has gone on for the last 25 Mr. LOTT. Mr. President, today, I ernors and mayors and local elected of- years, there is no guarantee. I am say- have the pleasure to announce that ficials can count on—a revenue sharing ing that under CARA we can have full

VerDate 26-SEP-2000 03:42 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.122 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9257 funding for the land and water con- example to the people of Serbia regard- (II) if a State or political subdivision servation, help coastal States such as ing the benefits they could enjoy in a thereof has entered into a binding contract Louisiana that produce the necessary post-Milosevic era. before January 19, 1999 that requires the in- currence of significant expenditures for such revenues. Under the old way—the way f construction or rehabilitation and some of that has been going on for 25 years—it STOP TAX-EXEMPT ARENA DEBT such expenditures are incurred on or after has failed to meet our obligations and ISSUANCE ACT such date; or we get shortchanged. Under CARA, it is (ii) the acquisition of a facility pursuant to a real legacy. Under the negotiations, Mr. MOYNIHAN. Mr. President, early a binding contract entered into by a State or the stage is set. this Congress, I introduced S. 224, the political subdivision thereof before January I thank the Senator from Utah for Stop Tax-Exempt Arena Debt Issuance 19, 1999, and giving me his remaining time. I see an- Act or STADIA for short. This bill (B) which are the subject of an official ac- other Senator on the floor who may would end a tax subsidy that inures tion taken by relevant government officials want to speak on this issue. Let me largely to the benefit of wealthy sports before January 19, 1999— franchise owners, by eliminating tax- (i) approving the issuance of such bonds, or conclude by urging the Members of the (ii) approving the submission of the ap- Senate to focus on these negotiations, subsidized financing of professional proval of such issuance to a voter ref- and I will be back later to give some sports facilities. This legislation would erendum. more information on this important close a loophole that provides an unin- (3) EXCEPTION FOR FINAL BOND RESOLU- issue. I yield back whatever time I tended Federal subsidy—in fact, con- TIONS.—The amendments made by this sec- have remaining. travenes Congressional intent—and tion shall not apply to bonds the proceeds of which are used for the construction or reha- f that contributes to the enrichment of persons who need no Federal assistance bilitation of a facility if a State or political YUGOSLAV ELECTIONS AND THE whatsoever. subdivision thereof has adopted a final bond SERBIA DEMOCRATIZATION ACT This is the fourth time I have intro- resolution before January 19, 1999, author- izing the issuance of such bonds. For this Mr. HELMS. Mr. President, it is clear duced this legislation, and I chose to purpose, a final bond resolution means that that a fair vote count in this weekend’s keep the original effective date for a all necessary governmental approvals for the elections will result in victory for the number of reasons. Most importantly, issuance of such bonds have been completed. candidate of the opposition forces. Mr. because Congress intended to eliminate (4) SIGNIFICANT EXPENDITURES.—For pur- Vojislav Kostunica. The people of the issuance of tax-exempt bonds to fi- poses of paragraph (2)(A)(i)(II), the term ‘sig- Yugoslavia clearly have voted for nance professional sports facilities as nificant expenditures’ means expenditures democratic change, and the time has part of the Tax Reform Act of 1986. equal to or exceeding 10 percent of the rea- At the same time, I recognized that a sonably anticipated cost of the construction come for Yugoslavia’s brutal dictator, or rehabilitation of the facility involved. Slobodan Milosevic, to have the de- few localities may have expended sig- f cency to accept the will of his people nificant time and funds in planning and and leave office peacefully. financing a professional sports facility, NATIONAL ENDOWMENT FOR Not surprisingly, Milosevic has indi- in reliance upon professional advice on DEMOCRACY their ability to issue tax-exempt bonds. cated he intends to do no such thing. I Mr. LUGAR. Mr. President, I rise to Thus, in my original introductory fully expect him to do everything in call attention to report language in the statement, I specifically requested his power to steal this election to en- Senate version of the Commerce, Jus- comment regarding the need for equi- able him to remain in power. tice, and State, the Judiciary, and re- In order to support the majority of table relief for stadiums already in the lated agencies appropriations bill, Serbs who voted for peace and democ- planning stages. which directs the National Endowment racy, I urge my colleagues to support In response to my request, several lo- for Democracy (NED) to spend 20 per- the Serbia Democratization Act—legis- calities that had been planning to fi- cent of its budget on ‘‘nation-building’’ lation that I introduced more than 18 nance professional sports facilities activities in four war-stricken areas. months ago—designed to undermine with tax-exempt bonds came forward The language appears in the committee the murderous Milosevic regime and and provided the details necessary to thereby support democratic change in craft appropriate ‘‘binding contract’’ report. Although the language is not Serbia. type transitional relief. Accordingly, I mandatory, it sends a strong message The Serbia Democratization Act calls agreed to change the bill in subsequent that compliance by NED is expected. I for the United States to identify and Congresses to exempt projects which believe that the language should be de- give aid to the democratic forces in had progressed to a point where it leted. Serbia opposing Milosevic’s tyranny, would be unfair to stop them. I would like to commend the work of including independent media and non- Now I have been contacted by others the chairman and ranking member of governmental organizations in Serbia. who make the case that retaining the the CJS Appropriations subcommittee, And it makes clear that unless and 1996 effective date creates a lack of cer- Senator GREGG and Senator HOLLINGS, until there is a democratic government tainty which is unhealthy for commu- for providing the NED with the re- in Yugoslavia, the United States will nities desiring new stadiums and for sources to conduct its vital work. NED maintain the sanctions that we have in the bond market itself. Therefore, I am and its four core institutes do an ex- place today. inserting into the record my intention ceptional job in assisting grassroots When the Serbian people finally gain to modify the effective date if and democrats in more than 80 countries the government in Belgrade that they when S. 224 is adopted in committee or around the world. NED has a strong voted for this weekend—a government on the Senate floor. track record, developed through in- based on freedom, democracy and rule Mr. President, I ask that this lan- volvement in virtually every critical of law—I will lead an effort in Congress guage be printed in the RECORD. struggle for democracy over the past to ensure that the United States pro- There being no objection, the mate- fifteen years. NED supported the demo- vides them with substantial support to rial was ordered to be printed in the cratic movements that helped bring assist their nation’s democratic transi- RECORD, as follows: about peaceful transitions to democ- tion. I am hopeful that day will come (b) EFFECTIVE DATE.— racy in Poland, the Czech Republic, soon. (1) IN GENERAL.—The amendments made by Chile, and South Africa. NED is also I also commend the important role this section shall apply to bonds issued on or playing an important role in sup- after January 19, 1999— played by Montenegro in this week- (2) EXCEPTION FOR CONSTRUCTION, BINDING porting some of the newer democracies, end’s elections. The decision by the AGREEMENTS, OR APPROVED PROJECTS.—The such as Indonesia, Nigeria, Croatia, vast majority of Montenegrins to boy- amendments made by this section shall not and Mexico. cott this election indicates the level of apply to bonds— I am very familiar with the work of support in that republic for the course (A) The proceeds of which are used for— NED and its institutes because I serve (i) the construction or rehabilitation of a on NED’s Board of Directors. I serve on of democratic, free-market reforms facility— proposed by President Djukanovic. (I) if such construction or rehabilitation the Board along with two other Sen- Montenegro deserves the support of began before January 19, 1999 and was com- ators and two Members of the House the United States, and can serve as an pleted on or after such date, or representing both political parties. We

VerDate 26-SEP-2000 03:05 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.063 pfrm02 PsN: S26PT1 S9258 CONGRESSIONAL RECORD — SENATE September 26, 2000 are all concerned about the implica- I am pleased that the Administration gressional Coalition on Adoption, I am tions of the committee’s report lan- and the Republican leaders in Congress proud to participate in such an impor- guage on the operations and mission of have agreed to work together to take tant event. the Endowment. this common sense step towards mak- I commend Diane, and Jim Lewis, In its report, the committee rec- ing prescription drugs more affordable from Marion, IA. I nominated this ommends that NED spend 20 percent of for everyone. Dr. David Kessler, former amazing couple as Angels in Adoption. its entire budget to reconstitute civil head of the FDA, has sent me a letter Diane and Jim Lewis are the proud governments in four seriously troubled expressing his support for the Senate parents of ten beautiful children, eight areas—Sierra Leone, the Democratic version of the reimportation language. of whom are adopted. Five of their Republic of Congo, Kosovo, and East Dr. Kessler agrees that we must reform adopted children have special health Timor. I am pleased to report that the current system so that American care needs, some with physical needs, NED is working in each of these areas consumers have access to safe and af- other with mental health needs. Two of on long-term democratic development. fordable medicine. At this time, I ask their adopted children are biologic sib- The Endowment is helping non-govern- unanimous consent to have printed in lings and their adoption has allowed mental organizations, whose leaders the RECORD a letter from David Kessler them to stay together. Their family are facing grave danger to their per- for the Dorgan-Jeffords proposal in now consists of children from several sonal safety, as they report on human which he expresses support for our ap- different ethnic and racial back- rights abuses, campaign for peace, and proach. grounds. The Lewis’ also are frequently provide independent news and informa- There being no objection, the letter foster parents to other children in tion to the public. was ordered to be printed in the need, usually those with special health We need to keep in mind that NED’s RECORD as follows: care needs. mission is not to ‘‘build’’ nations or SEPTEMBER 13, 2000. As special education teachers, the governments, but to help promote de- Hon. BYRON DORGAN, Lewis’ have seen the need over many mocracy. It does this giving a helping 719 Hart Senate Office Building, years for foster and adoptive parents hand to those inside other countries Washington, DC. for children who have special needs. through financial and technical assist- EAR ENATOR ORGAN D S D : Thank you very The Lewis’ are truly devoted to mak- ance to nurture a strong civil society much for your letter of Sept. 12, 2000. I very ing the world a better place for chil- and market economy. NED is success- much applaud the effort that you and your dren. By committing their lives to rais- ful precisely because it targets its as- colleagues are making to assure that the ing children who might not have other- sistance to grassroots democratic American people have access to the highest wise had a chance, they have improved groups. quality medicines. As you know, my con- cerns about the re-importation of prescrip- the lives of children and given us all I do not support the report language tion drugs center around the issues of assur- because its implementation would un- something to aspire to. They are An- ing quality products. The Senate Bill which gels in Adoption. dermine NED’s mission while forcing allows only the importation of FDA ap- NED to withdraw scarce resources from proved drugs, manufactured in approved f other priority countries. It would be a FDA facilities, and for which the chain of mistake to divert NED’s modest budget custody has been maintained, addresses my THE VIOLENCE AGAINST WOMEN to a handful of crisis situations which fundamental concerns. The requirement that ACT OF 2000 the importer maintain a written record of are already receiving enormous sums of Mr. LEAHY. Mr. President, I rise international assistance. It is unlikely the chain of custody and batch testing to as- sure the product is both authentic and un- today to again urge the Senate to bring that the funds suggested in the report adulterated provides an important safety net up and pass, S. 2787, the Violence language could positively impact these for consumers. Against Women Act of 2000, VAWA II— war-torn areas, but by consuming 20 Let me address your specific questions. we are quickly running out of time to percent of NED’s budget, the language First, I believe U.S. licensed pharmacists and reauthorize it. The authorization for will hamstring NED’s ability to per- wholesalers—who know how drugs need to be the original Violence Against Women form its work in many other critical stored and handled and who would be import- Act, VAWA, expires at the end of this ing them under the strict oversight of the countries. week on September 30, 2000. There is NED is a cost-effective investment FDA are well positioned to safely import quality products rather than having Amer- absolutely no reason to delay this bill that advances our national interest which has overwhelming bipartisan and our fundamental values of democ- ican consumers do this on their own. Second, if the FDA is given the resources necessary support. racy and freedom. It is crucial, there- to ensure that imported, FDA-approved pre- I have joined Senators from both fore, that we address the committee’s scription drugs are the authentic product, sides of the aisle at rallies and press goals in the report language without made in an FDA-approved manufacturing fa- conferences calling for the immediate compromising the ability of NED to cility, I believe the importation of these pro- passage of this legislation. The bill has carry out its work effectively. duces could be done without causing a great- I urge the Senate and House con- er health risk to American consumers that 70 co-sponsors and is a significant im- ferees on the Commerce, Justice, and currently exists. Finally, as a nation we provement of the highly successful State, the Judiciary, and related agen- have the best medical armamentarium in the original VAWA which was enacted in cies appropriations bill to delete the world. Over the years FDA and the Congress 1994. There is no objection on the have worked hard to assure that the Amer- report language directing the NED to Democratic side of the aisle to passing ican public has access to important medicine VAWA II. Unfortunately, there have expend funds for nation-building ac- as soon as possible. But developing life sav- tivities in four troubled conflicts. been efforts by the majority party to ing medications doesn’t do any good unless attach this uncontroversial legislation f Americans can afford to buy the drugs their doctors prescribe. The price of prescription to the ‘‘poison pill’’ represented by the REIMPORTATION OF drugs poses a major public health challenge. version of bankruptcy legislation cur- PRESCRIPTION DRUGS While we should do nothing that com- rently being advanced by Republicans. Mr. DORGAN. Mr. President, in re- promises the safety and quality of our medi- I do not agree with stall tactics like cent days we have heard a lot about cine it is important to take steps to make this one and believe we should pass various proposals that would allow for prescription drugs more affordable. VAWA II as a stand-alone bill, without I applaud your efforts to provide American further delay. the reimportation of prescription consumers with both safe and affordable drugs. Patients pay more for the pre- medicine. Yesterday, in New Mexico, where he scription drugs in the United States Sincerely, was releasing funding made available than anywhere else in the world. That DAVID A. KESSLER, M.D. through VAWA for one of the country’s is just not right. The Senate passed a f oldest battered women’s shelters, the proposal that Senator JEFFORDS and I President made a public plea for Con- authored that would allow for the re- ANGELS IN ADOPTION gress to reauthorize VAWA, claiming, importation of prescription drugs as Mr. GRASSLEY. Mr. President, ‘‘[T]his is not rocket science. Yes we’re long as certain steps are taken to en- today is the celebration for Angels in close to an election . . . But it is wrong sure safety for American consumers. Adoption and as a member of the Con- to delay this one more hour. Schedule

VerDate 26-SEP-2000 03:42 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.031 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9259 the bill for a vote.’’ I urge my col- grams are jeopardized. It was cleared ceived the Medal of Honor for this act leagues to heed the cry of the Presi- for passage by all Democratic Senators of bravery, but he did not. dent as he speaks on behalf of the al- two months ago and should be passed Even as this man’s family was held in most 1 million women around this today. It is past time to reauthorize an internment camp in Idaho, he vol- country who face domestic violence and build upon the historic programs of unteered for duty in the United States each year. the Violence Against Women Act and military, and he headed to Italy to The President called domestic vio- do all that we can to protect children serve his country. After his heroic and lence ‘‘America’s problem’’ and I could from the ravages and lasting impact of selfless deeds, Mr. Nakamura was post- not agree with him more. When we talk domestic violence. humously eligible for the Medal of about reauthorizing the Violence A Washington Post editorial today Honor, but in World War II the Army Against Women Act we are not just called the failure to pass the reauthor- did not award Japanese-Americans the talking about a big bureaucratic gov- ization of the Violence Against Women Medal of Honor. I was pleased that ear- ernment program the effects of which Act, ‘‘inexplicable neglect,’’ claiming lier this year that twenty-two vet- we can’t really see. With this bill we that ‘‘[t]here seems to be no good rea- erans, in similar circumstances to and are talking about reauthorizing crit- son practical or substantive, to oppose including Mr. Nakamura, received ical programs that have had a tremen- reauthorization of the Violence Medals of Honor for their brave service dous immediate effect on how this Na- Against Women Act.’’ That could not in World War II. These men and their tion handles domestic violence and its be more true Mr. President. I ask unan- families waited too long for proper rec- victims. We are at risk of jeopardizing imous consent that the editorial from ognition and appreciation, and these what has been one of the most effective the September 26, 2000 edition of the honors are well deserved. vehicles for combating domestic vio- Washington Post be printed in the Though military heroes are often given medals for their service, the peo- lence if we let this law expire. RECORD. I have heard from countless people in There being no objection, the mate- ple of Washington state would like to Vermont that have benefitted from rial was ordered to be printed in the extend a special tribute to Mr. Nakamura by naming the federal grant funding through VAWA pro- RECORD, as follows: courthouse in Seattle in his honor. grams. VAWA II ensures the success of [From the Washington Post, Sept. 26, 2000] these crucial programs such as the This action has not only the support of INEXPLICABLE NEGLECT Rural Domestic Violence Grant pro- the entire Washington congressional gram. These grants are designed to There seems to be no good reason, prac- delegation, but of local communities, tical or substantive, to oppose reauthoriza- make victim services more accessible veteran and military retiree organiza- tion of the Violence Against Women Act. tions, and by Medal of Honor recipients to women and children living in rural Originally passed in 1994, the act provides areas. I worked hard to see this funding money to state and local institutions to help in the Senate, my friends DANIEL included in the original VAWA in 1994, combat domestic violence. It is set to expire INOUYE and BOB KERREY. To this out- and I am proud that its success has at the end of the month. Its reauthorization pouring, I add my support and commit- merited an increased authorization for has overwhelming bipartisan support. But ment to seeing this designation passed funding in VAWA II. Rural Domestic House and Senate leaders have yet to sched- through the Senate and acted into law. Violence and Child Victimization En- ule a vote. f Versions of the bill have been favorably re- forcement Grants have been utilized by ported by the judiciary committees of both VICTIMS OF GUN VIOLENCE the Vermont Network Against Domes- chambers. Both would expand programs that Mrs. BOXER. Mr. President, it has tic Violence and Sexual Assault, the during the past five years have helped create been more than a year since the Col- Vermont Attorney General’s Office, an infrastructure capable of prosecuting do- umbine tragedy, but still this Repub- and the Vermont Department of Social mestic violence cases and providing services lican Congress refuses to act on sen- and Rehabilitation Services to increase to battered women. Since the original act was passed, Congress has devoted $1.5 billion sible gun legislation. community awareness, to develop co- Since Columbine, thousands of Amer- operative relationships between state to programs created by it. The House and Senate bills differ, but both would authorize icans have been killed by gunfire. Until child protection agencies and domestic more than $3 billion in further support dur- we act, Democrats in the Senate will violence programs, to expand existing ing the next five years. There is room to de- read the names of some of those who multi disciplinary task forces to in- bate the proper funding level relative to have lost their lives to gun violence in clude allied professional groups, and to other priorities, a matter which will be de- the past year, and we will continue to create local multi-use supervised visi- termined later by appropriators; and the pro- do so every day that the Senate is in grams won’t end immediately if the act tation centers. session. I witnessed the devastating effects of lapses, because funds have been approved for the coming year. But failing to reauthorize In the name of those who died, we domestic violence when I was the will continue this fight. Following are Vermont State’s Attorney for would send the wrong message on an impor- tant issue and, more important, could the names of some of the people who Chittenden County. In those days, long threaten future appropriations. were killed by gunfire one year ago before the passage of the Violence With time in the 106th Congress running today. Against Women Act, VAWA, there were out, the Violence Against Women Act may September 26, 1999: Robert Coney, 64, not support programs and services in become a casualty of neglect rather than of Miami, FL; Derrick Edwards, 22, Wash- place to assist victims of these types of active opposition. But that’s no comfort. ington, DC; Philip Harris, 27, Detroit, crimes. Today, because of the hard Congress ought to find the time to pass it be- fore leaving town. MI; Samala McGee, 24, New Orleans, work and dedication of those in LA; Michael D. Miles, 48, Hollywood, Vermont and around the country who f FL; David Sexton, 43, Baltimore, MD; work in this field every day, an in- NAKAMURA COURTHOUSE and Unidentified Female, 47, Nashville, creasing number of women and chil- TN. dren are being aided by services Mr. GORTON. Mr. President, today We cannot sit back and allow such through domestic violence programs the Washington state Congressional senseless gun violence to continue. The and at shelters around the Nation. Lori delegation introduced bills in the deaths of these people are a reminder Hayes, Executive Director of the House and in the Senate to honor a to all of us that we need to enact sen- Vermont Center for Crime Victim fallen hero, William Kenzo Nakamura, sible gun legislation now. Services, and Marty Levin, Coordinator by designating the Seattle federal f of the Vermont Network Against Do- courthouse in his honor. This brave mestic Violence and Sexual Assault, soldier fought in Italy during World THE IDEA FULL FUNDING ACT have been especially instrumental in War II, and he died valiantly pro- Mr. SMITH of Oregon. Mr. President, coordinating VAWA grants in tecting his battalion. The day he died, I rise to make a few remarks con- Vermont. Mr. Nakamura had already risked his cerning the IDEA Full Funding Act of Let the Senate pass S. 2787, the Vio- life and saved his combat team by dis- 2000. lence Against Women Act 2000 without arming an enemy machine gun strong- Mr. President, before I begin, I would further delay before its critical pro- hold. Mr. Nakamura should have re- like to take this opportunity to thank

VerDate 26-SEP-2000 03:54 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.071 pfrm02 PsN: S26PT1 S9260 CONGRESSIONAL RECORD — SENATE September 26, 2000 my colleague, Senator GREGG, for his needed to fully fund the forty percent cluding a reauthorization of the impor- leadership on this important legisla- commitment. tant programs of the Substance Abuse tion. The purpose of providing this addi- and Mental Health Services Adminis- I rise today to lend my support to S. tional funding to the IDEA program is tration, SAMHSA. 2341, the IDEA Full Funding Act of to free up local and state dollars. Cur- The SAMSHA reauthorization legis- 2000. One of my top priorities as a rently state and local education agen- lation will improve this vital agency United States Senator has been to pro- cies have been forced to divert their by providing greater flexibility for vide equal access to high quality public precious resources to pay for the addi- states and accountability based on per- education for all children, including tional costs, due to federal mandates, formance, while at the same time plac- those with special needs. My commit- of educating children with disabilities. ing critical focus on youth and adoles- ment to education for those with spe- As a result, Washington has created cent substance abuse and mental cial needs began while I was a State an inappropriate and unfair conflict be- health services. SAMHSA, formerly legislator and worked with the Oregon tween children with disabilities and known as the Alcohol, Drug Abuse, and Disabilities Council to ensure that children without. We owe it to all chil- Mental Health Services Administra- children with special needs had equal dren to live up to our responsibility tion, ADAMHA, was created in 1992 by access to a quality education. I have and resolve this conflict. Public Law 102–321, the ADAMHA Reor- continued that work here in the Sen- This important legislation would ganization Act. SAMHSA’s purpose is ate, but realize that we have a long take a step in that direction by author- to assist states in addressing the im- ways to go. izing funding for Part B of the Individ- portance of reducing the incidence of This legislation takes a step in the uals with Disabilities Education Act to substance abuse and mental illness by right direction by funding the federal reach the Federal government’s goal of supporting programs for prevention mandates put forth in the Individuals providing 40 percent of the national av- and treatment. with Disabilities Education Act erage per pupil expenditure to assist SAMHSA provides funds to states for (IDEA). These federal funds will free up states and local education agencies alcohol and drug abuse prevention and state and local dollars that can then be with the excess costs of educating chil- treatment programs and activities, and used in the classroom for new text- dren with disabilities. mental health services through the books, pencils and computers that are By steadily working to increase Substance Abuse Prevention and necessary for students to learn. IDEA funding to $2 billion each year Treatment, SAPT, and the Community In 1954, the Supreme Court estab- annually until 2010, Congress would in- Mental Health Services, CMHS, Block lished, in Brown v. Board of Education, crease opportunity and flexibility for Grants. SAMHSA’s block grants are a that all children are guaranteed equal local school districts to fund the pro- major portion of this nation’s response access to education under the 14th grams that they feel are best for their to substance abuse and mental health Amendment of the Constitution. De- students, whether it be school con- service needs. spite this decision, it was estimated struction, teacher training or smaller As a proud supporter of H.R. 4365, I that one million children with disabil- classrooms. would like to highlight several provi- ities were being denied access to public I was pleased to see that the House of sions that are based on legislation I education. It was not until 1975, with Representatives passed similar legisla- have introduced. the passage of the Individuals with Dis- tion, H.R. 4055, on May 3, 2000 with a First, this legislation reauthorizes abilities Education Act, that equal ac- 421–3 vote. It is my hope that the Sen- the Traumatic Brain Injury Act, a law cess to education was extended to chil- ate can follow the strong lead of the I authored in 1996. By incorporating my dren with disabilities. House and work for swift passage of bill, S. 3081, H.R. 4365 will extend au- The purpose of the 1975 IDEA legisla- this necessary legislation. thority for the critical Traumatic tion was ‘‘[T]o assure that all children f Brain Injury, TBI, programs from fiscal with disabilities have available to year 2001 through 2005. them, a free appropriate public edu- THE CHILDREN’S PUBLIC HEALTH Each year, approximately two mil- cation which emphasizes special edu- ACT OF 2000 AND THE YOUTH lion Americans experience a traumatic cation and related services designed to DRUG AND MENTAL HEALTH brain injury; in Utah, 2000 individuals meet the unique needs, to assure the SERVICES ACT per year experience brain injuries. TBI rights of children with disabilities and Mr. HATCH. Mr. President, I am de- is the leading cause of death and dis- their parents or guardians are pro- lighted the Senate has now given final ability in young Americans, and the tected, to assist States and localities approval to an important bill that will risk of a traumatic brain injury is to provide for the education of all chil- go far toward improving our nation’s highest among adolescents and young dren with disabilities, and to assess public health infrastructure. I strongly adults. Motor vehicle accidents, sports and assure the effectiveness of efforts support the Children’s Public Health injuries, falls and violence are the to educate children with disabilities.’’ Act of 2000 and the Youth Drug and major causes. These injuries occur With the passage of IDEA the federal Mental Health Services Act (H.R. 4365). without warning and often with dev- government promised to assist states I hope this measure will soon pass the astating consequences. Brain injury with 40 percent of the national average House as well. can affect a person cognitively, phys- per pupil expenditure for disabled chil- It is obvious that we owe our col- ically and emotionally. dren. Based on the national average per leagues on the Health, Education, Important provisions added to the pupil expenditure for the year 2000, 40 Labor, and Pensions Committee a debt Traumatic Brain Injury Act through percent of that average would rep- of gratitude for their perseverance and this bill include extending the Center resent approximately $2,500 per stu- dedication in developing this landmark for Disease Control and Prevention’s, dent. However, since 1975 the federal legislation which contains a number of CDC, grant authority so it may con- government has not met this commit- provisions of importance to my home duct research on ways to prevent trau- ment. In fact, the federal government state of Utah. matic brain injury. In addition, the gets an ‘‘F’’ in arithmetic in this in- The Children’s Health Act of 2000 au- legislation directs the CDC to provide stance, currently paying only 12.7 per- thorizes services that will ensure the information to increase public aware- cent of the per pupil expenditure. health and well-being of future genera- ness on this serious health matter. The But, we are slowly working to im- tions of America’s young people, our bill also calls on the National Insti- prove this grade. In 1997, funding for most precious resources. I can think of tutes of Health, NIH, to conduct re- IDEA was only $2.6 billion. In the last no more important aim for legislation search on the rehabilitation of the cog- 3 years, the Republican-controlled Con- than to focus on our nation’s future by nitive, behavioral, and psycho-social gress has nearly doubled Federal fund- providing for our children today. difficulties associated with traumatic ing on IDEA to approximately $4.9 bil- At the same time, through the Youth brain injuries. lion. Although Congress has allocated Drug and Mental Health Services Act, Finally, the measure requests the more money to IDEA, current funding the bill will address serious drug abuse Health Resource Services Administra- levels are 3.1 times less than what is issues that affect our young people, in- tion to provide and administer grants

VerDate 26-SEP-2000 03:05 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.061 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9261 for projects that improve services for Young people in the United States their financial security. Painfully, she persons with a traumatic brain injury. are taking their own lives at alarming explained how her husband put her and I am grateful that the members of rates. The trend of teen suicide is see- their infant son at risk when he de- the HELP Committee were willing to ing suicide at younger ages, with the cided to manufacture methamphet- include provisions from my legislation United States suicide rate for individ- amine in their home. She had no choice which reauthorizes this program. As a uals under 15 years of age increasing but to report his activities to the po- result, many more deserving individ- 121 percent from 1980 to 1992. Suicide is lice, a decision that undoubtedly will uals whose lives and families have been the third leading cause of death for haunt her for the rest of her life. affected by a traumatic brain injury young people aged 15 to 24, and the Methamphetamine use is an insidious will now receive some type of assist- fourth leading cause of death for chil- virus sapping the strength and char- ance or help. dren between 10 and 14. In 1997 study, 21 acter of our country. We need to attack Second, the Children’s Health Act of percent of the nation’s high school stu- it. This bill contains the tools to help 2000 also contains a bill that I au- dents reported serious thoughts about the people of Utah and the rest of the thored, S. 3080, to address a troubling attempting suicide, with 15.7 percent country fight this wicked drug. yet treatable malady—poor oral health making a specific plan. This bill bolsters the Drug Enforce- in children. Utah consistently ranks among the ment Agency’s, DEA, ability to combat I have been concerned over reports top ten states in the nation for suicide, the manufacturing and trafficking of from Utah and around the country and we continue to see increases in sui- methamphetamine by authorizing the about the poor oral health of our na- cide rates among our youth. In Utah, creation of satellite offices and the hir- tion’s children. A recent General Ac- suicide rates for ages 15 to 19 have in- ing of additional agents to assist State counting Office report on dental dis- creased almost 150 percent in the last and local law enforcement officials. ease calls tooth decay the most com- 20 years. According to the CDC, Utah More than any other illicit drug, meth- mon chronic childhood disease and had the tenth highest suicide rate in amphetamine manufacturers and traf- finds that it is most prevalent among the country during 1995–1996 and was 30 fickers operate in small towns and low-income children. percent above the U.S. rate. This is one rural areas. And, unfortunately, rural Eighty percent of untreated decayed statistical measure on which I want to law enforcement agencies often are teeth is found in roughly 25 percent of see my state at the bottom. overwhelmed and in dire need of the children, mostly from low-income and Although numerous symptoms, diag- DEA’s expertise in conducting meth- other vulnerable groups. Decay left un- noses, traits, and characteristics have amphetamine investigations. treated leads to infection, pain, poor been investigated, no single fact or set To address this problem, the bill au- eating habits, and speech impediments. thorizes the expansion of the number of Compounding this problem is that of factors has ever come close to pre- DEA resident offices and posts-of-duty, there are few places for these children dicting suicide with any accuracy. I have worked on legislation that will which are smaller DEA offices often set to receive care. Low provider reim- help us determine the predictors of sui- up in small and rural cities that are bursement rates from state-operated cide among at risk and other youth. We overwhelmed by methamphetamine dental plans make it financially impos- need to understand what the barriers manufacturing and trafficking. There sible for private practitioners to treat are that prevent youth from receiving are also provisions to assist state and all the children in need. Today, there treatment so that we can facilitate the local officials in handling the dan- are a large number of children living in development of model treatment pro- gerous toxic waste left behind by meth- either the inner city or in rural areas grams and public education and aware- amphetamine labs. who do not have a place to seek treat- ness efforts. It also calls for a study de- To counter the dangers that manu- ment. Our goal should be to provide ac- signed to develop a profile of youths facturing drugs like methamphetamine cess to dental care to children, regard- who are more likely to contemplate inflict on human life and on the envi- less of where they live. ronment, the bill imposes stiffer pen- Therefore, I am pleased to report suicide and services available to them. alties on manufacturers of all illegal that the ‘‘Children’s Public Health Act This bill also contains provisions drugs when their actions create a sub- of 2000’’ contains provisions to address from S. 1428, the Methamphetamine this serious health concern. The legis- Anti-Proliferation Act of 2000. I intro- stantial risk of harm to human life or lation directs the Secretary of Health duced this bill because of evidence that to the environment. The inherent dan- and Human Services to establish a pro- methamphetamine remains a threat to gers of killing innocent bystanders gram funding innovative oral health the entire country, and particularly to and, at the same time, contaminating activities to improve the oral health of my state of Utah. Elements of this bill the environment during the meth- children under six years of age. The are also contained in S. 486 as it was amphetamine manufacturing process legislation will make these grants reported by the Judiciary Committee. warrant a punitive penalty that will available to innovative programs at Throughout my travels in Utah, I deter some from engaging in the activ- community health centers, dental have heard from state and local law en- ity. training institutions, Indian Health forcement officials, mayors, city coun- Finally, the bill increases penalties Service facilities, and other commu- cils, parents, and youth about the seri- for manufacturing and trafficking the nity dental programs. ousness of the methamphetamine prob- drug amphetamine, a lesser-known, but Let’s face it, dental disease in young lem. no-less dangerous drug than meth- children is a significant public health Recently, I held two field hearings in amphetamine. Other than for a slight problem. And this legislation is the be- Utah during which I heard directly difference in potency, amphetamine is ginning of a coordinated, inter-agency from constituents whose lives had been manufactured, sold, and used in the strategy that will assist states and lo- affected by methamphetamine. I lis- same manner as methamphetamine. calities reduce this preventable prob- tened to a mother tell a heart-wrench- Moreover, amphetamine labs pose the lem. ing story of how her beloved daughter same dangers as methamphetamine I am also pleased that we are consid- had become addicted to methamphet- labs. Not surprisingly, every law en- ering the Youth Drug and Mental amine and how she feared for her forcement officer with whom I have Health Services Act. This legislation daughter’s life. She tearfully described spoken agreed that the penalties for addresses many important issues such her daughter as being two people, the amphetamine should be the same as as drug abuse and mental health serv- person ‘‘who has the values of our fam- those for methamphetamine. For these ices and how to treat these serious ily, who is kind hearted and loving; and reasons, the bill equalizes the punish- problems within our society. then there’s our daughter who’s the ment for manufacturing and traf- One issue that is highlighted in this meth user, and they are completely op- ficking the two drugs. bill is the prevention of teen suicide. posite.’’ While we know that vigorous law en- This is an issue that is rapidly becom- I also heard testimony from the wife forcement measures are necessary to ing a crisis not only in my State of of a methamphetamine addict. I heard combat the methamphetamine scourge, Utah but throughout the entire coun- how her husband’s methamphetamine we also recognize that we must act to try. addiction destroyed their marriage and prevent our youth from ever starting

VerDate 26-SEP-2000 03:05 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.064 pfrm02 PsN: S26PT1 S9262 CONGRESSIONAL RECORD — SENATE September 26, 2000 down the path of drug abuse. We also conditions and allow the Attorney Gen- more thefts than offenders who do not must find ways to treat those who have eral to terminate a physician’s DEA use drugs. We must stop heroin abuse become trapped in addiction. For these registration if these conditions are vio- in Salt Lake City and in all of our na- reasons, the bill contains several sig- lated. This program will continue after tion’s cities and communities. nificant prevention and treatment pro- three years only if the Secretary and In my own state of Utah, I am sorry visions. Attorney General determine that this to report, according to a 1997 survey by The comprehensive nature of this bill new type of decentralized treatment the State Division of Substance Abuse, attacks the methamphetamine prob- should not continue. about one in ten Utahns used illicit lem on several fronts. It bolsters our This bill would also allow the Sec- drug in a given survey month. That law enforcement efforts to crack down retary and Attorney General to dis- number is simply too high; although I on traffickers, provides treatment and continue the program earlier than cannot imagine that my colleagues prevention funding for our schools and three years if, upon consideration of would not be similarly alarmed if they communities, and authorizes much the specified factors, they determine looked at data from their own states. needed resources for cleaning-up the that early termination is advisable. We must prevent and persuade our citi- toxic pollutants left behind by meth- Nothing in the waiver policy called zens from using drugs and we must amphetamine lab operators. for in my bill is intended to change the help provide effective treatments and I have been working for over a year rules pertaining to methadone clinics systems of treatments for those who with colleagues on both sides of the or other facilities or practitioners that succumb to drug abuse. aisle and in both Houses of Congress to conduct drug treatment services under I hope that the success of this system pass this important legislation. It is the dual registration system imposed will create incentives for the private important to highlight that, as part of by current law. And nothing in this bill sector to continue to develop new this process, there have been changes is intended to diminish the existing au- medications for the treatment of drug to the bill made in response to legiti- thority of DEA to enforce rigorously addiction, and I hope that qualified mate complaints raised by my col- the provisions of the Controlled Sub- doctors will use the new system and leagues and constituents. For example, stances Act. Doctors and health care that general practice physicians will provisions relating to search warrants providers should be free to practice the take the time and effort to qualify to and the Internet have been deleted be- art of medicine but they may never use this new law to help their addicted cause of these concerns. violate the terms of the Controlled patients. I am proud to have worked Overall, this bill represents a bipar- Substances Act. with the Administration and my col- tisan effort that will result in real In drafting the waiver provisions of leagues on a bipartisan basis in adopt- progress in our continuing battle the bill, the Drug Enforcement Agency, ing the DATA provisions and creating against the scourge of methamphet- the Food and Drug Administration, and this new approach that undoubtedly amine. the National Institute on Drug Abuse Yet another important anti-drug will improve the ability for many to were all consulted. Secretary Shalala abuse provision in this bill we are obtain successful drug abuse treat- has provided her leadership in this adopting today is the Drug Addiction ment. area. As well, this initiative is con- Treatment Act, or the DATA bill. With In closing, I also want to commend sistent with the announcement of the the bipartisan cosponsorship of Sen- the many staff persons who have Director of the Office of National Drug worked so hard on this bill. These in- ators LEVIN, BIDEN and MOYNIHAN, I in- Control Policy, General Barry McCaf- troduced S. 324 last year, and I am clude Dave Larson, Anne Phelps, Jack- frey, of the Administration’s intent to pleased that this bill has been inserted ie Parker, Marcia Lee, Kathleen work to decentralize methadone treat- in H.R. 4365. McGowan, Leah Belaire, David Russell, In 1999, as part of the comprehensive ment. Pattie DeLoatche and Bruce Artim in methamphetamine bill, S. 486, the In 1995, the Institute of Medicine of the Senate and Marc Wheat and John DATA bill was reported by the Judici- the National Academy of Sciences Ford in the House. ary Committee and adopted by the full issued a report, ‘‘Development of Medi- I strongly support this legislation Senate. The DATA bill also was in- cations for Opiate and Cocaine Addic- and urge my colleagues in the House to cluded in the anti-drug provisions that tions: Issues for the Government and pass it as quickly as possible. It is a were adopted as part of the bankruptcy Private Sector.’’ The study called for bill that will raise awareness on chil- reform legislation, S. 625, that passed ‘‘(d)eveloping flexible, alternative dren’s health issues and, at the same the Senate last year. I hope the third means of controlling the dispensing of time, assist those who have specific Senate passage is indeed the charm. anti-addiction narcotic medications needs with regard to alcohol abuse, The goal of the DATA provisions is that would avoid the ‘methadone drug abuse and mental health issues. It simple but it is important: The DATA model’ of individually approved treat- is a good consensus product and is wor- bill attempts to make drug treatment ment centers.’’ thy of our support. more available and more effective to The Drug Addiction Treatment Act— f those who need it. DATA—is exactly the kind of policy THE VERY BAD DEBT BOXSCORE This legislation focuses on increasing initiative that experts have called for the availability and effectiveness of in America’s multifaceted response to Mr. HELMS. Mr. President, at the drug treatment. The purpose of the the drug abuse epidemic. I recognize close of business yesterday, Monday, Drug Addiction Treatment Act is to that the DATA legislation is just one September 25, 2000, the Federal debt allow qualified physicians, as deter- mechanism to attack this problem, and stood at $5,646,252,666,475.97, five tril- mined by the Department of Health I plan to work with my colleagues in lion, six hundred forty-six billion, two and Human Services, to prescribe the Congress to devise additional strat- hundred fifty-two million, six hundred schedule III, IV and V anti-addiction egies to reduce both the supply and de- sixty-six thousand, four hundred sev- medications in physicians’ offices with- mand for drugs. enty-five dollars and ninety-seven out an additional Drug Enforcement These provisions promote a policy cents. Administration, DEA, registration if that dramatically improves these lives Five years ago, September 25, 1995, certain conditions are met. because it helps those who abuse drugs the Federal debt stood at These conditions include certifi- change their lives and become produc- $4,949,969,000,000, four trillion, nine cation by participating physicians that tive members of society. We have work hundred forty-nine billion, nine hun- they are licensed under state law and to do on heroin addiction. For example, dred sixty-nine million. have the training and experience to a 1997 report by the Utah State Divi- Ten years ago, September 25, 1990, treat opium addicts and they will not sion of Substance Abuse, ‘‘Substance the Federal debt stood at treat more than 30 in an office setting Abuse and Need for Treatment Among $3,213,942,000,000, three trillion, two unless the Secretary of Health and Juvenile Arrestees in Utah’’ cites lit- hundred thirteen billion, nine hundred Human Services adjusts this number. erature reporting heroin-using offend- forty-two million. The DATA provisions allow the Sec- ers committed 15 times more robberies, Fifteen years ago, September 25, 1985, retary, as appropriate, to add to these 20 times more burglaries, and 10 times the Federal debt stood at

VerDate 26-SEP-2000 03:05 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.066 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9263 $1,823,103,000,000, one trillion, eight has worked tirelessly on issues about Indonesia figured prominently in hundred twenty-three billion, one hun- which she feels passionate: crime, juve- both Ambassador Masters’ diplomatic dred three million. nile justice reform and education. She and private sector careers. As Political Twenty-five years ago, September 25, has shepherded numerous bills into Counselor of the United States Em- 1975, the Federal debt stood at law, including legislation that estab- bassy in Jakarta from 1964–68, he $552,347,000,000, five hundred fifty-two lished the Department of Corrections, worked on reconstructing U.S. rela- billion, three hundred forty-seven mil- legislation that guarantees truth in tions with Indonesia at a very difficult lion which reflects a debt increase of sentencing; and an anti-stalking law. time. This included closing out our more than $5 trillion— She also authored two amendments to economic aid, information and Peace $5,093,905,666,475.97, five trillion, nine- the New Hampshire Constitution, in- Corps programs because of the highly ty-three billion, nine hundred five mil- cluding one to limit abuse of the insan- adverse political situation in Indo- lion, six hundred sixty-six thousand, ity defense in 1984 and another to ear- nesia. Toward the end of that period, four hundred seventy-five dollars and mark sweepstakes revenues to edu- he worked with various elements of the ninety-seven cents during the past 25 cation in 1990. Donna has held many U.S. Government and NGOs to re- years. leadership positions during her distin- institute some of those programs but f guished career as well. She has been ac- to do so in a way commensurate with tive for many years in the National ADDITIONAL STATEMENTS Indonesian culture and sensitivities. Conference of State Legislatures and He is, in fact, particularly known in currently sits on their executive com- both Indonesia and the United States RECOGNITION OF SEA CADET mittee. She is also a former chair- for his ability to work effectively in MONTH woman of the New Hampshire Repub- the Indonesian environment. lican Party and a past president of the ∑ Mr. GRAMS. Mr. President, Sep- National Republican Legislators asso- As United States Ambassador from tember is Sea Cadet Month, and today ciation. late 1977 until the end of 1981, one of I rise to pay tribute to the Naval Sea Donna’s position in the state legisla- his major responsibilities was man- Cadet Corps. Sea Cadet organizations ture has allowed her to travel the aging a large and very important eco- exist in most of the maritime nations world to promote New Hampshire. She nomic aid program. He worked in par- around the world. Having recognized has visited Germany, England, Taiwan, ticular and in detail on the Provincial the value of these organizations, the Latvia, Zimbabwe, South Africa and Development Program, the programs Department of the Navy requested the Israel to learn about their cultures and to expand Indonesia’s food grain pro- Navy League to establish a similar pro- economies while helping them learn a duction and enhance human resources gram for American youth. little more about our great state. development. Toward the end of his Since their creation in 1958—and Donna and her husband John have tour he organized various elements of their federal incorporation by Congress been fixtures in their hometown of the mission to develop programs to get in 1962—the Naval Sea Cadets Corps Salem since they moved there almost the U.S. Government more effectively has encouraged and aided American 30 years ago. They devote their time behind the programs to develop Indo- youth ages 13–17, training them in sea- and energy to many local organizations nesia’s private sector and increase co- going skills and instilling within them including the Salem Boys and Girls operation between that sector and the patriotism, courage, and commitment. Club and the Salem Visiting Nurse As- United States. By teaching America’s youth the im- sociation. In 1994, Ambassador Masters was in- portant role of maritime service in na- Donna’s dedication to her commu- strumental in forming the United tional defense and economic stability, nity and the legislature are exemplary, States-Indonesia Society. The Society the Corps has produced responsible and and her accomplishments have not is the preeminent institution in the capable leaders. Weekly and monthly gone unnoticed. The editors of New United States devoted to developing a drills at local units and more intensive Hampshire Editors Magazine named broad range of programs aimed at de- two-week training sessions, stress her ‘‘the most powerful woman in New veloping greater awareness and appre- physical fitness, seamanship, shipboard Hampshire’’ in 1997. ciation about Indonesia and the impor- safety, first aid, naval history, and Once again, I would like to thank tance of the U.S.-Indonesia relation- leadership while advanced training ses- Speaker Sytek for her tremendous ship in all major sectors in the U.S. sions range from a submarine seminar service to the people of New Hampshire Ambassador Masters has given brief- to aviation school. Thanks in part to and wish her good health and happiness ings throughout the United States to this training, Sea Cadets demonstrate in her retirement. I am proud to call academic institutions and other inter- the leadership skills and responsibility her my friend, and I am honored to rep- ested groups. He has provided witness that allow them to excel and become resent her in the United States Sen- testimony on numerous occasions be- leaders in their communities. ∑ ate. fore the Senate and House Foreign Re- I wish to pay special tribute to LT f lations Subcommittees on East Asian Lance Nemanic and the Twin Cities and Pacific Affairs on numerous occa- Squadron of the Sea Cadets, for their TRIBUTE TO EDWARD MASTERS sions. He has organized conferences and dedicated service to Minnesota’s ∑ Mr. THOMAS. Mr. President, as other forums bringing Indonesians and Youth. I would also like to thank those Chairman of the Subcommittee on East Americans together to discuss short men and women who continue to make Asian and Pacific Affairs, I would like and long-term issues of mutual con- the U.S. Sea Cadets Corps the pride of to extend my appreciation and con- cern. One such conference he organized the Navy.∑ gratulations to former Ambassador Ed- last October in cooperation with the f ward Masters on the occasion of his re- tirement on October 18 from his posi- Embassy of Indonesia in Washington NEW HAMPSHIRE HOUSE SPEAKER tion as President of United States-In- DC., brought some of the most impres- DONNA SYTEK donesia Society. sive, influential, and knowledgeable in- ∑ Mr. SMITH of New Hampshire. Mr. During his 30-year career in the For- dividuals from Indonesia and the President, I rise today to pay tribute eign Service, in which he reached the United States to discuss the 50 years of to Donna Sytek as she retires as senior rank of Career Minister, Ambas- diplomatic relations between the two Speaker of the New Hampshire House sador Masters served as U.S. Ambas- countries and to provide policy sugges- of Representatives. Donna’s dedication sador to Indonesia and Bangladesh and tions to both governments on how to to public service is remarkable, and Deputy Chief of Mission to Thailand. strengthen ties in the new millennium. she has done much in her twelve terms He also held posts in India and Paki- On September 28, 1998 the Indonesian in the House to make life better for the stan and an assignment as director of government recognized Ambassador people of our great state. the State Department’s Office of East Masters’ valuable contributions and Throughout her nearly quarter cen- Asian Regional Affairs that involved decorated him with the Bintang tury as a member of the House, Donna policy coordination for the entire area. Mahaputra Utama, the second highest

VerDate 26-SEP-2000 03:42 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.026 pfrm02 PsN: S26PT1 S9264 CONGRESSIONAL RECORD — SENATE September 26, 2000 award given by the Government of In- Once again, Janet joins me in send- McGee, David Migliore, Rose Ann Misener, donesia for his commitment and con- ing our best wishes to Jews everywhere Patty Pettus, Sharon Thierer, and Catherine tribution to forging closer ties between for the year 5761, and in saying, Thompson. the U.S. and Indonesia. L’Shana Tova Tekateivu—may you be JACKSONVILLE OFFICE As Chairman, I would also like to inscribed in the Book of Life for a good Shannon Hewett and Carla Summers. recognize and say thanks Ambassador year.∑ MIAMI OFFICE Masters for the valuable work he has f Richard Cores, Sigrid Ebert, Gladys Ferrer, done. When I began my tenure as Mercedes Leon, Sarah Marerro, Nilda Chairman, Indonesia was—unfortu- TRIBUTE TO THE HONORABLE Rodriguez, and Patrick Sowers. nately—largely ignored in the United CONNIE MACK OF FLORIDA AND PENSACOLA OFFICE States. Despite being the fourth largest HIS STAFF Andrew Raines and Kris Tande. country in the world, and the largest ∑ Mr. GRAHAM. Mr. President, with TALLAHASSEE OFFICE Muslim country, its accomplishments respect and admiration, I offer a trib- Jennifer Cooper, Courtney Shumaker, and and its importance to the United ute to my colleague from Florida, The Greg Williams. States as a friend and ally were largely Honorable CONNIE MACK. TAMPA OFFICE overlooked and reduced to occasional Senator MACK has served his state Barbara Dicairano, Jim Harrison, Eliza- tongue-lashings regrading Timor and nation with distinction, and I have beth Sherbuk, Jamie Wilson, and Amy Timur. been honored to serve with him in this Woodard. I made changing that situation a top institution to represent the people of THE FOLLOWING WORKED PRIOR TO 106TH CON- priority of my chairmanship. And my Florida. CONNIE and Priscilla Mack GRESS, BUT PROBABLY WORKED CLOSELY job was made a lot easier by Ambas- have long been our neighbors in Wash- WITH BG’S OFC sador Masters. FORMER STAFF The United States-Indonesia Society ington; they will always remain our has greatly shaped, increased aware- friends. Mitch Bainwol, Scott Barnhart, Glenn I was first elected to the United Bennett, Ellen Bork, Shellie Bressler, Jamie ness and knowledge and provided sup- Brown, Kim Cobb, Jeff Cohen, Kerry port to those of us in the United States Senate in 1986, CONNIE MACK was elected in 1988. As colleagues in the Fennelly, Kimberly Fritts, Mary Anne States, including both houses of Con- Gauthier, Lawrence Harris, Stacey Hughes. gress, the administration and the gov- Senate, we set out to work together on Jackie Ignacio, Joe Jacquot, Chris Lord, ernment, the press, NGO community, behalf of Florida. Mark Mills, Bob Mottice, Yvonne Murray, academia and the population at large Senator MACK and I are loyal mem- Sheila Ross, Mary Beth Savary Taylor, Saul on the importance of Indonesia to the bers of different political parties. We Singer, Meredith Smalley Quellette, Jeffery don’t always vote the same, nor do we Styles, Dawn Teague, Beth Walker, and Jef- United States. Over the last two years ∑ this Society has become even more es- agree on every issue. But, as Senator frey Walter. sential in helping the United States to MACK prepares to leave this institu- f understand the complex dynamics in- tion, I can say with pride that we MESSAGES FROM THE PRESIDENT achieved our goal of working to- volved in moving from an authori- Messages from the President of the tarian regime to the third largest de- gether—and our staffs have worked to- gether—on behalf of Floridians. United States were communicated to mocracy in the world. the Senate by Mr. Williams, one of his I understand why Ambassador Mas- In offering this personal salute to secretaries. ters has decided to step down as Presi- Senator MACK, I also wish to praise the dent; he has earned the respite. But dedication and professionalism of his EXECUTIVE MESSAGES REFERRED those of us concerned with the U.S.-In- staff. On behalf of my family and my As in executive session the Presiding donesia relationship will surely miss staff, I thank Senator MACK’s staff— Officer laid before the Senate messages him and his steady hand at the tiller. I past and present—and wish them con- from the President of the United can only profoundly thank him for his tinued success. States submitting sundry nominations many years of public service to the During his two terms in the United which were referred to the appropriate United States, and to his life-long com- States Senate, Senator MACK assem- committees. mitment to improving relations be- bled a talented staff which made mul- (The nominations received today are tween the United States and Indonesia. tiple contributions to public service. I printed at the end of the Senate pro- As the Indonesians would say, ‘‘Terima ask that the names of these current ceedings.) kasih banyak.’’∑ and past members of Senator MACK’s f f staff be printed in the RECORD as a MESSAGES FROM THE HOUSE token of our appreciation and to reflect OBSERVANCE OF ROSH HASHANAH their significant roles in the history of At 2:30 p.m., a message from the ∑ Mr. ASHCROFT. Mr. President, on this great institution. House of Representatives, delivered by the occasion of the beginning of Rosh The list follows: Ms. Niland, one of its reading clerks, announced that the House has passed Hashanah and the High Holy Day sea- THE FOLLOWING STAFF MEMBERS WORKED FOR son, Janet and I are pleased to offer SENATOR MACK IN THE 106TH CONGRESS the following bills, in which it requests our best wishes to Missouri’s Jewish the concurrence of the Senate: WASHINGTON, DC OFFICE community, and to our Jewish friends H.R. 1064. An act to authorize a coordi- Tysha Banks, Beth Ann Barozie, Frank nated program to promote the development throughout the United States and the Bonner, Curtis Brison, Cara Broughton, Amy of democracy in Serbia and Montenegro. world. As the High Holiday Machzor, or Chapman, Tracie Chesterman, Treasa Chopp, H.R. 4451. An act to designate the facility prayerbook, states, ‘‘On Rosh Hasha- Deidra Ciriello, Julie Clark, Charles Cooper, of the United States Postal Service located nah it is written and on Yom Kippur it Steve Cote, Dan Creekman, Colleen Cresanti, at 1001 Frederick Road in Baltimore, Mary- is sealed,’’ what will be our fates for Graham Culp. land, as the ‘‘Frederick L. Dewberry, Jr. Susan Dubin, Rochelle Eubanks, Michael the year to come. With this in mind, it Post Office Building.’’ Gaines, Buz Gorman, Wendy Grubbs, Alan is my sincere hope that this year will H.R. 4899. An act to establish a commission Haeberle, Patrick Kearney, Sheila Lazzari, bring to all of us: peace throughout the to promote a consistent and coordinated for- C.K. Lee, Peter Levin, Ross Lindholm, Adam world, peace in Israel, and everlasting eign policy of the United States to ensure Lombardo, Cathy Marder, Jordan Paul, economic and military security in the Asia- peace in a united Jerusalem, the eter- Elaine Petty. Pacific region through the promotion of de- nal capital of Israel. Lauren Ploch, John Reich, Bethany Rog- mocracy, human rights, the rule of law, and During this time of year, your days ers, Suzanne Schaffrath, Carrie Schroeder, for other purposes. of awe, know that I join with you in Nancy Segerdahl, Gary Shiffman, Boaz Sing- H.R. 5224. An act to amend the Agriculture the sanctity of your celebration. May er, Benjamin Skaggs, Mark Smith, Sean Trade Development and Assistance Act of Taylor, Yann Van Geertruyden, Greg this period’s spirit of reconciliation 1954 to authorize assistance for the stock- Waddell, and Barbara Watkins. and renewal remind all Missourians, of piling and rapid transportation, delivery, all faiths, of our shared responsibil- FORT MYERS OFFICE and distribution of shelf stable prepackaged ities, toward families, friends, neigh- Chris Berry, Helen Bina, Ann Burhans, foods to needy individuals in foreign coun- bors, and fellow citizens. Wendolyn Grant, Shelly McCall, Diana tries.

VerDate 26-SEP-2000 03:54 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.027 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9265 H.R. 5234. An act to amend the Hmong Vet- at 1001 Frederick Road in Baltimore, Mary- Government of the United Kingdom (HMG); erans’ Naturalization Act of 2000 to extend land, as the ‘‘Frederick L. Dewberry, Jr. to the Committee on Foreign Relations. the applicability of that Act to certain Post Office Building’’; to the Committee on EC–10907. A communication from the As- former spouses of deceased Hmong veterans. Governmental Affairs. sistant Secretary of State (Legislative Af- H.R. 5239. An act to provide for increased H.R. 4899. An act to establish a commission fairs), Department of State, transmitting, penalties for violations of the Export Admin- to promote a consistent and coordinated for- pursuant to law, a report relative to the istration Act of 1979, and for other purposes. eign policy of the United States to ensure United Nations agency or United Nations af- economic and military security in the Asia- filiated agency; to the Committee on For- The message also announced that the eign Relations. House has agreed to the following con- Pacific region through the promotion of de- mocracy, human rights, the rule of law, and EC–10908. A communication from the As- current resolutions, in which it re- for other purposes; to the Committee on For- sistant Secretary (Legislative Affairs), De- quests the concurrence of the Senate: eign Relations. partment of State, transmitting, pursuant to law, a report relative to the incidental cap- H. Con. Res. 399. Concurrent resolution rec- H.R. 5224. An act to amend the Agriculture ture of sea turtles in commercial shrimping ognizing the 25th anniversary of the enact- Trade Development and Assistance Act of operations; to the Committee on Commerce, ment of the Education for All Handicapped 1954 to authorize assistance for the stock- Science, and Transportation. Children Act of 1975. piling and rapid transportation, delivery, EC–10909. A communication from the At- H. Con. Res. 407. Concurrent resolution to and distribution of shelf stable prepackaged torney, Research and Special Programs Ad- direct the Secretary of the Senate to correct foods to needy individuals in foreign coun- ministration, Department of Transportation, technical errors in the enrollment of S. 1455. tries; to the Committee on Agriculture, Nu- transmitting, pursuant to law, the report of H. Con. Res. 409. Concurrent resolution di- trition, and Forestry. a rule entitled ‘‘Pipeline Safety: Underwater recting the Clerk of the House of Representa- f Abandoned Pipeline Facilities’’ (RIN2137– tives to make corrections in the enrollment AC33) received on September 22, 2000; to the of the bill H.R. 1654. MEASURE PLACED ON THE Committee on Commerce, Science, and The message further announced that CALENDAR Transportation. EC–10910. A communication from the At- the House agrees to the amendment of The following concurrent resolution the Senate to the bill (H.R. 2392) to torney, Research and Special Programs Ad- was read, and placed on the calendar: ministration, Department of Transportation, amend the Small Business Act to ex- H. Con. Res. 399. Concurrent resolution rec- transmitting, pursuant to law, the report of tend the authorization for the Small ognizing the 25th anniversary of the enact- a rule entitled ‘‘Hazardous Materials Regula- Business Innovation Research Pro- ment of the Education for All Handicapped tions: Editorial Corrections and Clarifica- gram, and for other purposes, with an Children Act of 1975. tion’’ (RIN2137–AD47) received on September 22, 2000; to the Committee on Commerce, amendment, in which it requests the f concurrence of the Senate. Science, and Transportation. EC–10911. A communication from the Pro- The message also announced that the ENROLLED BILL PRESENTED gram Analyst of the Federal Aviation Ad- House has passed the following bill, The Secretary of the Senate reported ministration, Department of Transportation, without amendment: that on today, September 26, 2000, he transmitting, pursuant to law, the report of S. 1455. An act to enhance protections had presented to the President of the a rule entitled ‘‘Airworthiness Directives: against fraud in the offering of financial as- Polski Zaklady Lotnicze Spolka zo.o. Models United States the following enrolled PZL M18, M18A, and M18B Airplanes; docket sistance for college education, and for other bill: purposes. No. 99–CE–84 [9–15/9–21]’’ (RIN2120–AA64) S. 430. An act to amend the Alaska Native (2000–0471) received on September 22, 2000; to ENROLLED BILLS SIGNED Claims Settlement Act, to provide for a land the Committee on Commerce, Science, and The message further announced that exchange between the Secretary of Agri- Transportation. the Speaker has signed the following culture and the Kake Tribal Corporation, EC–10912. A communication from the Pro- enrolled bills: and for other purposes. gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, H.R. 2909. An act to provide for implemen- f transmitting, pursuant to law, the report of tation by the United States of the Hague a rule entitled ‘‘Airworthiness Directives: Convention on Protection of Children and EXECUTIVE AND OTHER Empresa Brasileira de Aeronautica S.A. Cooperation in Respect of Intercountry COMMUNICATIONS Model EMB 135 and EMB 145 Series Air- Adoption, and for other purposes. planes; docket No. 2000–NM–301 [9–18/9–25]’’ H.R. 4919. An act to amend the Foreign As- The following communications were laid before the Senate, together with (RIN2120–AA64) (2000–0472) received on Sep- sistance Act of 1961 and the Arms Export tember 25, 2000; to the Committee on Com- Control Act to make improvements to cer- accompanying papers, reports, and doc- merce, Science, and Transportation. tain defense and security assistance provi- uments, which were referred as indi- EC–10913. A communication from the Pro- sions under those Acts, to authorize the cated: gram Analyst of the Federal Aviation Ad- transfer of naval vessels to certain foreign EC–10903. A communication from the Chief ministration, Department of Transportation, countries, and for other purposes. of the Programs and Legislation Division, transmitting, pursuant to law, the report of S. 430. An act to amend the Alaska Native Office of the Legislative Liaison, Depart- a rule entitled ‘‘Airworthiness Directives: Claims Settlement Act, to provide for a land ment of the Air Force, transmitting, pursu- Empresa Brasileira de Aeronautica SA Model exchange between the Secretary of Agri- ant to law, a report relative to the initiation EMB 135 and EMB 145 Series Airplanes; dock- culture and the Kake Tribal Corporation, of a single-function cost comparison at Eglin et No. 2000–NM–300; [9–18/9–25]’’ (RIN2120– and for other purposes. Air Force Base, Florida; to the Committee AA64) (2000–0473) received on September 25, The enrolled bills were signed subse- on Armed Services. 2000; to the Committee on Commerce, EC–10904. A communication from the Science, and Transportation. quently by the President pro tempore EC–10914. A communication from the Pro- Under Secretary of Defense, transmitting, (Mr. THURMOND). gram Analyst of the Federal Aviation Ad- pursuant to law, a report relative to the En- ministration, Department of Transportation, At 5:08 p.m. a message from the vironmental Technology Program; to the transmitting, pursuant to law, the report of House of Representatives, delivered by Committee on Armed Services. a rule entitled ‘‘Airworthiness Directives: Mr. Hanrahan, one of its reading EC–10905. A communication from the As- Raytheon Aircraft Company Beech Models sistant Secretary of State (Legislative Af- clerks, announced that the House has 1900C, 1900C12 and 1900D Airplanes; docket fairs), Department of State, transmitting, No. 2000–CE–02 [9–18/9–25]’’ (RIN2120–AA64) passed the following joint resolution, pursuant to law, the report of the trans- in which it requests the concurrence of (2000–0475) received on September 25, 2000; to mittal of the certification of the proposed the Committee on Commerce, Science, and the Senate: issuance of an export license relative to Can- Transportation. H.J. Res. 109. Joint resolution making con- ada, Denmark, French Guiana or Sea EC–10915. A communication from the Pro- tinuing appropriations for the fiscal year Launch, Israel, Italy, Japan, Kouru, Poland, gram Analyst of the Federal Aviation Ad- 2001, and for other purposes. Republic of Korea, South Korea, Spain, Swit- ministration, Department of Transportation, f zerland, The Netherlands, Turkey, and The transmitting, pursuant to law, the report of United Kingdom; to the Committee on For- a rule entitled ‘‘Amendment to Class E Air- MEASURES REFERRED eign Relations. space; Hugoton, KS; docket No. 00–ACE–18 [9– The following bills were read the first EC–10906. A communication from the As- 18/9–25]’’ (RIN2120–AA66) (2000–0223) received sistant Secretary of State (Legislative Af- and second times by unanimous con- on September 25, 2000; to the Committee on fairs), Department of State, transmitting, Commerce, Science, and Transportation. sent, and referred as indicated: pursuant to law, the report of the trans- EC–10916. A communication from the Pro- H.R. 4551. An act to designate the facility mittal of the notice of proposed transfer of gram Analyst of the Federal Aviation Ad- of the United States Postal Service located major defense equipment relative to The ministration, Department of Transportation,

VerDate 26-SEP-2000 03:42 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.027 pfrm02 PsN: S26PT1 S9266 CONGRESSIONAL RECORD — SENATE September 26, 2000 transmitting, pursuant to law, the report of Space Administration, transmitting, pursu- Space Administration, transmitting, a draft a rule entitled ‘‘Amendment to Class E Air- ant to law, the report of a rule entitled of proposed legislation entitled ‘‘National space; McPherson, KS; docket No. 00–ACE–17 ‘‘Code of Conduct for International Space Aeronautics and Space Administration Fed- [9–18/9–25]’’ (RIN2120–AA66) (2000–0224) re- Station Crew’’ (RIN2700–AC40) received on eral Employment Reduction Assistance Act ceived on September 25, 2000; to the Com- September 25, 2000; to the Committee on Amendments’’; to the Committee on Govern- mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. mental Affairs. tation. EC–10926. A communication from the Sec- EC–10937. A communication from the Exec- EC–10917. A communication from the Pro- retary of Health and Human Services, trans- utive Director of the Committee for Pur- gram Analyst of the Federal Aviation Ad- mitting, a draft of proposed legislation enti- chase from People Who Are Blind or Se- ministration, Department of Transportation, tled ‘‘Nursing Home Staffing and Quality Im- verely Disabled, transmitting, pursuant to transmitting, pursuant to law, the report of provement Act of 2000’’; to the Committee on law, the report of additions to the procure- a rule entitled ‘‘Amendment to Class E Air- Finance. ment list received on September 25, 2000; to space; Pella, LA; docket No. 00–ACE–26 [9–18/ EC–10927. A communication from the Chief the Committee on Governmental Affairs. 9–25]’’ (RIN2120–AA66) (2000–0225) received on of the Regulations Unit, Internal Revenue EC–10938. A communication from the Di- September 25, 2000; to the Committee on Service, Department of Treasury, transmit- rector of the Information Security Oversight Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- Office, National Archives and Records Ad- EC–10918. A communication from the Pro- titled ‘‘Capital Gains, Partnership, Sub- ministration, transmitting, pursuant to law, gram Analyst of the Federal Aviation Ad- chapter S, and Trust Provisions’’ (RIN1545– the annual report for 1999; to the Committee ministration, Department of Transportation, AW22) (TD 8902) received on September 22, on Governmental Affairs. transmitting, pursuant to law, the report of 2000; to the Committee on Finance. EC–10939. A communication from the Con- a rule entitled ‘‘Service Difficulty Reports; EC–10928. A communication from the Chief gressional Review Coordinator of the Animal 2120 AF71; Docket No. 28293’’ (RIN2120–AF71) of the Regulations Unit, Internal Revenue Plant Health Inspection Service, Department received on September 22, 2000; to the Com- Service, Department of Treasury, transmit- of Agriculture, transmitting, pursuant to mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Citrus tation. titled ‘‘Weighted Average Interest Rate Up- Canker; Addition to Quarantined Areas; Cor- EC–10919. A communication from the Pro- date’’ (Notice 2000–42) received on September rection’’ (Docket #00–036–2) received on Sep- gram Analyst of the Federal Aviation Ad- 25, 2000; to the Committee on Finance. tember 22, 2000; to the Committee on Agri- ministration, Department of Transportation, EC–10929. A communication from the Chief culture, Nutrition, and Forestry. transmitting, pursuant to law, the report of of the Regulations Unit, Internal Revenue EC–10940. A communication from the Service, Department of Treasury, transmit- a rule entitled ‘‘Commercial Space Transpor- Under Secretary of the Forest Service, De- ting, pursuant to law, the report of a rule en- tation Reusable Launch Vehicle and Reentry partment of Agriculture, transmitting, pur- titled ‘‘Qualified Zone Academy Bonds’’ Licensing Regulations docket No. FAA–1999– suant to law, the report of a rule entitled (RIN1545–AY01) received on September 25, 5535 [9–19/9–25]’’ (RIN2120–AG71) received on ‘‘Urban and Community Forestry Assistance 2000; to the Committee on Finance. Program’’ received on September 25, 2000; to September 25, 2000; to the Committee on EC–10930. A communication from the Chief the Committee on Agriculture, Nutrition, Commerce, Science, and Transportation. of the Regulations Unit, Internal Revenue EC–10920. A communication from the Pro- and Forestry. Service, Department of Treasury, transmit- gram Analyst of the Federal Aviation Ad- EC–10941. A communication from the Dep- ting, pursuant to law, the report of a rule en- ministration, Department of Transportation, uty Associate Administrator, Environmental titled ‘‘Rev. Proc. 2000–39—2001 Per Diem Protection Agency, transmitting, pursuant transmitting, pursuant to law, the report of Rates’’ (Rev. Proc. 2000–39) received on Sep- to law, the report of eight rules entitled a rule entitled ‘‘Financial Responsibility Re- tember 25, 2000; to the Committee on Fi- ‘‘Azoxystrobin; Pesticide Tolerance’’ (FRL quirements for Licensed Reentry Activities; nance. docket No. FA 1999–6265 [9–19/9–25]’’ (RIN2120– EC–10931. A communication from the Exec- #6749–1), ‘‘Bifenthrin; Pesticide Tolerances AG76) received on September 25, 2000; to the utive Secretary, Administration for Children for Emergency Exemptions’’ (FRL #6744–4), Committee on Commerce, Science, and and Families, Department of Health and ‘‘Dimethyl silicone polymer with silica; Transportation. Human Services, transmitting, pursuant to silan, dichloromethyl-, reaction product EC–10921. A communication from the Sen- law, the report of a rule entitled ‘‘Bonus to with silica; hexamethyldisilizane, reaction ior Attorney, National Highway Traffic Safe- Reward States for High Performance’’ product with silica; Tolerance Exemption’’ ty Administration, Department of Transpor- (RIN0970–AB66) received on September 25, (FRL #6745–1), ‘‘Ethametsulfuron-methyl; tation, transmitting, pursuant to law, the re- 2000; to the Committee on Finance. Pesticide Tolerances for Emergency Exemp- port of a rule entitled ‘‘Electric Vehicle EC–10932. A communication from the Gen- tions’’ (FRL #6744–1), ‘‘Halosulfuron-methyl; Safety’’ (RIN2127–AF43) received on Sep- eral Counsel of the Federal Emergency Man- Pesticide Tolerance’’ (FRL #6746–2), and tember 25, 2000; to the Committee on Com- agement Agency, transmitting, pursuant to ‘‘Hexythiazox; Pesticide Tolerance’’ (FRL merce, Science, and Transportation. law, the report of a rule entitled ‘‘Changes in #6746–5), ‘‘Methacrylic Acid-Methyl Meth- EC–10922. A communication from the Dep- Flood Elevation Determinations 65 FR 53915 acrylate-Polyethylene Glycol Methyl Ether uty Assistant Administrator for Fisheries, 09/06/2000’’ (Docket No. FEMA–FEMA–D7501) Methacrylate Copolymer; and Maleic Anhy- National Marine Fisheries Service, Depart- received on September 15, 2000; to the Com- dride-ox-Methylstyrene Copolymer Sodium ment of Commerce, transmitting, pursuant mittee on Banking, Housing, and Urban Af- Salt; Tolerance Exemption’’ (FRL #6745–2), to law, the report of a rule entitled ‘‘Fish- fairs. and ‘‘Yucca Extract; Exemption From the eries off West Coast States and in the West- EC–10933. A communication from the As- Requirement of a Tolerance’’ (FRL #6748–3) ern Pacific; Coastal Pelagic Species Fish- sistant General Counsel for Regulations, Of- received on September 25, 2000; to the Com- eries; Annual Specifications’’ (RIN0648–AN36) fice of the Secretary, Department of Housing mittee on Agriculture, Nutrition, and For- received on September 25, 2000; to the Com- and Urban Development, transmitting, pur- estry. mittee on Commerce, Science, and Transpor- suant to law, the report of a rule entitled EC–10942. A communication from the Regu- tation. ‘‘Fair Market Rents for Fiscal Year 2001’’ lations Officer, Office of the Secretary of EC–10923. A communication from the Act- (FR–4589–N–02) received September 25, 2000; Transportation, transmitting, pursuant to ing Director of the Office of Sustainable to the Committee on Banking, Housing, and law, the report of a rule entitled ‘‘Policy Fisheries, National Marine Fisheries Serv- Urban Affairs. Guidance Concerning Application of Title VI ice, Department of Commerce, transmitting, EC–10934. A communication from the Gen- of the Civil Rights Act of 1964 to Metropoli- pursuant to law, the report of a rule entitled eral Counsel of the National Credit Union tan and Statewide Planning’’ received on ‘‘Fisheries of the Northeastern United Administration, transmitting, pursuant to May 25, 2000; to the Committee on Environ- States; Atlantic Mackerel, Squid and law, the report of a rule entitled ‘‘12 C.F.R. ment and Public Works. Butterfish Fisheries; Inseason Adjustment Part 709 Involuntary Liquidation of Federal EC–10943. A communication from the Dep- Procedures’’ received on September 25, 2000; Credit Unions and Adjudication of Creditor uty Associate Administrator, Environmental to the Committee on Commerce, Science, Claims Involving Federally-Insured Credit Protection Agency, transmitting, pursuant and Transportation. Unions in Liquidation’’ received on Sep- to law, the report of two rules entitled ‘‘Na- EC–10924. A communication from the Chief, tember 25, 2000; to the Committee on Bank- tional Priorities List for Uncontrolled Haz- Policy and Rules Division, Office of Engi- ing, Housing, and Urban Affairs. ardous Waste Sites’’ (FRL #68774) and neering and Technology, Federal Commu- EC–10935. A communication from the ‘‘Pennsylvania: Final Authorization of State nications Commission, transmitting, pursu- Chairman of the Board of Governors of the Hazardous Waste Management Program Re- ant to law, the report of a rule entitled ‘‘Al- Federal Reserve System and the Chairman of visions’’ (FRL #6875–3) received on Sep- location of Spectrum at 2 GHz for Use by the the Securities and Exchange Commission, tember 21, 2000; to the Committee on Envi- Mobile-Satellite Service (ET Docket No. 95– transmitting jointly, pursuant to law, a re- ronment and Public Works. 18)’’ (ET Docket No. 95–18, FCC 00–233) re- port relative to market for small business EC–10944. A communication from the As- ceived on September 25, 2000; to the Com- and commercial mortgage related securities; sistant Secretary, Division of Endangered mittee on Commerce, Science, and Transpor- to the Committee on Banking, Housing, and Species, Fish and Wildlife Service, transmit- tation. Urban Affairs. ting, pursuant to law, the report of a rule en- EC–10925. A communication from the Gen- EC–10936. A communication from the Ad- titled ‘‘Final Determination of critical habi- eral Counsel of National Aeronautics and ministrator of the National Aeronautics and tat for the Alameda whipsnake (Masticophis

VerDate 26-SEP-2000 03:05 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.030 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9267 lateralis euryxanthus)’’ (RIN1018–AF98) re- By Mr. GRAHAM (for himself, Mr. By Mr. MCCONNELL: ceived on September 22, 2000; to the Com- BRYAN, Mr. KENNEDY, Mr. ROCKE- S. Res. 361. A resolution to authorize the mittee on Environment and Public Works. FELLER, and Mr. ROBB): printing of a revised edition of the Senate EC–10945. A communication from the Dep- S. 3107. A bill to amend title XVIII of the Rules and Manual; to the Committee on uty Associate Administrator, Environmental Social Security Act to provide coverage of Rules and Administration. Protection Agency, transmitting two items; outpatient prescription drugs under the f to the Committee on Environment and Pub- medicare program; read the first time. lic Works. By Mr. DORGAN: STATEMENTS ON INTRODUCED EC–10946. A communication from the Dep- S. 3108. A bill to amend the Federal Insec- BILLS AND JOINT RESOLUTIONS ticide, Fungicide, and Rodenticide Act to uty Associate Administrator, Environmental By Mr. DORGAN: Protection Agency, transmitting, pursuant permit a State to register a Canadian pes- to law, the report of two rules entitled ‘‘Ac- ticide for distribution and use within that S. 3108. A bill to amend the Federal quisition Regulation’’ (FRL #6874–5) and State; to the Committee on Agriculture, Nu- Insecticide, Fungicide, and Rodenticide ‘‘Approval and Promulgation of Implementa- trition, and Forestry. Act to permit a State to register a Ca- tion Plans; New York State Implementation By Mrs. MURRAY (for herself, Mr. nadian pesticide for distribution and Plan Revision’’ (FRL #6873–2) received on INOUYE, Mr. KERREY, and Mr. GOR- use within that State; to the Com- September 25, 2000; to the Committee on En- TON): mittee on Agriculture, Nutrition, and S. 3109. A bill to designate the United vironment and Public Works. Forestry. EC–10947. A communication from the As- States courthouse located at 1010 Fifth Ave- sistant General Counsel of the National nue in Seattle, Washington, as the ‘‘William PESTICIDE HARMONIZATION BILL Science Foundation, transmitting, pursuant Kenzo Nakamura United States Court- Mr. DORGAN. Mr. President, during to law, the report of a rule entitled ‘‘Non- house’’; to the Committee on Environment the first few months of the 106th Con- discrimination on the Basis of Sex in Edu- and Public Works. gress in early 1999, I introduced a pes- cation Programs or Activities Receiving By Mr. WELLSTONE (for himself, Mr. ticide harmonization bill—S. 394. JOHNSON, Mr. BAYH, and Mr. KEN- Federal Financial Assistance’’ (RIN1190– Today, I am introducing a revised NEDY): AA28) received on September 22, 2000; to the version of that legislation. The need Committee on Health, Education, Labor, and S. 3110. A bill to ensure that victims of do- Pensions. mestic violence get the help they need in a for this legislation has not changed. EC–10948. A communication from the As- single phone call; to the Committee on Last year, I pointed out that when sistant Secretary for Indian Affairs, Depart- Health, Education, Labor, and Pensions. the U.S.-Canada Free Trade Agreement ment of the Interior, transmitting, pursuant By Mr. INOUYE (for himself and Mr. came into effect, part of the under- to law, the report of a rule entitled ‘‘25 CFR AKAKA): standing on agriculture was that our S. 3111. A bill to amend the Internal Rev- Part 38—Southwestern Indian Polytechnic two nations were going to move rapidly Institute (SIPI) Personnel System’’ enue Code of 1986 to provide an extension of time for the payment of estate tax to more toward the harmonization of pesticide (RIN1076–AE02) received on September 21, regulations. However, we have entered 2000; to the Committee on Indian Affairs. estates with closely held businesses; to the Committee on Finance. a new decade—and century, no less— f By Mr. ABRAHAM (for himself, Mr. and relatively little progress in harmo- PETITIONS AND MEMORIALS MACK, and Mr. MURKOWSKI): nization has been accomplished that is S. 3112. A bill to amend title XVIII of the meaningful to family farmers. The following petitions and memo- Social Security Act to ensure access to dig- Since this trade agreement took ef- rials were laid before the Senate and ital mammography through adequate pay- fect, the pace of Canadian spring and were referred or ordered to lie on the ment under the Medicare system; to the durum wheat, and barley exports to the table as indicated: Committee on Finance. By Mr. MOYNIHAN (for himself and United States have grown from a bare- POM–622. A resolution adopted by the City Mr. SCHUMER): ly noticeable trickle into annual floods of Pembroke Pines, Florida relative to the S. 3113. A bill to convey certain Federal of imported grain into our markets. restoration of the Everglades; to the Com- properties on Governors Island, New York; to mittee on Environment and Public Works. Over the years, I have described many the Committee on Energy and Natural Re- factors that have produced this unfair POM–623. A resolution adopted by the New sources. Jersey State Federation of Women’s Clubs, By Mr. BAUCUS (for himself and Mr. trade relationship and unlevel playing relative to the dumping of dredged materials DASCHLE): field between farmers of our two na- at the Historic Area Remediation Site; to S. 3114. A bill to provide loans for the im- tions. The failure to achieve harmoni- the Committee on Environment and Public provement of telecommunications services zation in pesticides between the United Works. on Indian reservations; to the Committee on States and Canada compounds this on- POM–624. A resolution adopted by the New Indian Affairs. going trade problem. Jersey State Federation of Women’s Clubs, By Mr. SARBANES (for himself, Ms. relative to worldwide trafficking of women Our farmers are concerned that agri- MIKULSKI, Mr. WARNER, and Mr. cultural pesticides that are not avail- and girls; to the Committee on Foreign Rela- ROBB): tions. S. 3115. A bill to extend the term of the able in the United States are being uti- f Chesapeake and Ohio Canal National His- lized by farmers in Canada to produce toric Park Commission; to the Committee on wheat, barley, and other agricultural REPORTS OF COMMITTEES Energy and Natural Resources. commodities that are subsequently im- The following reports of committees By Mr. BREAUX (for himself, Mr. ported and consumed in the United were submitted: CRAIG, Mr. CONRAD, Mr. DASCHLE, Ms. States. They rightfully believe that it LANDRIEU, Mr. AKAKA, Mr. DORGAN, is unfair to import commodities pro- By Mr. HATCH, from the Committee on Mr. ENZI, Mr. BURNS, Mr. GRAMS, Mr. duced with agricultural pesticides that the Judiciary: THOMAS, Mr. KERREY, Mr. CRAPO, Mr. Report to accompany S. 353, a bill to pro- BAUCUS, Mr. ABRAHAM, Mr. GRAHAM, are not available to U.S. producers. vide for class action reform, and for other Mr. INOUYE, Mr. CAMPBELL, and Mr. They believe that it is not in the inter- purposes (Rept. No. 106–420). MACK): ests of consumers or producers to allow By Mr. MCCAIN, from the Committee on S. 3116. A bill to amend the Harmonized such imports. However, it is not just a Commerce, Science, and Transportation, Tariff Schedule of the United States to pre- difference in availability of agricul- without amendment: vent circumvention of the sugar tariff-rate S. 893: A bill to amend title 46, United tural pesticides between our two coun- quotas; to the Committee on Finance. tries, but also in the pricing of these States Code, to provide equitable treatment f with respect to State and local income taxes chemicals. for certain individuals who perform duties on SUBMISSION OF CONCURRENT AND Just last spring, our farmers were de- vessels (Rept. No. 106–421). SENATE RESOLUTIONS nied the right to bring a pesticide f The following concurrent resolutions across the border that was cleared for use in our country, but was not avail- INTRODUCTION OF BILLS AND and Senate resolutions were read, and referred (or acted upon), as indicated: able locally because the company who JOINT RESOLUTIONS manufactures this product chose not to By Mr. MCCONNELL: The following bills and joint resolu- S. Res. 360. A resolution to authorize the sell it here. They were selling a more tions were introduced, read the first printing of a document entitled ‘‘Washing- expensive version of the product here. and second times by unanimous con- ton’s Farewell Address’’; to the Committee The simple fact is, this company was sent, and referred as indicated: on Rules and Administration. using our environmental protection

VerDate 26-SEP-2000 03:05 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.030 pfrm02 PsN: S26PT1 S9268 CONGRESSIONAL RECORD — SENATE September 26, 2000 laws as a means to extract a higher ticides between our two nations. It is ators INOUYE and KERRY. I am also hon- price from our farmers even though the designed specifically to address the ored to have my Washington state col- cheaper product sold in Canada is just problem of pricing differentials on league, Senator GORTON, as an original as safe. This simply is not right. chemicals that are currently available cosponsor. Congressman MCDERMOTT is I have pointed out, time and time in both countries. We need to take this sponsoring this legislation in the again, the fact is that there are signifi- step, so that we can begin the process House, and I thank him for his efforts. cant differences in prices being paid for of creating a level playing field be- Like many Asian-American veterans, essentially the same pesticide by farm- tween farmers of our two countries. Nakamura didn’t hesitate when his ers in our two countries. In fact, in a This bill would make harmonization a country called. He and many others recent survey, farmers in the United reality for those pesticides in which went to war and gave their lives for States were paying between 117 percent their actual selling price is the only freedoms which they and their families and 193 percent more than Canadian real difference. were denied at home. farmers for a number of pesticides. Mr. President, we can’t undo the in- This was after adjusting for differences By Mrs. MURRAY (for herself, justice suffered by Japanese-Americans in currency exchange rates at that Mr. INOUYE, Mr. KERREY, and during World War II, but we can give time. Mr. GORTON): these noble Americans the recognition The farmers in my state are simply S. 3109. A bill to designate the United they deserve. The William Kenzo fed up with what is going on. They see States courthouse located at 1010 Fifth Nakamura Courthouse will serve as a grain flooding across the border, while Avenue in Seattle, Washington, as the permanent reminder that justice must they are unable to access the more in- ‘‘William Kenzo Nakamura United serve all Americans equally. I urge my expensive production inputs available States Courthouse’’; to the Committee colleagues to support this piece of leg- in our ‘‘free trade’’ environment. And I on Environment and Public Works. islation. might add, this grain coming into our THE WILLIAM KENZO NAKAMURA UNITED STATES By Mr. WELLSTONE (for him- country has been treated with these COURTHOUSE products which our farmers are denied Mrs. MURRAY. Mr. President, I rise self, Mr. JOHNSON, Mr. BAYH, access to. This simply must end. today to introduce a bill that would and Mr. KENNEDY): S. 3110. A bill to ensure that victims As I stated earlier, today, I am intro- designate the existing United States of domestic violence get the help they ducing a new version of legislation that Federal Courthouse for the Western need in a single phone call; to the Com- would take an important step in pro- District of Washington in Seattle, mittee on Health, Education, Labor, viding equitable treatment for U.S. Washington, as the ‘‘William Kenzo and Pensions. farmers in the pricing of agricultural Nakamura United States Courthouse.’’ pesticides. And I want to point out William Nakamura was born in 1922, f what has taken place since introduc- and grew up in Seattle, Washington. He THE NATIONAL DOMESTIC VIO- tion of the original pesticide harmoni- attended public schools and was a stu- LENCE HOTLINE ENHANCEMENT zation bill—or maybe I should say— dent at the University of Washington ACT what has not taken place. when he and 110,000 other Japanese Mr. WELLSTONE. Mr. President, I wrote the chairman of the Agri- Americans were removed from their this is the issue of violence in homes. culture Committee on more than one communities and forced into intern- About every 13 seconds a woman is bat- occasion requesting hearings about the ment camps. tered. A home should be a safe place. original version of this legislation, but For many, the disgrace of the intern- This is about anywhere from 5 to 10 to no avail. I was disappointed, to say ment camps and the injustice of that million children witnessing this vio- the least. Especially, as I stated, since American policy fostered resentment lence—not on TV, not in the movies, the need for this legislation has not and anger. Rather than succumb to but in their living rooms, and the ef- disappeared. On the contrary, it is still hate, William Kenzo Nakamura chose fect it has on these children. a hot issue along our northern border to fight for the very country that had Today, I introduce a bill I would like with Canada. treated him unjustly. He enlisted in to be able to have on the floor of the This bill would only deal with agri- the 442d Regimental Combat Team, Senate for a vote. If I don’t get it done cultural chemicals that are identical which went on to become the most over the next week or two, I am posi- or substantially similar. It only deals decorated military team in U.S. his- tive that there will be broad, bipar- with pesticides that have already un- tory. While fighting in Italy, Pfc. Wil- tisan support for this legislation. This dergone rigorous review processes and liam Nakamura was killed on July 4, is called the National Domestic Vio- whose formulations have been reg- 1944. At the time of his death, he was lence Hotline Enhancement Act. I will istered and approved for use in both providing cover for his retreating pla- send the bill to the desk on behalf of countries by the respective regulatory toon. Earlier that day, he had also myself, Senators JOHNSON, BAYH, and agencies. gone beyond the call of duty and sin- KENNEDY. On the House side, Rep- The bill would establish a procedure gle-handedly destroyed a machine-gun resentative CONNIE MORELLA, who has by which states may apply for and re- nest. done such great work in this area, is ceive an Environmental Protection Following his death, Nakamura’s introducing the same piece of legisla- Agency label for agricultural chemi- commanding officer nominated him for tion today. I send this bill to the desk. cals sold in Canada that are identical the Medal of Honor. According to Army Darlene Lussier, from Red Lake or substantially similar to agricultural policy at the time, Japanese Americans Band, a Chippewa Indian reservation in chemicals used in the United States. could not receive the Medal of Honor. Minnesota, called this bill the ‘‘talking Thus, U.S. producers and suppliers Instead, Pfc. Nakamura was awarded circle for all shelters.’’ I would like to could purchase such chemicals in Can- the Distinguished Service Cross, the name it the ‘‘Talking Circle For All ada for use in the United States. The military’s second highest honor. This Shelters.’’ need for this bill is created by pesticide past June, Pfc. Nakamura and 21 other This is modeled after the Day One companies which use chemical labeling Asian-American veterans of World War project in Minnesota. This legislation laws to protect their marketing and II were finally honored with the Con- creates a web site that would allow the pricing structures, rather than pro- gressional Medal of Honor. Senator National Domestic Violence Hotline tecting the public interest. In their se- INOUYE, who served in the same unit as operators at shelters all around the lective labeling of identical or substan- Mr. Nakamura, was one of those who country—and there are 2,000 shelters; tially similar products across the bor- received the Congressional Medal of this is a map of all the shelters in the der they are able to extract unjustified Honor that day. I was proud to be United States of America. It would en- profits from American farmers, and present at the White House for the able, through this web site, shelters create unlevel pricing fields between ceremony. one telephone call from a woman in our two countries. I am pleased that both of the Medal need of help to the hotline, or to any This bill is one legislative step in the of Honor recipients in Congress are shelter, because we would have every- process of full harmonization of pes- original cosponsors of the bill: Sen- body hooked up electronically under

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.037 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9269 very safe and secure conditions. It funding for this, talks about how im- not fully or immediately respond to would simply take one call for a portant this is for healing and how im- the problems of closely held, family- woman to be able to know where she portant it is to return to healthy com- owned businesses. Due to revenue con- and her children could go to get away munities. straints, repeal of the estate tax must from this violence, where they could go Day One is all about healing. Day be slowly phased in. During that phase- to make sure that she would not lose One is all about giving women who in period, whether the tax rate is 45 her life, or that things would not get have been battered and abused and percent, 35 percent, 25 percent, or 15 more violent at home. their children a chance to heal. Day percent, many business owners will This is extremely important because One in Minnesota—and I want it to be still need to liquidate their businesses what happens quite often is a woman Day One in the United States of Amer- to pay the tax. will finally get the courage and she ica—is about making sure when she The alternative proposal to raise the knows she must leave. She knows it is needs to make the call, she can do it deduction for qualified family-owned a dangerous, desperate situation. But and find out where she and her children business interests to $2 million fails to when she calls a shelter, they may be can go. This is the ‘‘Talking Circle For answer the basic liquidity problem. completely filled up and not have any- All Shelters’’ in America. These families have all their assets where for her to go and then she Over the past 5 years, the National tied up in their businesses. They do not doesn’t know where to go. Then she is Domestic Violence Hotline has re- have the cash to pay the estate tax forced to stay in that dangerous home. ceived over 500,000 calls from women right away. Moreover, the strict eligi- Then she is battered again and her and children in danger from abuse. If bility rules and caps restrict the num- children witness this, and quite often we can take this Day One model in ber of family businesses that can qual- the children are battered as well. Re- Minnesota, the web site that we have, ify for the QFOBI deduction. The 10- member, every 13 seconds a woman is and we can now make this a national year recapture rule, which is also part battered in her home. A home should program, we can make sure that these of the alternative proposal, also ham- be a safe place. women and these children will get the pers the businesses that do qualify. This piece of legislation is critically help they need. We can make sure The bill that I and Senator AKAKA in- important. Right now, according to the these women, when they make the call, troduce today would make all closely National Network to End Domestic Vi- will know where they can go, as op- held businesses eligible for temporary olence, only 43 percent of the shelters posed to making a call, and the shelter deferral and installment payment of in the United States have Internet ac- they call doesn’t have any room and the estate tax. My measure simply raises the number of permissible own- cess. We have to do better. In my State they don’t know where to go, and then ers for qualifying closely held busi- of Minnesota, last year 28 women were they stay and are battered again and, nesses from 15 to 75, thereby expanding murdered. This was ‘‘domestic vio- for all I know, they are murdered. eligibility for the 4-year deferral and lence.’’ This year—and the year is bare- We can take this new technology and 10-year installment payment of the es- ly half over—already 33 women in Min- link up all of these shelters electroni- nesota have been murdered because of tate tax. cally. We can make this a part of the In the subchapter S Act of 1958, the domestic violence. Three women were national domestic violence hotline, and Senate established special income tax murdered within 8 days in northern we can make a real difference. rules for closely held businesses. The Minnesota earlier this month. A I want to introduce this today. I am Senate in the same legislation also de- woman, again, is battered every 13 sec- absolutely sure we can pass this legis- cided to collect the estate tax on close- onds, and 3 million to 5 million to 10 lation. I know we can do this. I know it ly held businesses over an extended million children witness this. Over 70 is the right thing to do. I know there payment period. By being allowed to percent of these children themselves will be strong support from Democrats pay the estate tax on the family busi- are abused. and Republicans as well. nesses over 10 annual installments I don’t want to hear one more story after an initial 4-year deferral, the sur- about a woman being murdered by her By Mr. INOUYE (for himself and viving family members can continue to husband or boyfriend. I don’t want to Mr. AKAKA): operate these businesses and use future hear one more story about a woman S. 3111. A bill to amend the Internal Revenue Code of 1986 to provide an ex- earnings to pay the estate tax. being beaten, or her child fighting in In 1996, Congress amended subchapter tension of time for the payment of es- school because he saw the violence in S to allow a small business corporation tate tax to more estates with closely his home. We have to end this. I don’t to have up to 75 owners; this was in- held businesses; to the Committee on want to hear one more statistic about tended to encourage closely held busi- Finance. a quarter of homeless people on any nesses to give key workers a share in given night are victims of domestic vi- TO PROVIDE AN EXTENSION OF TIME FOR THE ownership. But the eligibility rules olence—women and children with no- PAYMENT OF THE ESTATE TAX TO MORE ES- were not changed for estate tax pay- TATES WITH CLOSELY HELD BUSINESSES where to go. This ‘‘Talking Circle For ment. By sharing ownership with work- Mr. INOUYE. Mr. President, the es- All Shelters’’ would enable a woman to ers as encouraged under the 1996 get on this national hotline, or call the tate tax imposes a true hardship on amendments to subchapter S, the own- shelter, and everybody would be linked family-owned businesses. When a per- ers of closely held businesses lose their up through a web site electrically, and son dies, the estate tax must be paid estate tax relief. Although these busi- she would be able to know right away within 9 months. Current law permits nesses still qualify under subchapter S, where she could go to be safe, so that only a small number of business owners they are often no longer eligible for her children would be safe. to pay the estate tax in installments. temporary deferral and extended in- This is modeled after Minnesota’s The tax for most closely held busi- stallment payment of the estate tax. Day One web site. This links every nesses, however, must be paid shortly The Treasury Department suggests shelter in Minnesota. Day One reports after the owners’ death. Often, business that the qualification rules for sub- that 99 percent of women and children assets and even the business itself chapter S and for estate tax relief who call, because of this system, are must be sold to raise the cash to pay should be made consistent once again. assured services and shelter that meets the tax. Closely held businesses, how- During the debate on estate tax relief, their unique needs. I want to take this ever, cannot be sold for their true Senator ROTH and Senator MOYNIHAN Minnesota model—this Day One web value within so short a time. To avoid acknowledged this problem and pledged site model—and make sure this be- such fire sales, elderly owners will to correct it. Accordingly, I urge my comes available for all women and all often sell their businesses while still colleagues to support this measure. children throughout the United States living to get a fair price. Mr. President, I ask unanimous con- of America. Congress, as a matter of policy, sent that the bill be printed in the David Strand, who is chief operating should encourage the formation of fam- RECORD. officer of Allina Health System in Min- ily businesses and also support their There being no objection, the bill was nesota, and who has led the way, along continuation. The estate tax measures ordered to be printed in the RECORD, as with United Way, in providing the that the Senate recently voted on do follows:

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.095 pfrm02 PsN: S26PT1 S9270 CONGRESSIONAL RECORD — SENATE September 26, 2000 S. 3111 Navaho reservation in Arizona, where Additionally the Act establishes a Be it enacted by the Senate and House of Rep- 1,500 school children have computers, matching grant program for con- resentatives of the United States of America in but can’t hook up to the Internet be- ducting feasibility studies to deter- Congress assembled, cause the Information Superhighway mine the best alternative for providing SECTION 1. INCREASE IN NUMBER OF ALLOW- seems to have passed them by. service. ABLE PARTNERS AND SHARE- HOLDERS IN CLOSELY HELD BUSI- And then there is just the basic in- The program will be administered by NESSES. convenience of not having a readily the Rural Utilities Service, an agency (a) IN GENERAL.—Paragraphs (1)(B)(ii), available means of communication: with over 50 years experience in lend- (1)(C)(ii), and (9)(B)(iii)(I) of section 6166(b) of The community of Bylas in Arizona, ing for rural telecommunications infra- the Internal Revenue Code of 1986 (relating which has approximately 2,000 resi- structure throughout the country. to definitions and special rules) are each dents, had only one payphone. People The RUS telecommunications pro- amended by striking ‘‘15’’ and inserting ‘‘75’’. would line up at 6 o’clock in the morn- (b) EFFECTIVE DATE.—The amendments gram has provided financing for 866,000 made by this section shall apply to estates of ing to use the phone. They would stand miles of line approximately one-tenth decedents dying after the date of the enact- in line sometimes until 12 o’clock mid- of which is fiber optic, serving 5.5 mil- ment of this Act. night to use the phone. The only other lion customers, including Native Amer- way to talk to people was if you saw icans. The RUS distance learning/tele- By Mr. BAUCUS (for himself and them in town and then any news may medicine program has funded 306 Mr. DASCHLE) be days old. projects for rural schools and medical S. 3114. A bill to provide loans for the I know these stories are from the centers in 44 states since its inception improvement of telecommunications Southwestern United States but in my in 1993 bringing improved services for services of Indian reservations; to the home state of Montana many of the education and health care centers in Committee on Indian Affairs. reservations lack phone service, over 60 rural communities. All without incur- NATIVE AMERICAN TELECOMMUNICATIONS percent of the homes on the Northern ring any loan losses. IMPROVEMENT AND VALUE ENHANCEMENT ACT Cheyenne Reservation, 55 percent on Mr. BAUCUS. Mr. President, I rise I have the utmost confidence that the Crow Reservation. the Rural Utilities Service will suc- today to introduce the Native Amer- The Federal Communications Com- ican Telecommunications Improve- cessfully administer this program. mission is stepping up to the plate to To wrap up, Mr. President, I know ment and Value Enhancement Act, the help solve this problem by reducing the that we cannot reach everyone. There NATIVE Act. This bill provides a low cost of basic telephone service for indi- are some who simply do not want serv- interest loan program to build tele- viduals on reservations through the ice in order to preserve their tradi- communications infrastructure for fed- Lifeline and Linkup programs. The tional way of living and others who feel erally-recognized Indian tribes. lifeline program could reduce the owning a telephone is not a priority This legislation is timely. This week monthly cost of phone service to one within the household budget; however, the Federal Communications Commis- dollar, all eligible customers would see we should strive to try to ensure tele- sion is hosting an Indian Telecom bills below $10. The Linkup program communications service to those who Training Initiative in St. Paul Min- helps offset the cost of the initiating want and need to have a telephone. nesota to provide training to tribes on service by as much as $100. all phases of providing telecommuni- As stated earlier, this week in St. Mr. SARBANES (for himself, Ms. cations services to their members. Why Paul Minnesota, the FCC is conducting MIKULSKI, Mr. WARNER, and Mr. is this so important? a training seminar for tribal tele- ROBB): At a time when 94 percent of Ameri- communications. S. 3115. A bill to extend the term of cans enjoy basic telephone service and I commend the FCC for their efforts the Chesapeake and Ohio Canal Na- the benefits derived thereof, only 47 and want to assist where I can. That is tional Historic Park Commission; to percent of Native Americans on res- why I am introducing this valuable leg- the Committee on Energy and Natural ervations have service. This is even islation. Resources. below the rate of the rural homes, 91 The infrastructure costs for pro- percent. viding telecommunications services TO REAUTHORIZE THE CHESAPEAKE AND OHIO Indian and Alaska Native people live can be very high especially in remote CANAL NATIONAL HISTORIC PARK COMMISSION in some of the most geographically re- areas where customers can be more Mr. SARBANES. Mr. President, mote areas of the country. Most Alas- than one mile apart. This legislation today I am introducing legislation to ka Native villages are reachable year- will help to keep those costs down by reauthorize the Chesapeake and Ohio round by air only, have limited access lowering the cost of borrowing. Canal National Historical Park Com- by water, and have no road connec- The NATIVE Act provides a $1 billion mission. The current authority for the tions. On the mainland, many Indian revolving loan fund with a graduated Commission expires in January of 2001, reservations are located west of the interest rate pegged to the per capita and this bill would extend that author- Mississippi, where the wide-open spaces income of the population receiving ity for another 10 years. Joining me in often mean that the nearest town, city, service. The interest rates range from 2 introducing this legislation are Sen- or hospital is several hours away by percent for the poorest tribes up to 5 ators MIKULSKI, WARNER and ROBB. car. percent. Mr. President, the C&O Canal Na- Those that do not have a telephone The plans submitted for loan ap- tional Historical Park is one of the do not have access to some of the basic proval will be subject to the require- most unique in this Nation and one of services that we take for granted each ments of current Rural Utilities Serv- the most heavily visited. It begins in and every day. ice borrowers including service capable this great city, the Nation’s Capital Some cannot obtain access to med- of transmitting data at a minimum and extends 184 miles to its original ical care in an emergency. Others can- rate of one Megabit per second. This terminus in Cumberland, Maryland. As not reach prospective employers quick- will ensure the system in place will you can imagine, the development of ly and easily. Many cannot take advan- connect Native Americans to the Inter- plans for the preservation and use of tage of the commercial, educational, net thereby opening up economic op- this park is a major undertaking. It is and medical care opportunities the portunities that wouldn’t otherwise no easy task to protect and preserve a Internet offers. exist. park which averages 100 yards in width Let me give you a couple of exam- The program is not intended to dis- but is 184 miles long. ples: place existing telecommunications car- The work of the Commission is not Raymond Gachupin, governor of riers who are providing service to Na- finished. The Commission is composed Jemez Pueblo in New Mexico, said he tive Americans. In fact, the bill is spe- of representatives of the State of Mary- once was unable to call for emergency cific in that loan funds can only be land, the Commonwealth of Virginia, help for a young man who had been used to provide service to unserved and the State of West Virginia, the District shot because no phone was available. underserved areas, where existing serv- of Columbia, the counties in Maryland William Kennard at an FCC Field ice is deemed inadequate due to either through which the park runs, and Hearing in 1999 revealed a case on the cost or quality. members at large. The passage of this

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.029 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9271 bill will permit the Commission to MILLER) was added as a cosponsor of S. MILLER) was added as a cosponsor of S. complete the rational process begun so 1762, a bill to amend the Watershed 2758, a bill to amend title XVIII of the many years ago to ensure that this Protection and Flood Prevention Act Social Security Act to provide cov- unique part of America’s natural and to authorize the Secretary of Agri- erage of outpatient prescription drugs historical heritage is properly pre- culture to provide cost share assistance under the medicare program. served. for the rehabilitation of structural S. 2858 I encourage those who are interested measures constructed as part of water At the request of Mr. GRAMS, the in the C&O Canal to join in sponsoring resources projects previously funded by names of the Senator from Maine (Ms. this legislation, and it is my hope that the Secretary under such Act or re- SNOWE) and the Senator from Michigan it can be enacted in this Congress. lated laws. (Mr. ABRAHAM) were added as cospon- f S. 1796 sors of S. 2858, a bill to amend title ADDITIONAL COSPONSORS At the request of Mr. LAUTENBERG, XVIII of the Social Security Act to en- the name of the Senator from Nevada sure adequate payment rates for ambu- S. 61 (Mr. REID) was added as a cosponsor of lance services, to apply a prudent At the request of Mr. DEWINE, the S. 1796, a bill to modify the enforce- name of the Senator from Montana layperson standard to the determina- ment of certain anti-terrorism judge- tion of medical necessity for emer- (Mr. BURNS) was added as a cosponsor ments, and for other purposes. of S. 61, a bill to amend the Tariff Act gency ambulance services, and to rec- of 1930 to eliminate disincentives to S. 1900 ognize the additional costs of providing fair trade conditions. At the request of Mr. LAUTENBERG, ambulance services in rural areas. the name of the Senator from Montana S. 717 S. 2912 (Mr. BAUCUS) was added as a cosponsor At the request of Ms. MIKULSKI, the At the request of Mr. KENNEDY, the of S. 1900, a bill to amend the Internal name of the Senator from Louisiana name of the Senator from New York Revenue Code of 1986 to allow a credit (Mr. BREAUX) was added as a cosponsor (Mr. SCHUMER) was added as a cospon- of S. 717, a bill to amend title II of the to holders of qualified bonds issued by sor of S. 2912, a bill to amend the Immi- Social Security Act to provide that the Amtrak, and for other purposes. gration and Nationality Act to remove reductions in social security benefits S. 1957 certain limitations on the eligibility of which are required in the case of At the request of Mr. SCHUMER, the aliens residing in the United States to spouses and surviving spouses who are name of the Senator from Connecticut obtain lawful permanent residency sta- also receiving certain Government pen- (Mr. LIEBERMAN) was added as a co- tus. sions shall be equal to the amount by sponsor of S. 1957, a bill to provide for At the request of Mr. ROBB, his name which two-thirds of the total amount the payment of compensation to the was added as a cosponsor of S. 2912, of the combined monthly benefit (be- families of the Federal employees who supra. were killed in the crash of a United fore reduction) and monthly pension S. 2924 States Air Force CT–43A aircraft on exceeds $1,200, adjusted for inflation. At the request of Ms. COLLINS, the April 3, 1996, near Dubrovnik, Croatia, S. 874 name of the Senator from Arizona (Mr. carrying Secretary of Commerce Ron- At the request of Mr. INOUYE, the KYL) was added as a cosponsor of S. ald H. Brown and 34 others. name of the Senator from Nevada (Mr. 2924, a bill to strengthen the enforce- REID) was added as a cosponsor of S. S. 2084 ment of Federal statutes relating to 874, a bill to repeal the reduction in the At the request of Mr. LUGAR, the false identification, and for other pur- deductible portion of expenses for busi- names of the Senator from Kansas (Mr. poses. ROBERTS) and the Senator from Wash- ness meals and entertainment. S. 2963 S. 909 ington (Mr. GORTON) were added as co- sponsors of S. 2084, a bill to amend the At the request of Mr. BRYAN, the At the request of Mr. CONRAD, the name of the Senator from West Vir- name of the Senator from New Mexico Internal Revenue Code of 1986 to in- crease the amount of the charitable de- ginia (Mr. ROCKEFELLER) was added as (Mr. BINGAMAN) was added as a cospon- a cosponsor of S. 2963, a bill to amend sor of S. 909, a bill to provide for the re- duction allowable for contributions of food inventory, and for other purposes. title XIX of the Social Security Act to view and classification of physician as- require the Secretary of Health and sistant positions in the Federal Gov- S. 2250 Human Services to make publicly ernment, and for other purposes. At the request of Mr. THOMPSON, the name of the Senator from Mississippi available medicaid drug pricing infor- S. 1277 mation. At the request of Mr. GRASSLEY, the (Mr. COCHRAN) was added as a cospon- name of the Senator from Washington sor of S. 2250, a bill to amend the Inter- S. 2986 (Mr. GORTON) was added as a cosponsor nal Revenue Code of 1986 to provide a At the request of Mr. HUTCHINSON, of S. 1277, a bill to amend title XIX of shorter recovery period for the depre- the names of the Senator from Ne- the Social Security Act to establish a ciation of certain restaurant buildings. braska (Mr. HAGEL) and the Senator new prospective payment system for S. 2341 from Washington (Mr. GORTON) were Federally-qualified health centers and At the request of Mr. GREGG, the added as cosponsors of S. 2986, a bill to rural health clinics. name of the Senator from New Hamp- limit the issuance of regulations relat- ing to Federal contractor responsi- S. 1536 shire (Mr. SMITH) was added as a co- bility, to require the Comptroller Gen- At the request of Mr. DEWINE, the sponsor of S. 2341, a bill to authorize names of the Senator from California appropriations for part B of the Indi- eral to conduct a review of Federal contractor compliance with applicable (Mrs. FEINSTEIN), the Senator from Ari- viduals with Disabilities Education Act laws, and for other purposes. zona (Mr. MCCAIN), the Senator from to achieve full funding for part B of Michigan (Mr. LEVIN), the Senator that Act by 2010. S. 3009 from Wisconsin (Mr. KOHL), the Sen- S. 2698 At the request of Mr. HUTCHINSON, ator from Florida (Mr. GRAHAM), and At the request of Mr. MOYNIHAN, the the name of the Senator from North the Senator from Wisconsin (Mr. FEIN- name of the Senator from Alaska (Mr. Dakota (Mr. DORGAN) was added as a GOLD) were added as cosponsors of S. STEVENS) was added as a cosponsor of cosponsor of S. 3009, a bill to provide 1536, a bill to amend the Older Ameri- S. 2698, a bill to amend the Internal funds to the National Center for Rural cans Act of 1965 to extend authoriza- Revenue Code of 1986 to provide an in- Law Enforcement. tions of appropriations for programs centive to ensure that all Americans S. 3020 under the Act, to modernize programs gain timely and equitable access to the At the request of Mr. GRAMS, the and services for older individuals, and Internet over current and future gen- names of the Senator from Iowa (Mr. for other purposes. erations of broadband capability. GRASSLEY) and the Senator from Okla- S. 1762 S. 2758 homa (Mr. NICKLES) were added as co- At the request of Mrs. LINCOLN, the At the request of Mr. GRAHAM, the sponsors of S. 3020, a bill to require the name of the Senator from Georgia (Mr. name of the Senator from Georgia (Mr. Federal Communications Commission

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.060 pfrm02 PsN: S26PT1 S9272 CONGRESSIONAL RECORD — SENATE September 26, 2000 to revise its regulations authorizing S. RES. 343 (c) In addition to the usual number of doc- the operation of new, low-power FM At the request of Mr. FITZGERALD, uments, an 1,400 additional copies of the radio stations. the names of the Senator from Mis- manual shall be bound of which— (1) 500 paperbound copies shall be for the S. 3024 souri (Mr. ASHCROFT), the Senator from use of the Senate; and At the request of Mr. ROBB, the name Virginia (Mr. ROBB), and the Senator (2) 900 copies shall be bound (500 of the Senator from Virginia (Mr. WAR- from California (Mrs. FEINSTEIN) were paperbound; 200 nontabbed black skiver; 200 NER) was added as a cosponsor of S. added as cosponsors of S. Res. 343, a tabbed black skiver) and delivered as may be 3024, a bill to amend title XVIII of the resolution expressing the sense of the directed by the Committee on Rules and Ad- Social Security Act to provide for cov- Senate that the International Red ministration. erage of glaucoma detection services Cross and Red Crescent Movement f under part B of the medicare program. should recognize and admit to full AMENDMENTS SUBMITTED S. 3054 membership Israel’s Magen David At the request of Mr. LUGAR, the Adom Society with its emblem, the name of the Senator from Alaska (Mr. Red Shield of David. AMERICAN COMPETITIVENESS IN STEVENS) was added as a cosponsor of S. RES. 359 THE TWENTY-FIRST CENTURY S. 3054, a bill to amend the Richard B. At the request of Mr. SCHUMER, the ACT OF 2000 Russell National School Lunch Act to name of the Senator from Nevada (Mr. reauthorize the Secretary of Agri- BRYAN) was added as a cosponsor of S. culture to carry out pilot projects to Res. 359, a resolution designating Octo- KENNEDY AMENDMENTS NOS. 4190– increase the number of children par- ber 16, 2000, to October 20, 2000 as ‘‘Na- 4195 ticipating in the summer food service tional Teach For America Week.’’ (Ordered to lie on the table.) program for children. AMENDMENT NO. 4184 Mr. KENNEDY submitted six amend- S. 3071 At the request of Mr. ROBB, his name ments intended to be proposed by him At the request of Mr. LEAHY, the was added as a cosponsor of amend- to the bill (S. 2045) amending the Immi- name of the Senator from Hawaii (Mr. ment No. 4184 intended to be proposed gration and Nationality Act with re- AKAKA) was added as a cosponsor of S. to S. 2045, a bill to amend the Immigra- spect to H–1B nonimmigrant aliens; as 3071, a bill to provide for the appoint- tion and Nationality Act with respect follows: ment of additional Federal circuit and to H-1B nonimmigrant aliens. AMENDMENT NO. 4190 district judges, and for other purposes. At the request of Mrs. BOXER, her S. 3077 name was added as a cosponsor of At the appropriate place, add the fol- At the request of Mr. MOYNIHAN, the amendment No. 4184 intended to be pro- lowing: name of the Senator from West Vir- posed to S. 2045, supra. RECRUITMENT FROM UNDERREPRESENTED MI- NORITY GROUPS. ginia (Mr. BYRD) was added as a co- f Section 212(n)(1) of the Immigration and sponsor of S. 3077, a bill to amend the Nationality Act (8 U.S.C. 1182(n)(1)), as Social Security Act to make correc- SENATE RESOLUTION 360—AU- THORIZING THE PRINTING OF A amended by section 202, is further amended tions and refinements in the Medicare, by inserting after subparagraph (H) the fol- Medicaid, and SCHIP health insurance DOCUMENT ENTITLED ‘‘WASH- lowing: programs, as revised by the Balanced INGTON’S FAREWELL ADDRESS’’ ‘‘(I) The employer certifies that the Budget Act of 1997 and the Medicare, Mr. MCCONNELL submitted the fol- employer— Medicaid, and SCHIP Balanced Budget lowing resolution; which was referred ‘‘(i) is taking steps to recruit qualified Refinement Act of 1999, and for other to the Committee on Rules and Admin- United States workers who are members of underrepresented minority groups, purposes. istration: including— S. 3093 S. RES. 360 ‘‘(I) recruiting at a wide geographical dis- At the request of Mrs. BOXER, the Resolved, tribution of institutions of higher education, name of the Senator from California SECTION 1. AUTHORIZATION. including historically black colleges and uni- (Mrs. FEINSTEIN) was added as a co- The booklet entitled ‘‘Washington’s Fare- versities, other minority institutions, com- sponsor of S. 3093, a bill to require the well Address’’, prepared by the Senate His- munity colleges, and vocational and tech- Federal Energy Regulatory Commis- torical Office under the direction of the Sec- nical colleges; and ‘‘(II) advertising of jobs to publications sion to roll back the wholesale price of retary of the Senate, shall be printed as a Senate document. reaching underrepresented groups of United electric energy sold in the Western States workers, including workers older than SEC. 2. FORMAT. System Coordinating Council, and for 35, minority groups, non-English speakers, The Senate document described in section other purposes. and disabled veterans, and 1 shall include illustrations and shall be in ‘‘(ii) will submit to the Secretary of Labor S. RES. 278 the style, form, manner, and printing as di- at the end of each fiscal year in which the At the request of Mr. KERREY, the rected by the Joint Committee on Printing employer employs an H–1B worker a report names of the Senator from Arizona after consultation with the Secretary of the that describes the steps so taken. Senate. (Mr. MCCAIN), the Senator from Wash- For purposes of this subparagraph, the ington (Mrs. MURRAY), the Senator SEC. 3. COPIES. term ‘minority’ includes individuals who are from Nebraska (Mr. HAGEL), the Sen- In addition to the usual number of copies, African-American, Hispanic, Asian, and ator from North Carolina (Mr. HELMS), there shall be printed 600 additional copies of women.’’. the Senator from Nevada (Mr. BRYAN), the document specified in section 1 for the use of the Secretary of the Senate. the Senator from Delaware (Mr. AMENDMENT NO. 4191 f BIDEN), the Senator from Connecticut On page 13, after line 2, insert the fol- (Mr. DODD), the Senator from Virginia SENATE RESOLUTION 361—AU- lowing: (Mr. ROBB), the Senator from Virginia THORIZING THE PRINTING OF A (6) Section 286(s)(5) of the Immigration and Nationality Act (8 U.S.C. (s)(5) is amended to (Mr. WARNER), and the Senator from REVISED EDITION OF THE SEN- read as follows: Louisiana (Ms. LANDRIEU) were added ATE RULES AND MANUAL (6) USE OF FEES FOR DUTIES RELATING TO PE- as cosponsors of S. Res. 278, a resolu- Mr. MCCONNELL submitted the fol- TITIONS.—4 percent of the amounts deposited tion commending Ernest Burgess, M.D. lowing resolution; which was referred into the H–1B Nonimmigrant Petitioner Ac- for his service to the Nation and inter- to the Committee on Rules and Admin- count shall remain available to the Attorney national community. istration: General until expended to carry out duties S. RES. 292 under paragraphs (1) and (9) of section 214(c) S. RES. 361 At the request of Mr. CLELAND, the related to petitions made for nonimmigrants name of the Senator from Connecticut Resolved, That (a) the Committee on described in section 101(a)(15)(H)(i)(b), under Rules and Administration shall prepare a re- paragraph (1) (C) or (D) of section 204 related (Mr. DODD) was added as a cosponsor of vised edition of the Senate Rules and Manual to petitions for immigrants described in sec- S. Res. 292, a resolution recognizing the for the use of the 106th Congress. tion 203(b), and under section 212(n)(5).’’ 20th century as the ‘‘Century of Women (b) The manual shall be printed as a Senate Notwithstanding any other provision of in the United States.’’ document. this Act, the figure on page 11, line 2 is

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.035 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9273

deemed to be ‘‘22 percent’’; the figure on (A) are not issued or provided by the end of (c) EFFECTIVE DATE.—The amendments page 12, line 25 deemed to be ‘‘4 percent’’; and the third quarter of each fiscal year, the re- made by subsections (a) and (b) shall take ef- the figure on page 13 line 2 is deemed to be mainder of such visas or grants of status fect on the date of enactment of this Act and ‘‘2 percent’’. shall be available for aliens described in shall apply to an alien in removal pro- paragraph (6) as well as aliens described in ceedings, or otherwise subject to removal, AMENDMENT NO. 4192 subparagraph (A). under the Immigration and Nationality Act At the appropriate place, insert the fol- ‘‘(6) Of the total number of aliens author- on or after such date. (d) TERMINATION OF PROCEEDINGS.—In the lowing: ized to be granted nonimmigrant status under section 101(a)(15)(H)(i)(b), not less than case of an alien described in section 237(d) of IMPOSITION OF FEES. 40 percent for fiscal year 2000, not less than the Immigration and Nationality Act (as Section 214(c)(9)(A) of the Immigration and 45 percent for fiscal year 2001, and not less added by subsection (a)) who is in deporta- Nationality Act (8 U.S.C. 1184(c)(9)(A)) is than 50 percent for fiscal year 2002, are au- tion proceedings, or otherwise subject to de- amended by striking ‘‘(excluding’’ and all thorized for such status only if the aliens portation, under such Act (as in effect before that follows through ‘‘2001)’’ and inserting have attained at least a master’s degree from the title III–A effective date in section 309 of ‘‘(excluding any employer that is a primary an institution of higher education (as defined the Illegal Immigration Reform and Immi- or secondary education institution, an insti- in section 101(a) of the Higher Education Act grant Responsibility Act of 1996 (8 U.S.C. 1101 tution of higher education, as defined in sec- of 1965 (20 U.S.C. 1001(a))) in the United note)) before the date of enactment of this tion 101(a) of the Higher Education Act of States or an equivalent degree (as deter- Act, the Attorney General shall terminate 1965 (20 U.S.C. 1001(a)), a nonprofit entity re- mined in a credential evaluation performed such proceedings and shall refrain from de- lated to or affiliated with any such institu- by a private entity prior to filing a petition) porting or removing the alien from the tion, a nonprofit entity which engages in es- from such an institution abroad.’’. United States. tablished curriculum-related clinical train- Notwithstanding any other provision of ing of students registered at any such insti- this Act, the figure on page 2, line 3 is LOTT AMENDMENTS NOS. 4198–4203 tution, a nonprofit research organization, or deemed to be ‘‘200,000’’; the figure on page 2, a governmental research organization) fil- line 4 is deemed to be ‘‘200,000’’; and the fig- (Ordered to lie on the table.) ing’’. ure on page 2, line 5 is deemed to be Mr. LOTT submitted six amendments ‘‘200,000’’. intended to be proposed by him to the AMENDMENT NO. 4193 bill, S. 2045, supra; as follows: On page 17, line 23, strike the period and LANDRIEU AMENDMENTS NOS. AMENDMENT NO. 4198 insert the following: ‘‘; or involves a labor- 4196–4197 Strike all after the first word and insert the following: management partnership, voluntarily agreed (Ordered to lie on the table.) to by labor and management, with the abil- SECTION 1. SHORT TITLE. ity to devise and implement a strategy for Ms. LANDRIEU submitted two This Act may be cited as the ‘‘American assessing the employment and training needs amendments intended to be proposed Competitiveness in the Twenty-first Century of United States workers and obtaining serv- by her to the bill, S. 2045, supra; as fol- Act of 2000’’. ices to meet such needs’’.’’ lows: SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- AMENDMENT NO. 4196 MENTS. (a) FISCAL YEARS 2000–2002.—Section AMENDMENT NO. 4194 At the appropriate place insert the fol- 214(g)(1)(A) of the Immigration and Nation- lowing: On page 9, after line 15, insert the fol- ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— ll lowing: SEC. . ELIGIBILITY FOR NONIMMIGRANT STA- (1) by redesignating clause (v) as clause TUS OF CHILDREN REQUIRING (c) DEPARTMENT OF LABOR SURVEY; RE- (vi); and PORT.— EMERGENCY MEDICAL SURGERY OR OTHER TREATMENT. (2) by striking clauses (iii) and (iv) and in- (1) SURVEY.—The Secretary of Labor shall serting the following: conduct an ongoing survey of the level of Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is ‘‘(iii) 195,000 in fiscal year 2000; and compliance by employers with the provisions ‘‘(iv) 195,000 in fiscal year 2001; and requirements of the H–1B visa program. amended— (1) by striking ‘‘or’’ at the end of subpara- ‘‘(v) 195,000 in fiscal year 2002; and’’. In conducting this survey, the Secretary (b) ADDITIONAL VISAS FOR FISCAL YEAR shall use an independently developed random graph (R); (2) by striking the period at the end of sub- 1999.— sample of employers that have petitioned (1) IN GENERAL.—Notwithstanding section paragraph (S) and inserting ‘‘; or’’; and the INS for H–1B visas. The Secretary is au- 214(g)(1)(A)(ii) of the Immigration and Na- (3) by adding at the end the following new thorized to pursue appropriate penalties tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the subparagraph: where appropriate. total number of aliens who may be issued ‘‘(T)(i) an alien child who requires emer- (2) REPORT.—Beginning 2 years after the visas or otherwise provided nonimmigrant gency medical surgery or other treatment by date of enactment of this Act, and biennially status under section 101(a)(15)(H)(i)(b) of a healthcare provider in the United States, thereafter, the Secretary of Labor shall sub- such Act in fiscal year 1999 is increased by a without regard to whether or not the alien mit a report to Congress containing the find- number equal to the number of aliens who can demonstrate an intention of returning to ings of the survey conducted during the pre- are issued such a visa or provided such status a residence in a foreign country, if— ceding 2-year period. during the period beginning on the date on ‘‘(I) payment for the surgery or other which the limitation in such section treatment will be made by a private indi- AMENDMENT NO. 4195 214(g)(1)(A)(ii) is reached and ending on Sep- vidual or organization; and tember 30, 1999. On page 3, strike line 4 and all that follows ‘‘(II) surgery or treatment of comparable through page 4, line 6, and insert the fol- (2) EFFECTIVE DATE.—Paragraph (1) shall quality is not available in the country of the take effect as if included in the enactment of lowing: alien’s last habitual residence; and Section 214(g) of the Immigration and Na- section 411 of the American Competitiveness ‘‘(ii) any alien parent of the child if accom- and Workforce Improvement Act of 1998 (as tionality Act (8 U.S.C. 1184(g)), as amended panying or following to join;’’. by section 2, is further amended by adding at contained in title IV of division C of the Om- nibus Consolidated and Emergency Supple- the end the following new paragraphs: AMENDMENT NO. 4197 mental Appropriations Act, 1999; Public Law ‘‘(5)(A) Of the total number of aliens au- At the appropriate place, insert the fol- thorized to be granted nonimmigrant status 105–277). lowing: SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- under section 101(a)(15)(H)(i)(b) in a fiscal SEC. ll. (a) GROUNDS FOR DEPORT- year, not less than 12,000 shall be non- SEARCH FACILITIES, AND GRAD- ABILITY.—Section 237 of the Immigration and UATE DEGREE RECIPIENTS; COUNT- immigrant aliens issued visas or otherwise Nationality Act (8 U.S.C. 1227) is amended by ING RULES. provided status under section adding at the end the following: Section 214(g) of the Immigration and Na- 101(a)(15)(H)(i)(b) who are employed (or have ‘‘(d) EXCEPTION TO GROUNDS OF REMOVAL.— tionality Act (8 U.S.C. 1184(g)) is amended by received an offer of employment) at— Subsection (a) shall not apply to an alien adding at the end the following new para- ‘‘(i) an institution of higher education (as who is lawfully admitted to the United graphs: defined in section 101(a) of the Higher Edu- States for permanent residence, and who ac- ‘‘(5) The numerical limitations contained cation Act of 1965 (20 U.S.C. 1001(a))), or a re- quired such status under section in paragraph (1)(A) shall not apply to any lated or affiliated nonprofit entity; 201(b)(2)(A)(i) as a child described in section nonimmigrant alien issued a visa or other- ‘‘(ii) a nonprofit entity that engages in es- 101(b)(1)(F).’’. wise provided status under section tablished curriculum-related clinical train- (b) GROUNDS FOR INADMISSIBILITY.—Section 101(a)(15)(H)(i)(b)— ing of students registered at any such insti- 212 of the Immigration and Nationality Act ‘‘(A) who is employed (or has received an tution; or (8 U.S.C. 1182) is amended by inserting after offer of employment) at— ‘‘(iii) a nonprofit research organization or subsection (b) the following: ‘‘(i) an institution of higher education (as a governmental research organization. ‘‘(c) Subsection (a) shall not apply to an defined in section 101(a) of the Higher Edu- ‘‘(B) To the extent the 12,000 visas or alien described in section 237(d) who is seek- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- grants of status specified in subparagraph ing to reenter the United States.’’. lated or affiliated nonprofit entity; or

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.046 pfrm02 PsN: S26PT1 S9274 CONGRESSIONAL RECORD — SENATE September 26, 2000 ‘‘(ii) a nonprofit research organization or a immigrant status until the alien’s applica- ‘‘(3) Aliens who are subject to the numer- governmental research organization; or tion for adjustment of status has been proc- ical limitations of paragraph (1) shall be ‘‘(B) for whom a petition is filed not more essed and a decision made thereon. issued visas (or otherwise provided non- than 90 days before or not more than 180 days SEC. 5. INCREASED PORTABILITY OF H–1B STA- immigrant status) in the order in which peti- after the nonimmigrant has attained a mas- TUS. tions are filed for such visas or status. If an ter’s degree or higher degree from an institu- (a) IN GENERAL.—Section 214 of the Immi- alien who was issued a visa or otherwise pro- tion of higher education (as defined in sec- gration and Nationality Act (8 U.S.C. 1184) is vided nonimmigrant status and counted tion 101(a) of the Higher Education Act of amended by adding at the end the following against the numerical limitations of para- 1965 (20 U.S.C. 1001(a))). new subsection: graph (1) is found to have been issued such ‘‘(6) Any alien who ceases to be employed ‘‘(m)(1) A nonimmigrant alien described in visa or otherwise provided such status by by an employer described in paragraph (5)(A) paragraph (2) who was previously issued a fraud or willfully misrepresenting a material shall, if employed as a nonimmigrant alien visa or otherwise provided nonimmigrant fact and such visa or nonimmigrant status is described in section 101(a)(15)(H)(i)(b), who status under section 101(a)(15)(H)(i)(b) is au- revoked, then one number shall be restored has not previously been counted toward the thorized to accept new employment upon the to the total number of aliens who may be numerical limitations contained in para- filing by the prospective employer of a new issued visas or otherwise provided such sta- graph (1)(A), be counted toward those limita- petition on behalf of such nonimmigrant as tus under the numerical limitations of para- tions the first time the alien is employed by provided under subsection (a). Employment graph (1) in the fiscal year in which the peti- an employer other than one described in authorization shall continue for such alien tion is revoked, regardless of the fiscal year paragraph (5)(A). until the new petition is adjudicated. If the in which the petition was approved.’’. ‘‘(7) Any alien who has already been count- new petition is denied, such authorization SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- ed, within the 6 years prior to the approval shall cease. ITAL DIVIDE’’. of a petition described in subsection (c), to- ‘‘(2) A nonimmigrant alien described in (a) STUDY.—The National Science Founda- ward the numerical limitations of paragraph this paragraph is a nonimmigrant alien— tion shall conduct a study of the divergence (1)(A) shall not again be counted toward ‘‘(A) who has been lawfully admitted into in access to high technology (commonly re- those limitations unless the alien would be the United States; ferred to as the ‘‘digital divide’’) in the eligible for a full 6 years of authorized ad- ‘‘(B) on whose behalf an employer has filed United States. mission at the time the petition is filed. a nonfrivolous petition for new employment (b) REPORT.—Not later than 18 months Where multiple petitions are approved for 1 before the date of expiration of the period of after the date of enactment of this Act, the alien, that alien shall be counted only stay authorized by the Attorney General; Director of the National Science Foundation once.’’. and shall submit a report to Congress setting SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without WITH RESPECT TO EMPLOYMENT- forth the findings of the study conducted authorization before or during the pendency under subsection (a). BASED IMMIGRANTS. of such petition for new employment in the (a) SPECIAL RULES.—Section 202(a) of the SEC. 10. MODIFICATION OF NONIMMIGRANT PE- United States.’’. TITIONER ACCOUNT PROVISIONS. Immigration and Nationality Act (8 U.S.C. (b) EFFECTIVE DATE.—The amendment (a) ALLOCATION OF FUNDS.—Section 286(s) 1152(a)) is amended by adding at the end the made by subsection (a) shall apply to peti- of the Immigration and Nationality Act (8 following new paragraph: tions filed before, on, or after the date of en- U.S.C. 1356(s)) is amended— ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- actment of this Act. GRANTS.— (1) in paragraph (2), by striking ‘‘56.3 per- SEC. 6. SPECIAL PROVISIONS IN CASES OF ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT LENGTHY ADJUDICATIONS. cent’’ and inserting ‘‘55 percent’’; (2) in paragraph (3), by striking ‘‘28.2 per- SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (a) EXEMPTION FROM LIMITATION.—The lim- TIONAL VISAS AVAILABLE.—If the total num- itation contained in section 214(g)(4) of the cent’’ and inserting ‘‘23.5 percent’’; ber of visas available under paragraph (1), Immigration and Nationality Act (8 U.S.C. (3) by amending paragraph (4) to read as (2), (3), (4), or (5) of section 203(b) for a cal- 1184(g)(4)) with respect to the duration of au- follows: endar quarter exceeds the number of quali- thorized stay shall not apply to any non- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- fied immigrants who may otherwise be immigrant alien previously issued a visa or PETITIVE GRANT PROGRAM FOR K–12 MATH, issued such visas, the visas made available otherwise provided nonimmigrant status SCIENCE AND TECHNOLOGY EDUCATION.— under that paragraph shall be issued without under section 101(a)(15)(H)(i)(b) of that Act ‘‘(A) IN GENERAL.—15 percent of the regard to the numerical limitation under on whose behalf a petition under section amounts deposited into the H–1B Non- paragraph (2) of this subsection during the 204(b) of that Act to accord the alien immi- immigrant Petitioner Account shall remain remainder of the calendar quarter. grant status under section 203(b) of that Act, available to the Director of the National ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN or an application for adjustment of status Science Foundation until expended to carry COUNTRIES SUBJECT TO SUBSECTION (E).—In the under section 245 of that Act to accord the out a direct or matching grant program to case of a foreign state or dependent area to alien status under such section 203(b), has support private-public partnerships in K–12 which subsection (e) applies, if the total been filed, if 365 days or more have elapsed education. number of visas issued under section 203(b) since— ‘‘(B) TYPES OF PROGRAMS COVERED.—The exceeds the maximum number of visas that (1) the filing of a labor certification appli- Director shall award grants to such pro- may be made available to immigrants of the cation on the alien’s behalf (if such certifi- grams, including those which support the de- state or area under section 203(b) consistent cation is required for the alien to obtain sta- velopment and implementation of standards- with subsection (e) (determined without re- tus under such section 203(b)); or based instructional materials models and re- gard to this paragraph), in applying sub- (2) the filing of the petition under such sec- lated student assessments that enable K–12 section (e) all visas shall be deemed to have tion 204(b). students to acquire an understanding of been required for the classes of aliens speci- (b) EXTENSION OF H1–B WORKER STATUS.— science, mathematics, and technology, as fied in section 203(b).’’. The Attorney General shall extend the stay well as to develop critical thinking skills; (b) CONFORMING AMENDMENTS.— of an alien who qualifies for an exemption provide systemic improvement in training (1) Section 202(a)(2) of the Immigration and under subsection (a) in one-year increments K–12 teachers and education for students in Nationality Act (8 U.S.C. 1152(a)(2)) is until such time as a final decision is made on science, mathematics, and technology; sup- amended by striking ‘‘paragraphs (3) and (4)’’ the alien’s lawful permanent residence. port the professional development of K–12 and inserting ‘‘paragraphs (3), (4), and (5)’’. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS math and science teachers in the used of (2) Section 202(e)(3) of the Immigration and AND AUTHORITIES THROUGH FIS- technology in the classroom; stimulate sys- Nationality Act (8 U.S.C. 1152(e)(3)) is CAL YEAR 2002. tem-wide K–12 reform of science, mathe- amended by striking ‘‘the proportion of the (a) ATTESTATION REQUIREMENTS.—Section matics, and technology in rural, economi- visa numbers’’ and inserting ‘‘except as pro- 212(n)(1)(E)(ii)) of the Immigration and Na- cally disadvantaged regions of the United vided in subsection (a)(5), the proportion of tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is States; provide externships and other oppor- the visa numbers’’. amended by striking ‘‘October 1, 2001’’ and tunities for students to increase their appre- (c) ONE-TIME PROTECTION UNDER PER COUN- inserting ‘‘October 1, 2002’’. ciation and understanding of science, mathe- TRY CEILING.—Notwithstanding section (b) DEPARTMENT OF LABOR INVESTIGATIVE matics, engineering, and technology (includ- 214(g)(4) of the Immigration and Nationality AUTHORITIES.—Section 413(e)(2) of the Amer- ing summer institutes sponsored by an insti- Act (8 U.S.C. 1184(g)(4)), any alien who— ican Competitiveness and Workforce Im- tution of higher education for students in (1) is the beneficiary of a petition filed provement Act of 1998 (as contained in title grades 7–12 that provide instruction in such under section 204(a) of that Act for a pref- IV of division C of Public Law 105–277) is fields); involve partnerships of industry, edu- erence status under paragraph (1), (2), or (3) amended by striking ‘‘September 30, 2001’’ cational institutions, and community orga- of section 203(b) of that Act; and and inserting ‘‘September 30, 2002’’. nizations to address the educational needs of (2) would be subject to the per country lim- SEC. 8. RECOVERY OF VISAS USED FRAUDU- disadvantaged communities; provide college itations applicable to immigrants but for LENTLY. preparatory support to expose and prepare this subsection, Section 214(g)(3) of the Immigration and students for careers in science, mathematics, may apply for, and the Attorney General Nationality Act (8 U.S.C. 1184 (g)(3)) is engineering, and technology; and provide for may grant, an extension of such non- amended to read as follows: carrying out systemic reform activities

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9275 under section 3(a)(1) of this National Science ‘‘(i) 75 percent of the grants to a local gle grant, or $150,000, whichever is less, may Foundation Act of 1950 (42 U.S.C. workforce investment board established be used toward the start-up costs of partner- 1862(a)(1)).’’; under section 117 of the Workforce Invest- ships or new training programs and projects. (4) in paragraph (6), by striking ‘‘6 per- ment Act of 1998 (29 U.S.C. 2832) or consortia ‘‘(C) DURATION OF START-UP PERIOD.—For cent’’ and inserting ‘‘5 percent’’; and of such boards in a region. Each workforce purposes of this subsection, a start-up period (5) in paragraph (6), by striking ‘‘3 per- investment board or consortia of boards re- consists of a period of not more than 2 cent’’ each place it appears and inserting ceiving grant funds shall represent a local or months after the grant period begins, at ‘‘2.5 percent’’. regional public-private partnership con- which time training shall immediately begin (b) LOW-INCOME SCHOLARSHIP PROGRAM.— sisting of at least— and no further Federal funds may be used for Section 414(d)(3) of the American Competi- ‘‘(I) one workforce investment board; start-up purposes. tiveness and Workforce Improvement Act of ‘‘(II) one community-based organization or ‘‘(4) TRAINING OUTCOMES.— 1998 (as contained in title IV of division C of higher education institution or labor union; ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS Public Law 105–277) is amended by striking and AND PROJECTS.—Consideration in the award- ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per ‘‘(III) one business or business-related non- ing of grants shall be given to applicants year. The Director may renew scholarships profit organization such as a trade associa- that provide a specific, measurable commit- for up to 4 years.’’. tion; and ment upon successful completion of a train- (c) REPORTING REQUIREMENT.—Section 414 ‘‘(ii) 25 percent of the grants under the Sec- ing course, to— of the American Competitiveness and Work- retary of Labor’s authority to award grants ‘‘(i) hire or effectuate the hiring of unem- force Improvement Act of 1998 (as contained for demonstration projects or programs ployed trainees (where applicable); in title IV of division C of Public Law 105– under section 171 of the Workforce Invest- 277) is amended by adding at the end the fol- ‘‘(ii) increase the wages or salary of incum- ment Act (29 U.S.C. 2916) to partnerships bent workers (where applicable); and lowing new subsection: that shall consist of at least 2 businesses or ‘‘(e) REPORTING REQUIREMENT.—The Sec- ‘‘(iii) provide skill certifications to train- a business-related nonprofit organization ees or link the training to industry-accepted retary of Labor and the Director of the Na- that represents more than one business, and tional Science Foundation shall— occupational skill standards, certificates, or that may include any educational, labor, ‘‘(1) track and monitor the performance of licensing requirements. community organization, or workforce in- programs receiving H–1B Nonimmigrant Fee ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- vestment board, except that such grant grant money; and TIONS.—Applications for grants shall— funds may be used only to carry out a strat- ‘‘(2) not later than one year after the date ‘‘(i) articulate the level of skills that work- egy that would otherwise not be eligible for of enactment of this subsection, submit a re- ers will be trained for and the manner by funds provided under clause (i), due to bar- port to the Committees on the Judiciary of which attainment of those skills will be riers in meeting those partnership eligibility the House of Representatives and the measured; and criteria, on a national, multistate, regional, Senate— ‘‘(ii) include an agreement that the pro- or rural area (such as rural telework pro- ‘‘(A) the tracking system to monitor the gram or project shall be subject to evalua- grams) basis. performance of programs receiving H–1B tion by the Secretary of Labor to measure ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL grant funding; and its effectiveness. AGENTS.—Each partnership formed under ‘‘(5) MATCHING FUNDS.—Each application ‘‘(B) the number of individuals who have subparagraph (A) shall designate a respon- for a grant to carry out a program or project completed training and have entered the sible fiscal agent to receive and disburse described in paragraph (1)(A) shall state the high-skill workforce through these pro- grant funds under this subsection. grams.’’. manner by which the partnership will pro- ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- vide non-Federal matching resources (cash, SEC. 11. DEMONSTRATION PROGRAMS AND sideration in the awarding of grants shall be PROJECTS TO PROVIDE TECHNICAL or in-kind contributions, or both) equal to at given to any partnership that involves and SKILLS TRAINING FOR WORKERS. least 50 percent of the total grant amount directly benefits more than one small busi- Section 414(c) of the American Competi- awarded under paragraph (2)(A)(i), and at ness (each consisting of 100 employees or tiveness and Workforce Improvement Act of least 100 percent of the total grant amount less). 1998 (as contained in title IV of division C of awarded under paragraph (2)(A)(ii). At least ‘‘(D) ALLOCATION OF GRANTS.—In making Public Law 105–277; 112 Stat. 2681–653) is one-half of the non-Federal matching funds amended to read as follows: grants under this paragraph, the Secretary shall make every effort to fairly distribute shall be from the business or businesses or ‘‘(c) DEMONSTRATION PROGRAMS AND business-related nonprofit organizations in- PROJECTS TO PROVIDE TECHNICAL SKILLS grants across rural and urban areas, and across the different geographic regions of the volved. Consideration in the award of grants TRAINING FOR WORKERS.— shall be given to applicants that provide a ‘‘(1) IN GENERAL.— United States. The total amount of grants awarded to carry out programs and projects specific commitment or commitments of re- ‘‘(A) FUNDING.—The Secretary of Labor sources from other public or private sources, shall use funds available under section described in paragraph (1)(A) shall be allo- or both, so as to demonstrate the long-term 286(s)(2) of the Immigration and Nationality cated as follows: sustainability of the training program or Act (8 U.S.C. 1356(s)(2)) to establish dem- ‘‘(i) At least 80 percent of the grants shall project after the grant expires. onstration programs or projects to provide be awarded to programs and projects that ‘‘(6) ADMINISTRATIVE COSTS.—An entity technical skills training for workers, includ- train employed and unemployed workers in that receives a grant to carry out a program ing both employed and unemployed workers. skills that are in shortage in high tech- or project described in paragraph (1)(A) may ‘‘(B) TRAINING PROVIDED.—Training funded nology, information technology, and bio- not use more than 10 percent of the amount by a program or project described in sub- technology, including skills needed for soft- of the grant to pay for administrative costs paragraph (A) shall be for persons who are ware and communications services, tele- associated with the program or project.’’. currently employed and who wish to obtain communications, systems installation and and upgrade skills as well as for persons who integration, computers and communications SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- are unemployed. Such training is not limited hardware, advanced manufacturing, health PUTER EDUCATION INITIATIVE. to skill levels commensurate with a four- care technology, biotechnology and bio- (a) SHORT TITLE.—This section may be year undergraduate degree, but should in- medical research and manufacturing, and in- cited as the ‘‘Kids 2000 Act’’. clude the preparation of workers for a broad novation services. (b) FINDINGS.—Congress makes the fol- range of positions along a career ladder. Con- ‘‘(ii) No more than 20 percent of the grants lowing findings: sideration shall be given to the use of grant shall be available to programs and projects (1) There is an increasing epidemic of juve- funds to demonstrate a significant ability to that train employed and unemployed work- nile crime throughout the United States. expand a training program or project ers for skills related to any H–1B skill short- (2) It is well documented that the majority through such means as training more work- age. of juvenile crimes take place during after- ers or offering more courses, and training ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- school hours. programs or projects resulting from collabo- graph (D)(ii), the term ‘H–1B skill shortage’ (3) Knowledge of technology is becoming rations, especially with more than one small means a shortage of skills necessary for em- increasingly necessary for children in school business or with a labor-management train- ployment in a specialty occupation, as de- and out of school. ing program or project. All training shall be fined in section 214(i) of the Immigration and (4) The Boys and Girls Clubs of America justified with evidence of skill shortages as Nationality Act. have 2,700 clubs throughout all 50 States, demonstrated through reliable regional, ‘‘(3) START-UP FUNDS.— serving over 3,000,000 boys and girls pri- State, or local data. ‘‘(A) IN GENERAL.—Except as provided in marily from at-risk communities. ‘‘(2) GRANTS.— subparagraph (B), not more than 5 percent of (5) The Boys and Girls Clubs of America ‘‘(A) ELIGIBILITY.—To carry out the pro- any single grant, or not to exceed $75,000, have the physical structures in place for im- grams and projects described in paragraph whichever is less, may be used toward the mediate implementation of an after-school (1)(A), the Secretary of Labor shall, in con- start-up costs of partnerships or new train- technology program. sultation with the Secretary of Commerce, ing programs and projects. (6) Building technology centers and pro- subject to the availability of funds in the H– ‘‘(B) EXCEPTION.—In the case of partner- viding integrated content and full-time staff- 1B Nonimmigrant Petitioner Account, ships consisting primarily of small busi- ing at those centers in the Boys and Girls award— nesses, not more than 10 percent of any sin- Clubs of America nationwide will help foster

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 S9276 CONGRESSIONAL RECORD — SENATE September 26, 2000 education, job training, and an alternative (1) the ability of the applicant to provide ‘‘(i) an institution of higher education (as to crime for at-risk youth. the intended services; defined in section 101(a) of the Higher Edu- (7) Partnerships between the public sector (2) the history and establishment of the ap- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- and the private sector are an effective way of plicant in providing youth activities; and lated or affiliated nonprofit entity; or providing after-school technology programs (3) the extent to which services will be pro- ‘‘(ii) a nonprofit research organization or a in the Boys and Girls Clubs of America. vided in crime-prone areas and techno- governmental research organization; or (8) PowerUp: Bridging the Digital Divide is logically underserved populations, and ef- ‘‘(B) for whom a petition is filed not more an entity comprised of more than a dozen forts to achieve an equitable geographic dis- than 90 days before or not more than 180 days nonprofit organizations, major corporations, tribution of the grant awards. after the nonimmigrant has attained a mas- and Federal agencies that have joined to- (f) AUTHORIZATION OF APPROPRIATIONS.— ter’s degree or higher degree from an institu- gether to launch a major new initiative to (1) IN GENERAL.—There is authorized to be tion of higher education (as defined in sec- help ensure that America’s underserved appropriated $20,000,000 for each of the fiscal tion 101(a) of the Higher Education Act of young people acquire the skills, experiences, years 2001 through 2006 to carry out this sec- 1965 (20 U.S.C. 1001(a))). and resources they need to succeed in the tion. ‘‘(6) Any alien who ceases to be employed digital age. (2) SOURCE OF FUNDS.—Funds to carry out by an employer described in paragraph (5)(A) (9) Bringing PowerUp into the Boys and this section may be derived from the Violent shall, if employed as a nonimmigrant alien Girls Clubs of America will be an effective Crime Reduction Trust Fund. described in section 101(a)(15)(H)(i)(b), who way to ensure that our youth have a safe, (3) CONTINUED AVAILABILITY.—Amounts has not previously been counted toward the crime-free environment in which to learn the made available under this subsection shall numerical limitations contained in para- technological skills they need to close the remain available until expended. graph (1)(A), be counted toward those limita- divide between young people who have access SEC. 13. SEVERABILITY. tions the first time the alien is employed by to computer-based information and tech- If any provision of this Act (or any amend- an employer other than one described in nology-related skills and those who do not. ment made by this Act) or the application paragraph (5)(A). (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO thereof to any person or circumstance is held ‘‘(7) Any alien who has already been count- THE BOYS AND GIRLS CLUBS OF AMERICA.— invalid, the remainder of the Act (and the ed, within the 6 years prior to the approval (1) PURPOSES.—The Attorney General shall amendments made by this Act) and the ap- of a petition described in subsection (c), to- make grants to the Boys and Girls Clubs of plication of such provision to any other per- ward the numerical limitations of paragraph America for the purpose of funding effective son or circumstance shall not be affected (1)(A) shall not again be counted toward after-school technology programs, such as thereby. This section shall be enacted 10 those limitations unless the alien would be PowerUp, in order to provide— days after effective date. (A) constructive technology-focused activi- eligible for a full 6 years of authorized ad- mission at the time the petition is filed. ties that are part of a comprehensive pro- AMENDMENT NO. 4199 gram to provide access to technology and Where multiple petitions are approved for 1 Strike all after the first word and insert alien, that alien shall be counted only technology training to youth during after- the following: school hours, weekends, and school vaca- once.’’. SECTION 1. SHORT TITLE. SEC. 4. LIMITATION ON PER COUNTRY CEILING tions; This Act may be cited as the ‘‘American (B) supervised activities in safe environ- WITH RESPECT TO EMPLOYMENT- Competitiveness in the Twenty-first Century BASED IMMIGRANTS. ments for youth; and Act of 2000’’. (C) full-time staffing with teachers, tutors, (a) SPECIAL RULES.—Section 202(a) of the SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- Immigration and Nationality Act (8 U.S.C. and other qualified personnel. MENTS. (2) SUBAWARDS.—The Boys and Girls Clubs 1152(a)) is amended by adding at the end the (a) FISCAL YEARS 2000–2002.—Section following new paragraph: of America shall make subawards to local 214(g)(1)(A) of the Immigration and Nation- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- boys and girls clubs authorizing expenditures ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— GRANTS.— associated with providing technology pro- (1) by redesignating clause (v) as clause ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT grams such as PowerUp, including the hiring (vi); and SUBJECT TO PER COUNTRY LIMITATION IF ADDI- of teachers and other personnel, procure- (2) by striking clauses (iii) and (iv) and in- TIONAL VISAS AVAILABLE.—If the total num- ment of goods and services, including com- serting the following: puter equipment, or such other purposes as ber of visas available under paragraph (1), ‘‘(iii) 195,000 in fiscal year 2000; and (2), (3), (4), or (5) of section 203(b) for a cal- are approved by the Attorney General. ‘‘(iv) 195,000 in fiscal year 2001; (d) APPLICATIONS.— endar quarter exceeds the number of quali- ‘‘(v) 195,000 in fiscal year 2002; and’’. fied immigrants who may otherwise be (1) ELIGIBILITY.—In order to be eligible to (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available receive a grant under this section, an appli- 1999.— under that paragraph shall be issued without cant for a subaward (specified in subsection (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under (c)(2)) shall submit an application to the 214(g)(1)(A)(ii) of the Immigration and Na- paragraph (2) of this subsection during the Boys and Girls Clubs of America, in such tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. form and containing such information as the total number of aliens who may be issued ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN Attorney General may reasonably require. visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the (2) APPLICATION REQUIREMENTS.—Each ap- status under section 101(a)(15)(H)(i)(b) of case of a foreign state or dependent area to plication submitted in accordance with para- such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total graph (1) shall include— number equal to the number of aliens who number of visas issued under section 203(b) (A) a request for a subgrant to be used for are issued such a visa or provided such status exceeds the maximum number of visas that the purposes of this section; during the period beginning on the date on may be made available to immigrants of the (B) a description of the communities to be which the limitation in such section state or area under section 203(b) consistent served by the grant, including the nature of 214(g)(1)(A)(ii) is reached and ending on Sep- with subsection (e) (determined without re- juvenile crime, violence, and drug use in the tember 30, 1999. gard to this paragraph), in applying sub- communities; (2) EFFECTIVE DATE.—Paragraph (1) shall section (e) all visas shall be deemed to have (C) written assurances that Federal funds take effect as if included in the enactment of been required for the classes of aliens speci- received under this section will be used to section 411 of the American Competitiveness fied in section 203(b).’’. supplement and not supplant, non-Federal and Workforce Improvement Act of 1998 (as (b) CONFORMING AMENDMENTS.— funds that would otherwise be available for contained in title IV of division C of the Om- (1) Section 202(a)(2) of the Immigration and activities funded under this section; nibus Consolidated and Emergency Supple- Nationality Act (8 U.S.C. 1152(a)(2)) is (D) written assurances that all activities mental Appropriations Act, 1999; Public Law amended by striking ‘‘paragraphs (3) and (4)’’ funded under this section will be supervised 105–277). by qualified adults; and inserting ‘‘paragraphs (3), (4), and (5)’’. SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and (E) a plan for assuring that program activi- SEARCH FACILITIES, AND GRAD- ties will take place in a secure environment UATE DEGREE RECIPIENTS; COUNT- Nationality Act (8 U.S.C. 1152(e)(3)) is that is free of crime and drugs; ING RULES. amended by striking ‘‘the proportion of the (F) a plan outlining the utilization of con- Section 214(g) of the Immigration and Na- visa numbers’’ and inserting ‘‘except as pro- tent-based programs such as PowerUp, and tionality Act (8 U.S.C. 1184(g)) is amended by vided in subsection (a)(5), the proportion of the provision of trained adult personnel to adding at the end the following new para- the visa numbers’’. supervise the after-school technology train- graphs: (c) ONE-TIME PROTECTION UNDER PER COUN- ing; and ‘‘(5) The numerical limitations contained TRY CEILING.—Notwithstanding section (G) any additional statistical or financial in paragraph (1)(A) shall not apply to any 214(g)(4) of the Immigration and Nationality information that the Boys and Girls Clubs of nonimmigrant alien issued a visa or other- Act (8 U.S.C. 1184(g)(4)), any alien who— America may reasonably require. wise provided status under section (1) is the beneficiary of a petition filed (e) GRANT AWARDS.—In awarding subgrants 101(a)(15)(H)(i)(b)— under section 204(a) of that Act for a pref- under this section, the Boys and Girls Clubs ‘‘(A) who is employed (or has received an erence status under paragraph (1), (2), or (3) of America shall consider— offer of employment) at— of section 203(b) of that Act; and

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9277 (2) would be subject to the per country lim- SEC. 8. RECOVERY OF VISAS USED FRAUDU- preparatory support to expose and prepare itations applicable to immigrants but for LENTLY. students for careers in science, mathematics, this subsection, Section 214(g)(3) of the Immigration and engineering, and technology; and provide for may apply for, and the Attorney General Nationality Act (8 U.S.C. 1184 (g)(3)) is carrying out systemic reform activities may grant, an extension of such non- amended to read as follows: under section 3(a)(1) of this National Science ‘‘(3) Aliens who are subject to the numer- immigrant status until the alien’s applica- Foundation Act of 1950 (42 U.S.C. ical limitations of paragraph (1) shall be tion for adjustment of status has been proc- 1862(a)(1)).’’; issued visas (or otherwise provided non- essed and a decision made thereon. (4) in paragraph (6), by striking ‘‘6 per- immigrant status) in the order in which peti- cent’’ and inserting ‘‘5 percent’’; and SEC. 5. INCREASED PORTABILITY OF H–1B STA- tions are filed for such visas or status. If an TUS. (5) in paragraph (6), by striking ‘‘3 per- alien who was issued a visa or otherwise pro- (a) IN GENERAL.—Section 214 of the Immi- cent’’ each place it appears and inserting vided nonimmigrant status and counted gration and Nationality Act (8 U.S.C. 1184) is ‘‘2.5 percent’’. against the numerical limitations of para- amended by adding at the end the following (b) LOW-INCOME SCHOLARSHIP PROGRAM.— graph (1) is found to have been issued such new subsection: Section 414(d)(3) of the American Competi- ‘‘(m)(1) A nonimmigrant alien described in visa or otherwise provided such status by tiveness and Workforce Improvement Act of paragraph (2) who was previously issued a fraud or willfully misrepresenting a material 1998 (as contained in title IV of division C of visa or otherwise provided nonimmigrant fact and such visa or nonimmigrant status is Public Law 105–277) is amended by striking status under section 101(a)(15)(H)(i)(b) is au- revoked, then one number shall be restored ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per thorized to accept new employment upon the to the total number of aliens who may be year. The Director may renew scholarships filing by the prospective employer of a new issued visas or otherwise provided such sta- for up to 4 years.’’. petition on behalf of such nonimmigrant as tus under the numerical limitations of para- (c) REPORTING REQUIREMENT.—Section 414 provided under subsection (a). Employment graph (1) in the fiscal year in which the peti- of the American Competitiveness and Work- authorization shall continue for such alien tion is revoked, regardless of the fiscal year force Improvement Act of 1998 (as contained until the new petition is adjudicated. If the in which the petition was approved.’’. in title IV of division C of Public Law 105– new petition is denied, such authorization SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- ITAL DIVIDE’’. shall cease. lowing new subsection: ‘‘(2) A nonimmigrant alien described in (a) STUDY.—The National Science Founda- ‘‘(e) REPORTING REQUIREMENT.—The Sec- this paragraph is a nonimmigrant alien— tion shall conduct a study of the divergence retary of Labor and the Director of the Na- ‘‘(A) who has been lawfully admitted into in access to high technology (commonly re- tional Science Foundation shall— the United States; ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of ‘‘(B) on whose behalf an employer has filed United States. programs receiving H–1B Nonimmigrant Fee (b) REPORT.—Not later than 18 months a nonfrivolous petition for new employment grant money; and after the date of enactment of this Act, the before the date of expiration of the period of ‘‘(2) not later than one year after the date Director of the National Science Foundation stay authorized by the Attorney General; of enactment of this subsection, submit a re- shall submit a report to Congress setting and port to the Committees on the Judiciary of forth the findings of the study conducted ‘‘(C) who has not been employed without the House of Representatives and the under subsection (a). authorization before or during the pendency Senate— of such petition for new employment in the SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the TITIONER ACCOUNT PROVISIONS. United States.’’. performance of programs receiving H–1B (a) ALLOCATION OF FUNDS.—Section 286(s) (b) EFFECTIVE DATE.—The amendment grant funding; and of the Immigration and Nationality Act (8 made by subsection (a) shall apply to peti- ‘‘(B) the number of individuals who have U.S.C. 1356(s)) is amended— tions filed before, on, or after the date of en- completed training and have entered the (1) in paragraph (2), by striking ‘‘56.3 per- actment of this Act. high-skill workforce through these pro- cent’’ and inserting ‘‘55 percent’’; grams.’’. SEC. 6. SPECIAL PROVISIONS IN CASES OF (2) in paragraph (3), by striking ‘‘28.2 per- LENGTHY ADJUDICATIONS. SEC. 11. DEMONSTRATION PROGRAMS AND cent’’ and inserting ‘‘23.5 percent’’; (a) EXEMPTION FROM LIMITATION.—The lim- PROJECTS TO PROVIDE TECHNICAL itation contained in section 214(g)(4) of the (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. Immigration and Nationality Act (8 U.S.C. follows: Section 414(c) of the American Competi- 1184(g)(4)) with respect to the duration of au- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of thorized stay shall not apply to any non- PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of immigrant alien previously issued a visa or SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is otherwise provided nonimmigrant status ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: under section 101(a)(15)(H)(i)(b) of that Act amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND on whose behalf a petition under section immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS 204(b) of that Act to accord the alien immi- available to the Director of the National TRAINING FOR WORKERS.— grant status under section 203(b) of that Act, Science Foundation until expended to carry ‘‘(1) IN GENERAL.— or an application for adjustment of status out a direct or matching grant program to ‘‘(A) FUNDING.—The Secretary of Labor under section 245 of that Act to accord the support private-public partnerships in K–12 shall use funds available under section alien status under such section 203(b), has education. 286(s)(2) of the Immigration and Nationality been filed, if 365 days or more have elapsed ‘‘(B) TYPES OF PROGRAMS COVERED.—The Act (8 U.S.C. 1356(s)(2)) to establish dem- since— Director shall award grants to such pro- onstration programs or projects to provide (1) the filing of a labor certification appli- grams, including those which support the de- technical skills training for workers, includ- cation on the alien’s behalf (if such certifi- velopment and implementation of standards- ing both employed and unemployed workers. cation is required for the alien to obtain sta- based instructional materials models and re- ‘‘(B) TRAINING PROVIDED.—Training funded tus under such section 203(b)); or lated student assessments that enable K–12 by a program or project described in sub- (2) the filing of the petition under such sec- students to acquire an understanding of paragraph (A) shall be for persons who are tion 204(b). science, mathematics, and technology, as currently employed and who wish to obtain (b) EXTENSION OF H1–B WORKER STATUS.— well as to develop critical thinking skills; and upgrade skills as well as for persons who The Attorney General shall extend the stay provide systemic improvement in training are unemployed. Such training is not limited of an alien who qualifies for an exemption K–12 teachers and education for students in to skill levels commensurate with a four- under subsection (a) in one-year increments science, mathematics, and technology; sup- year undergraduate degree, but should in- until such time as a final decision is made on port the professional development of K–12 clude the preparation of workers for a broad the alien’s lawful permanent residence. math and science teachers in the used of range of positions along a career ladder. Con- SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS technology in the classroom; stimulate sys- sideration shall be given to the use of grant AND AUTHORITIES THROUGH FIS- tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to CAL YEAR 2002. matics, and technology in rural, economi- expand a training program or project (a) ATTESTATION REQUIREMENTS.—Section cally disadvantaged regions of the United through such means as training more work- 212(n)(1)(E)(ii)) of the Immigration and Na- States; provide externships and other oppor- ers or offering more courses, and training tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is tunities for students to increase their appre- programs or projects resulting from collabo- amended by striking ‘‘October 1, 2001’’ and ciation and understanding of science, mathe- rations, especially with more than one small inserting ‘‘October 1, 2002’’. matics, engineering, and technology (includ- business or with a labor-management train- (b) DEPARTMENT OF LABOR INVESTIGATIVE ing summer institutes sponsored by an insti- ing program or project. All training shall be AUTHORITIES.—Section 413(e)(2) of the Amer- tution of higher education for students in justified with evidence of skill shortages as ican Competitiveness and Workforce Im- grades 7–12 that provide instruction in such demonstrated through reliable regional, provement Act of 1998 (as contained in title fields); involve partnerships of industry, edu- State, or local data. IV of division C of Public Law 105–277) is cational institutions, and community orga- ‘‘(2) GRANTS.— amended by striking ‘‘September 30, 2001’’ nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- and inserting ‘‘September 30, 2002’’. disadvantaged communities; provide college grams and projects described in paragraph

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 S9278 CONGRESSIONAL RECORD — SENATE September 26, 2000 (1)(A), the Secretary of Labor shall, in con- start-up costs of partnerships or new train- (6) Building technology centers and pro- sultation with the Secretary of Commerce, ing programs and projects. viding integrated content and full-time staff- subject to the availability of funds in the H– ‘‘(B) EXCEPTION.—In the case of partner- ing at those centers in the Boys and Girls 1B Nonimmigrant Petitioner Account, ships consisting primarily of small busi- Clubs of America nationwide will help foster award— nesses, not more than 10 percent of any sin- education, job training, and an alternative ‘‘(i) 75 percent of the grants to a local gle grant, or $150,000, whichever is less, may to crime for at-risk youth. workforce investment board established be used toward the start-up costs of partner- (7) Partnerships between the public sector under section 117 of the Workforce Invest- ships or new training programs and projects. and the private sector are an effective way of ment Act of 1998 (29 U.S.C. 2832) or consortia ‘‘(C) DURATION OF START-UP PERIOD.—For providing after-school technology programs of such boards in a region. Each workforce purposes of this subsection, a start-up period in the Boys and Girls Clubs of America. investment board or consortia of boards re- consists of a period of not more than 2 (8) PowerUp: Bridging the Digital Divide is ceiving grant funds shall represent a local or months after the grant period begins, at an entity comprised of more than a dozen regional public-private partnership con- which time training shall immediately begin nonprofit organizations, major corporations, sisting of at least— and no further Federal funds may be used for and Federal agencies that have joined to- ‘‘(I) one workforce investment board; start-up purposes. gether to launch a major new initiative to ‘‘(II) one community-based organization or ‘‘(4) TRAINING OUTCOMES.— help ensure that America’s underserved higher education institution or labor union; ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS young people acquire the skills, experiences, and AND PROJECTS.—Consideration in the award- and resources they need to succeed in the ‘‘(III) one business or business-related non- ing of grants shall be given to applicants digital age. profit organization such as a trade associa- that provide a specific, measurable commit- (9) Bringing PowerUp into the Boys and tion; and ment upon successful completion of a train- Girls Clubs of America will be an effective ‘‘(ii) 25 percent of the grants under the Sec- ing course, to— way to ensure that our youth have a safe, retary of Labor’s authority to award grants ‘‘(i) hire or effectuate the hiring of unem- crime-free environment in which to learn the for demonstration projects or programs ployed trainees (where applicable); under section 171 of the Workforce Invest- ‘‘(ii) increase the wages or salary of incum- technological skills they need to close the ment Act (29 U.S.C. 2916) to partnerships bent workers (where applicable); and divide between young people who have access that shall consist of at least 2 businesses or ‘‘(iii) provide skill certifications to train- to computer-based information and tech- a business-related nonprofit organization ees or link the training to industry-accepted nology-related skills and those who do not. that represents more than one business, and occupational skill standards, certificates, or (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO that may include any educational, labor, licensing requirements. THE BOYS AND GIRLS CLUBS OF AMERICA.— community organization, or workforce in- ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- (1) PURPOSES.—The Attorney General shall vestment board, except that such grant TIONS.—Applications for grants shall— make grants to the Boys and Girls Clubs of funds may be used only to carry out a strat- ‘‘(i) articulate the level of skills that work- America for the purpose of funding effective egy that would otherwise not be eligible for ers will be trained for and the manner by after-school technology programs, such as funds provided under clause (i), due to bar- which attainment of those skills will be PowerUp, in order to provide— riers in meeting those partnership eligibility measured; and (A) constructive technology-focused activi- criteria, on a national, multistate, regional, ‘‘(ii) include an agreement that the pro- ties that are part of a comprehensive pro- or rural area (such as rural telework pro- gram or project shall be subject to evalua- gram to provide access to technology and grams) basis. tion by the Secretary of Labor to measure technology training to youth during after- ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL its effectiveness. school hours, weekends, and school vaca- AGENTS.—Each partnership formed under ‘‘(5) MATCHING FUNDS.—Each application tions; subparagraph (A) shall designate a respon- for a grant to carry out a program or project (B) supervised activities in safe environ- sible fiscal agent to receive and disburse described in paragraph (1)(A) shall state the ments for youth; and grant funds under this subsection. manner by which the partnership will pro- (C) full-time staffing with teachers, tutors, ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- vide non-Federal matching resources (cash, and other qualified personnel. sideration in the awarding of grants shall be or in-kind contributions, or both) equal to at (2) SUBAWARDS.—The Boys and Girls Clubs given to any partnership that involves and least 50 percent of the total grant amount of America shall make subawards to local directly benefits more than one small busi- awarded under paragraph (2)(A)(i), and at boys and girls clubs authorizing expenditures ness (each consisting of 100 employees or least 100 percent of the total grant amount associated with providing technology pro- less). awarded under paragraph (2)(A)(ii). At least grams such as PowerUp, including the hiring ‘‘(D) ALLOCATION OF GRANTS.—In making one-half of the non-Federal matching funds of teachers and other personnel, procure- grants under this paragraph, the Secretary shall be from the business or businesses or ment of goods and services, including com- shall make every effort to fairly distribute business-related nonprofit organizations in- puter equipment, or such other purposes as grants across rural and urban areas, and volved. Consideration in the award of grants are approved by the Attorney General. across the different geographic regions of the shall be given to applicants that provide a United States. The total amount of grants specific commitment or commitments of re- (d) APPLICATIONS.— awarded to carry out programs and projects sources from other public or private sources, (1) ELIGIBILITY.—In order to be eligible to described in paragraph (1)(A) shall be allo- or both, so as to demonstrate the long-term receive a grant under this section, an appli- cated as follows: sustainability of the training program or cant for a subaward (specified in subsection ‘‘(i) At least 80 percent of the grants shall project after the grant expires. (c)(2)) shall submit an application to the be awarded to programs and projects that ‘‘(6) ADMINISTRATIVE COSTS.—An entity Boys and Girls Clubs of America, in such train employed and unemployed workers in that receives a grant to carry out a program form and containing such information as the skills that are in shortage in high tech- or project described in paragraph (1)(A) may Attorney General may reasonably require. nology, information technology, and bio- not use more than 10 percent of the amount (2) APPLICATION REQUIREMENTS.—Each ap- technology, including skills needed for soft- of the grant to pay for administrative costs plication submitted in accordance with para- ware and communications services, tele- associated with the program or project.’’. graph (1) shall include— communications, systems installation and SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- (A) a request for a subgrant to be used for integration, computers and communications PUTER EDUCATION INITIATIVE. the purposes of this section; hardware, advanced manufacturing, health (a) SHORT TITLE.—This section may be (B) a description of the communities to be care technology, biotechnology and bio- cited as the ‘‘Kids 2000 Act’’. served by the grant, including the nature of medical research and manufacturing, and in- (b) FINDINGS.—Congress makes the fol- juvenile crime, violence, and drug use in the novation services. lowing findings: communities; ‘‘(ii) No more than 20 percent of the grants (1) There is an increasing epidemic of juve- (C) written assurances that Federal funds shall be available to programs and projects nile crime throughout the United States. received under this section will be used to that train employed and unemployed work- (2) It is well documented that the majority supplement and not supplant, non-Federal ers for skills related to any H–1B skill short- of juvenile crimes take place during after- funds that would otherwise be available for age. school hours. activities funded under this section; ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- (3) Knowledge of technology is becoming (D) written assurances that all activities graph (D)(ii), the term ‘H–1B skill shortage’ increasingly necessary for children in school funded under this section will be supervised means a shortage of skills necessary for em- and out of school. by qualified adults; ployment in a specialty occupation, as de- (4) The Boys and Girls Clubs of America (E) a plan for assuring that program activi- fined in section 214(i) of the Immigration and have 2,700 clubs throughout all 50 States, ties will take place in a secure environment Nationality Act. serving over 3,000,000 boys and girls pri- that is free of crime and drugs; ‘‘(3) START-UP FUNDS.— marily from at-risk communities. (F) a plan outlining the utilization of con- ‘‘(A) IN GENERAL.—Except as provided in (5) The Boys and Girls Clubs of America tent-based programs such as PowerUp, and subparagraph (B), not more than 5 percent of have the physical structures in place for im- the provision of trained adult personnel to any single grant, or not to exceed $75,000, mediate implementation of an after-school supervise the after-school technology train- whichever is less, may be used toward the technology program. ing; and

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9279 (G) any additional statistical or financial ‘‘(5) The numerical limitations contained 214(g)(4) of the Immigration and Nationality information that the Boys and Girls Clubs of in paragraph (1)(A) shall not apply to any Act (8 U.S.C. 1184(g)(4)), any alien who— America may reasonably require. nonimmigrant alien issued a visa or other- (1) is the beneficiary of a petition filed (e) GRANT AWARDS.—In awarding subgrants wise provided status under section under section 204(a) of that Act for a pref- under this section, the Boys and Girls Clubs 101(a)(15)(H)(i)(b)— erence status under paragraph (1), (2), or (3) of America shall consider— ‘‘(A) who is employed (or has received an of section 203(b) of that Act; and (1) the ability of the applicant to provide offer of employment) at— (2) would be subject to the per country lim- the intended services; ‘‘(i) an institution of higher education (as itations applicable to immigrants but for (2) the history and establishment of the ap- defined in section 101(a) of the Higher Edu- this subsection, plicant in providing youth activities; and cation Act of 1965 (20 U.S.C. 1001(a))), or a re- may apply for, and the Attorney General (3) the extent to which services will be pro- lated or affiliated nonprofit entity; or may grant, an extension of such non- vided in crime-prone areas and techno- ‘‘(ii) a nonprofit research organization or a immigrant status until the alien’s applica- logically underserved populations, and ef- governmental research organization; or tion for adjustment of status has been proc- forts to achieve an equitable geographic dis- ‘‘(B) for whom a petition is filed not more essed and a decision made thereon. tribution of the grant awards. than 90 days before or not more than 180 days SEC. 5. INCREASED PORTABILITY OF H–1B STA- (f) AUTHORIZATION OF APPROPRIATIONS.— after the nonimmigrant has attained a mas- TUS. (1) IN GENERAL.—There is authorized to be ter’s degree or higher degree from an institu- (a) IN GENERAL.—Section 214 of the Immi- appropriated $20,000,000 for each of the fiscal tion of higher education (as defined in sec- gration and Nationality Act (8 U.S.C. 1184) is years 2001 through 2006 to carry out this sec- tion 101(a) of the Higher Education Act of amended by adding at the end the following tion. 1965 (20 U.S.C. 1001(a))). new subsection: (2) SOURCE OF FUNDS.—Funds to carry out ‘‘(6) Any alien who ceases to be employed ‘‘(m)(1) A nonimmigrant alien described in this section may be derived from the Violent by an employer described in paragraph (5)(A) paragraph (2) who was previously issued a Crime Reduction Trust Fund. shall, if employed as a nonimmigrant alien visa or otherwise provided nonimmigrant (3) CONTINUED AVAILABILITY.—Amounts described in section 101(a)(15)(H)(i)(b), who status under section 101(a)(15)(H)(i)(b) is au- made available under this subsection shall has not previously been counted toward the thorized to accept new employment upon the remain available until expended. numerical limitations contained in para- filing by the prospective employer of a new SEC. 13. SEVERABILITY. graph (1)(A), be counted toward those limita- petition on behalf of such nonimmigrant as If any provision of this Act (or any amend- tions the first time the alien is employed by provided under subsection (a). Employment ment made by this Act) or the application an employer other than one described in authorization shall continue for such alien thereof to any person or circumstance is held paragraph (5)(A). until the new petition is adjudicated. If the ‘‘(7) Any alien who has already been count- invalid, the remainder of the Act (and the new petition is denied, such authorization ed, within the 6 years prior to the approval amendments made by this Act) and the ap- shall cease. of a petition described in subsection (c), to- plication of such provision to any other per- ‘‘(2) A nonimmigrant alien described in ward the numerical limitations of paragraph son or circumstance shall not be affected this paragraph is a nonimmigrant alien— (1)(A) shall not again be counted toward thereby. This section shall be enacted 9 days ‘‘(A) who has been lawfully admitted into those limitations unless the alien would be after effective date. the United States; eligible for a full 6 years of authorized ad- ‘‘(B) on whose behalf an employer has filed mission at the time the petition is filed. AMENDMENT NO. 4200 a nonfrivolous petition for new employment Where multiple petitions are approved for 1 before the date of expiration of the period of Strike all after the first word and insert alien, that alien shall be counted only stay authorized by the Attorney General; the following: once.’’. SECTION 1. SHORT TITLE. and SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without This Act may be cited as the ‘‘American WITH RESPECT TO EMPLOYMENT- Competitiveness in the Twenty-first Century BASED IMMIGRANTS. authorization before or during the pendency Act of 2000’’. (a) SPECIAL RULES.—Section 202(a) of the of such petition for new employment in the United States.’’. SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- Immigration and Nationality Act (8 U.S.C. MENTS. 1152(a)) is amended by adding at the end the (b) EFFECTIVE DATE.—The amendment (a) FISCAL YEARS 2000–2002.—Section following new paragraph: made by subsection (a) shall apply to peti- 214(g)(1)(A) of the Immigration and Nation- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- tions filed before, on, or after the date of en- ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— GRANTS.— actment of this Act. (1) by redesignating clause (v) as clause ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT SEC. 6. SPECIAL PROVISIONS IN CASES OF (vi); and SUBJECT TO PER COUNTRY LIMITATION IF ADDI- LENGTHY ADJUDICATIONS. (2) by striking clauses (iii) and (iv) and in- TIONAL VISAS AVAILABLE.—If the total num- (a) EXEMPTION FROM LIMITATION.—The lim- serting the following: ber of visas available under paragraph (1), itation contained in section 214(g)(4) of the ‘‘(iii) 195,000 in fiscal year 2000; and (2), (3), (4), or (5) of section 203(b) for a cal- Immigration and Nationality Act (8 U.S.C. ‘‘(iv) 195,000 in fiscal year 2001; endar quarter exceeds the number of quali- 1184(g)(4)) with respect to the duration of au- ‘‘(v) 195,000 in fiscal year 2002; and’’. fied immigrants who may otherwise be thorized stay shall not apply to any non- (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available immigrant alien previously issued a visa or 1999.— under that paragraph shall be issued without otherwise provided nonimmigrant status (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under under section 101(a)(15)(H)(i)(b) of that Act 214(g)(1)(A)(ii) of the Immigration and Na- paragraph (2) of this subsection during the on whose behalf a petition under section tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. 204(b) of that Act to accord the alien immi- total number of aliens who may be issued ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN grant status under section 203(b) of that Act, visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the or an application for adjustment of status status under section 101(a)(15)(H)(i)(b) of case of a foreign state or dependent area to under section 245 of that Act to accord the such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total alien status under such section 203(b), has number equal to the number of aliens who number of visas issued under section 203(b) been filed, if 365 days or more have elapsed are issued such a visa or provided such status exceeds the maximum number of visas that since— during the period beginning on the date on may be made available to immigrants of the (1) the filing of a labor certification appli- which the limitation in such section state or area under section 203(b) consistent cation on the alien’s behalf (if such certifi- 214(g)(1)(A)(ii) is reached and ending on Sep- with subsection (e) (determined without re- cation is required for the alien to obtain sta- tember 30, 1999. gard to this paragraph), in applying sub- tus under such section 203(b)); or (2) EFFECTIVE DATE.—Paragraph (1) shall section (e) all visas shall be deemed to have (2) the filing of the petition under such sec- take effect as if included in the enactment of been required for the classes of aliens speci- tion 204(b). section 411 of the American Competitiveness fied in section 203(b).’’. (b) EXTENSION OF H1–B WORKER STATUS.— and Workforce Improvement Act of 1998 (as (b) CONFORMING AMENDMENTS.— The Attorney General shall extend the stay contained in title IV of division C of the Om- (1) Section 202(a)(2) of the Immigration and of an alien who qualifies for an exemption nibus Consolidated and Emergency Supple- Nationality Act (8 U.S.C. 1152(a)(2)) is under subsection (a) in one-year increments mental Appropriations Act, 1999; Public Law amended by striking ‘‘paragraphs (3) and (4)’’ until such time as a final decision is made on 105–277). and inserting ‘‘paragraphs (3), (4), and (5)’’. the alien’s lawful permanent residence. SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS SEARCH FACILITIES, AND GRAD- Nationality Act (8 U.S.C. 1152(e)(3)) is AND AUTHORITIES THROUGH FIS- UATE DEGREE RECIPIENTS; COUNT- amended by striking ‘‘the proportion of the CAL YEAR 2002. ING RULES. visa numbers’’ and inserting ‘‘except as pro- (a) ATTESTATION REQUIREMENTS.—Section Section 214(g) of the Immigration and Na- vided in subsection (a)(5), the proportion of 212(n)(1)(E)(ii)) of the Immigration and Na- tionality Act (8 U.S.C. 1184(g)) is amended by the visa numbers’’. tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is adding at the end the following new para- (c) ONE-TIME PROTECTION UNDER PER COUN- amended by striking ‘‘October 1, 2001’’ and graphs: TRY CEILING.—Notwithstanding section inserting ‘‘October 1, 2002’’.

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 S9280 CONGRESSIONAL RECORD — SENATE September 26, 2000

(b) DEPARTMENT OF LABOR INVESTIGATIVE matics, engineering, and technology (includ- business or with a labor-management train- AUTHORITIES.—Section 413(e)(2) of the Amer- ing summer institutes sponsored by an insti- ing program or project. All training shall be ican Competitiveness and Workforce Im- tution of higher education for students in justified with evidence of skill shortages as provement Act of 1998 (as contained in title grades 7–12 that provide instruction in such demonstrated through reliable regional, IV of division C of Public Law 105–277) is fields); involve partnerships of industry, edu- State, or local data. amended by striking ‘‘September 30, 2001’’ cational institutions, and community orga- ‘‘(2) GRANTS.— and inserting ‘‘September 30, 2002’’. nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- SEC. 8. RECOVERY OF VISAS USED FRAUDU- disadvantaged communities; provide college grams and projects described in paragraph LENTLY. preparatory support to expose and prepare (1)(A), the Secretary of Labor shall, in con- Section 214(g)(3) of the Immigration and students for careers in science, mathematics, sultation with the Secretary of Commerce, Nationality Act (8 U.S.C. 1184 (g)(3)) is engineering, and technology; and provide for subject to the availability of funds in the H– amended to read as follows: carrying out systemic reform activities 1B Nonimmigrant Petitioner Account, ‘‘(3) Aliens who are subject to the numer- under section 3(a)(1) of this National Science award— ical limitations of paragraph (1) shall be Foundation Act of 1950 (42 U.S.C. ‘‘(i) 75 percent of the grants to a local issued visas (or otherwise provided non- 1862(a)(1)).’’; workforce investment board established immigrant status) in the order in which peti- (4) in paragraph (6), by striking ‘‘6 per- under section 117 of the Workforce Invest- tions are filed for such visas or status. If an cent’’ and inserting ‘‘5 percent’’; and ment Act of 1998 (29 U.S.C. 2832) or consortia alien who was issued a visa or otherwise pro- (5) in paragraph (6), by striking ‘‘3 per- of such boards in a region. Each workforce vided nonimmigrant status and counted cent’’ each place it appears and inserting investment board or consortia of boards re- against the numerical limitations of para- ‘‘2.5 percent’’. ceiving grant funds shall represent a local or graph (1) is found to have been issued such (b) LOW-INCOME SCHOLARSHIP PROGRAM.— regional public-private partnership con- visa or otherwise provided such status by Section 414(d)(3) of the American Competi- sisting of at least— fraud or willfully misrepresenting a material tiveness and Workforce Improvement Act of ‘‘(I) one workforce investment board; fact and such visa or nonimmigrant status is 1998 (as contained in title IV of division C of ‘‘(II) one community-based organization or revoked, then one number shall be restored Public Law 105–277) is amended by striking higher education institution or labor union; to the total number of aliens who may be ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per and issued visas or otherwise provided such sta- year. The Director may renew scholarships ‘‘(III) one business or business-related non- tus under the numerical limitations of para- for up to 4 years.’’. profit organization such as a trade associa- (c) REPORTING REQUIREMENT.—Section 414 graph (1) in the fiscal year in which the peti- tion; and of the American Competitiveness and Work- tion is revoked, regardless of the fiscal year ‘‘(ii) 25 percent of the grants under the Sec- in which the petition was approved.’’. force Improvement Act of 1998 (as contained in title IV of division C of Public Law 105– retary of Labor’s authority to award grants SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- for demonstration projects or programs ITAL DIVIDE’’. lowing new subsection: under section 171 of the Workforce Invest- (a) STUDY.—The National Science Founda- ‘‘(e) REPORTING REQUIREMENT.—The Sec- ment Act (29 U.S.C. 2916) to partnerships tion shall conduct a study of the divergence retary of Labor and the Director of the Na- that shall consist of at least 2 businesses or in access to high technology (commonly re- tional Science Foundation shall— a business-related nonprofit organization ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of that represents more than one business, and United States. programs receiving H–1B Nonimmigrant Fee that may include any educational, labor, (b) REPORT.—Not later than 18 months grant money; and community organization, or workforce in- after the date of enactment of this Act, the ‘‘(2) not later than one year after the date vestment board, except that such grant Director of the National Science Foundation of enactment of this subsection, submit a re- funds may be used only to carry out a strat- shall submit a report to Congress setting port to the Committees on the Judiciary of egy that would otherwise not be eligible for forth the findings of the study conducted the House of Representatives and the funds provided under clause (i), due to bar- under subsection (a). Senate— riers in meeting those partnership eligibility SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the criteria, on a national, multistate, regional, TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B or rural area (such as rural telework pro- (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and grams) basis. of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL U.S.C. 1356(s)) is amended— completed training and have entered the AGENTS.—Each partnership formed under (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- subparagraph (A) shall designate a respon- cent’’ and inserting ‘‘55 percent’’; grams.’’. sible fiscal agent to receive and disburse (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND grant funds under this subsection. cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. sideration in the awarding of grants shall be follows: Section 414(c) of the American Competi- given to any partnership that involves and ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of directly benefits more than one small busi- PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of ness (each consisting of 100 employees or SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is less). ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: ‘‘(D) ALLOCATION OF GRANTS.—In making amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND grants under this paragraph, the Secretary immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS shall make every effort to fairly distribute available to the Director of the National TRAINING FOR WORKERS.— grants across rural and urban areas, and Science Foundation until expended to carry ‘‘(1) IN GENERAL.— across the different geographic regions of the out a direct or matching grant program to ‘‘(A) FUNDING.—The Secretary of Labor United States. The total amount of grants support private-public partnerships in K–12 shall use funds available under section awarded to carry out programs and projects education. 286(s)(2) of the Immigration and Nationality described in paragraph (1)(A) shall be allo- ‘‘(B) TYPES OF PROGRAMS COVERED.—The Act (8 U.S.C. 1356(s)(2)) to establish dem- cated as follows: Director shall award grants to such pro- onstration programs or projects to provide ‘‘(i) At least 80 percent of the grants shall grams, including those which support the de- technical skills training for workers, includ- be awarded to programs and projects that velopment and implementation of standards- ing both employed and unemployed workers. train employed and unemployed workers in based instructional materials models and re- ‘‘(B) TRAINING PROVIDED.—Training funded skills that are in shortage in high tech- lated student assessments that enable K–12 by a program or project described in sub- nology, information technology, and bio- students to acquire an understanding of paragraph (A) shall be for persons who are technology, including skills needed for soft- science, mathematics, and technology, as currently employed and who wish to obtain ware and communications services, tele- well as to develop critical thinking skills; and upgrade skills as well as for persons who communications, systems installation and provide systemic improvement in training are unemployed. Such training is not limited integration, computers and communications K–12 teachers and education for students in to skill levels commensurate with a four- hardware, advanced manufacturing, health science, mathematics, and technology; sup- year undergraduate degree, but should in- care technology, biotechnology and bio- port the professional development of K–12 clude the preparation of workers for a broad medical research and manufacturing, and in- math and science teachers in the used of range of positions along a career ladder. Con- novation services. technology in the classroom; stimulate sys- sideration shall be given to the use of grant ‘‘(ii) No more than 20 percent of the grants tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to shall be available to programs and projects matics, and technology in rural, economi- expand a training program or project that train employed and unemployed work- cally disadvantaged regions of the United through such means as training more work- ers for skills related to any H–1B skill short- States; provide externships and other oppor- ers or offering more courses, and training age. tunities for students to increase their appre- programs or projects resulting from collabo- ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- ciation and understanding of science, mathe- rations, especially with more than one small graph (D)(ii), the term ‘H–1B skill shortage’

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9281 means a shortage of skills necessary for em- (3) Knowledge of technology is becoming (D) written assurances that all activities ployment in a specialty occupation, as de- increasingly necessary for children in school funded under this section will be supervised fined in section 214(i) of the Immigration and and out of school. by qualified adults; Nationality Act. (4) The Boys and Girls Clubs of America (E) a plan for assuring that program activi- ‘‘(3) START-UP FUNDS.— have 2,700 clubs throughout all 50 States, ties will take place in a secure environment ‘‘(A) IN GENERAL.—Except as provided in serving over 3,000,000 boys and girls pri- that is free of crime and drugs; subparagraph (B), not more than 5 percent of marily from at-risk communities. (F) a plan outlining the utilization of con- any single grant, or not to exceed $75,000, (5) The Boys and Girls Clubs of America tent-based programs such as PowerUp, and whichever is less, may be used toward the have the physical structures in place for im- the provision of trained adult personnel to start-up costs of partnerships or new train- mediate implementation of an after-school supervise the after-school technology train- ing programs and projects. technology program. ing; and ‘‘(B) EXCEPTION.—In the case of partner- (6) Building technology centers and pro- (G) any additional statistical or financial ships consisting primarily of small busi- viding integrated content and full-time staff- information that the Boys and Girls Clubs of nesses, not more than 10 percent of any sin- ing at those centers in the Boys and Girls America may reasonably require. gle grant, or $150,000, whichever is less, may Clubs of America nationwide will help foster (e) GRANT AWARDS.—In awarding subgrants be used toward the start-up costs of partner- education, job training, and an alternative under this section, the Boys and Girls Clubs ships or new training programs and projects. to crime for at-risk youth. of America shall consider— ‘‘(C) DURATION OF START-UP PERIOD.—For (7) Partnerships between the public sector (1) the ability of the applicant to provide purposes of this subsection, a start-up period and the private sector are an effective way of the intended services; consists of a period of not more than 2 providing after-school technology programs (2) the history and establishment of the ap- months after the grant period begins, at in the Boys and Girls Clubs of America. plicant in providing youth activities; and which time training shall immediately begin (8) PowerUp: Bridging the Digital Divide is (3) the extent to which services will be pro- and no further Federal funds may be used for an entity comprised of more than a dozen vided in crime-prone areas and techno- start-up purposes. nonprofit organizations, major corporations, logically underserved populations, and ef- ‘‘(4) TRAINING OUTCOMES.— and Federal agencies that have joined to- forts to achieve an equitable geographic dis- ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS gether to launch a major new initiative to tribution of the grant awards. AND PROJECTS.—Consideration in the award- help ensure that America’s underserved (f) AUTHORIZATION OF APPROPRIATIONS.— ing of grants shall be given to applicants young people acquire the skills, experiences, (1) IN GENERAL.—There is authorized to be that provide a specific, measurable commit- and resources they need to succeed in the appropriated $20,000,000 for each of the fiscal ment upon successful completion of a train- digital age. years 2001 through 2006 to carry out this sec- ing course, to— (9) Bringing PowerUp into the Boys and tion. ‘‘(i) hire or effectuate the hiring of unem- Girls Clubs of America will be an effective (2) SOURCE OF FUNDS.—Funds to carry out ployed trainees (where applicable); way to ensure that our youth have a safe, this section may be derived from the Violent ‘‘(ii) increase the wages or salary of incum- crime-free environment in which to learn the Crime Reduction Trust Fund. bent workers (where applicable); and technological skills they need to close the (3) CONTINUED AVAILABILITY.—Amounts ‘‘(iii) provide skill certifications to train- divide between young people who have access made available under this subsection shall ees or link the training to industry-accepted to computer-based information and tech- remain available until expended. occupational skill standards, certificates, or nology-related skills and those who do not. SEC. 13. SEVERABILITY. licensing requirements. If any provision of this Act (or any amend- (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- ment made by this Act) or the application THE BOYS AND GIRLS CLUBS OF AMERICA.— TIONS.—Applications for grants shall— thereof to any person or circumstance is held (1) PURPOSES.—The Attorney General shall ‘‘(i) articulate the level of skills that work- invalid, the remainder of the Act (and the make grants to the Boys and Girls Clubs of ers will be trained for and the manner by amendments made by this Act) and the ap- America for the purpose of funding effective which attainment of those skills will be plication of such provision to any other per- after-school technology programs, such as measured; and son or circumstance shall not be affected PowerUp, in order to provide— ‘‘(ii) include an agreement that the pro- thereby. This section shall be enacted 8 days (A) constructive technology-focused activi- gram or project shall be subject to evalua- after effective date. tion by the Secretary of Labor to measure ties that are part of a comprehensive pro- its effectiveness. gram to provide access to technology and AMENDMENT NO. 4201 ‘‘(5) MATCHING FUNDS.—Each application technology training to youth during after- for a grant to carry out a program or project school hours, weekends, and school vaca- In lieu of the matter proposed, insert the described in paragraph (1)(A) shall state the tions; following: manner by which the partnership will pro- (B) supervised activities in safe environ- SECTION 1. SHORT TITLE. vide non-Federal matching resources (cash, ments for youth; and This Act may be cited as the ‘‘American or in-kind contributions, or both) equal to at (C) full-time staffing with teachers, tutors, Competitiveness in the Twenty-first Century least 50 percent of the total grant amount and other qualified personnel. Act of 2000’’. UBAWARDS awarded under paragraph (2)(A)(i), and at (2) S .—The Boys and Girls Clubs SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- least 100 percent of the total grant amount of America shall make subawards to local MENTS. boys and girls clubs authorizing expenditures awarded under paragraph (2)(A)(ii). At least (a) FISCAL YEARS 2000–2002.—Section one-half of the non-Federal matching funds associated with providing technology pro- 214(g)(1)(A) of the Immigration and Nation- shall be from the business or businesses or grams such as PowerUp, including the hiring ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— business-related nonprofit organizations in- of teachers and other personnel, procure- (1) by redesignating clause (v) as clause volved. Consideration in the award of grants ment of goods and services, including com- (vi); and shall be given to applicants that provide a puter equipment, or such other purposes as (2) by striking clauses (iii) and (iv) and in- specific commitment or commitments of re- are approved by the Attorney General. serting the following: sources from other public or private sources, (d) APPLICATIONS.— ‘‘(iii) 195,000 in fiscal year 2000; and or both, so as to demonstrate the long-term (1) ELIGIBILITY.—In order to be eligible to ‘‘(iv) 195,000 in fiscal year 2001; sustainability of the training program or receive a grant under this section, an appli- ‘‘(v) 195,000 in fiscal year 2002; and’’. project after the grant expires. cant for a subaward (specified in subsection (b) ADDITIONAL VISAS FOR FISCAL YEAR ‘‘(6) ADMINISTRATIVE COSTS.—An entity (c)(2)) shall submit an application to the 1999.— that receives a grant to carry out a program Boys and Girls Clubs of America, in such (1) IN GENERAL.—Notwithstanding section or project described in paragraph (1)(A) may form and containing such information as the 214(g)(1)(A)(ii) of the Immigration and Na- not use more than 10 percent of the amount Attorney General may reasonably require. tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the of the grant to pay for administrative costs (2) APPLICATION REQUIREMENTS.—Each ap- total number of aliens who may be issued associated with the program or project.’’. plication submitted in accordance with para- visas or otherwise provided nonimmigrant SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- graph (1) shall include— status under section 101(a)(15)(H)(i)(b) of PUTER EDUCATION INITIATIVE. (A) a request for a subgrant to be used for such Act in fiscal year 1999 is increased by a the purposes of this section; number equal to the number of aliens who (a) SHORT TITLE.—This section may be (B) a description of the communities to be are issued such a visa or provided such status cited as the ‘‘Kids 2000 Act’’. served by the grant, including the nature of during the period beginning on the date on (b) FINDINGS.—Congress makes the fol- juvenile crime, violence, and drug use in the which the limitation in such section lowing findings: communities; 214(g)(1)(A)(ii) is reached and ending on Sep- (1) There is an increasing epidemic of juve- (C) written assurances that Federal funds tember 30, 1999. nile crime throughout the United States. received under this section will be used to (2) EFFECTIVE DATE.—Paragraph (1) shall (2) It is well documented that the majority supplement and not supplant, non-Federal take effect as if included in the enactment of of juvenile crimes take place during after- funds that would otherwise be available for section 411 of the American Competitiveness school hours. activities funded under this section; and Workforce Improvement Act of 1998 (as

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 S9282 CONGRESSIONAL RECORD — SENATE September 26, 2000 contained in title IV of division C of the Om- (1) Section 202(a)(2) of the Immigration and of an alien who qualifies for an exemption nibus Consolidated and Emergency Supple- Nationality Act (8 U.S.C. 1152(a)(2)) is under subsection (a) in one-year increments mental Appropriations Act, 1999; Public Law amended by striking ‘‘paragraphs (3) and (4)’’ until such time as a final decision is made on 105–277). and inserting ‘‘paragraphs (3), (4), and (5)’’. the alien’s lawful permanent residence. SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS SEARCH FACILITIES, AND GRAD- Nationality Act (8 U.S.C. 1152(e)(3)) is AND AUTHORITIES THROUGH FIS- UATE DEGREE RECIPIENTS; COUNT- amended by striking ‘‘the proportion of the CAL YEAR 2002. ING RULES. visa numbers’’ and inserting ‘‘except as pro- (a) ATTESTATION REQUIREMENTS.—Section Section 214(g) of the Immigration and Na- vided in subsection (a)(5), the proportion of 212(n)(1)(E)(ii)) of the Immigration and Na- tionality Act (8 U.S.C. 1184(g)) is amended by the visa numbers’’. tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is adding at the end the following new para- (c) ONE-TIME PROTECTION UNDER PER COUN- amended by striking ‘‘October 1, 2001’’ and graphs: TRY CEILING.—Notwithstanding section inserting ‘‘October 1, 2002’’. ‘‘(5) The numerical limitations contained 214(g)(4) of the Immigration and Nationality (b) DEPARTMENT OF LABOR INVESTIGATIVE in paragraph (1)(A) shall not apply to any Act (8 U.S.C. 1184(g)(4)), any alien who— AUTHORITIES.—Section 413(e)(2) of the Amer- nonimmigrant alien issued a visa or other- (1) is the beneficiary of a petition filed ican Competitiveness and Workforce Im- wise provided status under section under section 204(a) of that Act for a pref- provement Act of 1998 (as contained in title 101(a)(15)(H)(i)(b)— erence status under paragraph (1), (2), or (3) IV of division C of Public Law 105–277) is ‘‘(A) who is employed (or has received an of section 203(b) of that Act; and amended by striking ‘‘September 30, 2001’’ offer of employment) at— (2) would be subject to the per country lim- and inserting ‘‘September 30, 2002’’. ‘‘(i) an institution of higher education (as itations applicable to immigrants but for SEC. 8. RECOVERY OF VISAS USED FRAUDU- defined in section 101(a) of the Higher Edu- this subsection, LENTLY. cation Act of 1965 (20 U.S.C. 1001(a))), or a re- may apply for, and the Attorney General Section 214(g)(3) of the Immigration and lated or affiliated nonprofit entity; or may grant, an extension of such non- Nationality Act (8 U.S.C. 1184 (g)(3)) is ‘‘(ii) a nonprofit research organization or a immigrant status until the alien’s applica- amended to read as follows: governmental research organization; or tion for adjustment of status has been proc- ‘‘(3) Aliens who are subject to the numer- ‘‘(B) for whom a petition is filed not more essed and a decision made thereon. ical limitations of paragraph (1) shall be than 90 days before or not more than 180 days issued visas (or otherwise provided non- after the nonimmigrant has attained a mas- SEC. 5. INCREASED PORTABILITY OF H–1B STA- TUS. immigrant status) in the order in which peti- ter’s degree or higher degree from an institu- (a) IN GENERAL.—Section 214 of the Immi- tions are filed for such visas or status. If an tion of higher education (as defined in sec- gration and Nationality Act (8 U.S.C. 1184) is alien who was issued a visa or otherwise pro- tion 101(a) of the Higher Education Act of amended by adding at the end the following vided nonimmigrant status and counted 1965 (20 U.S.C. 1001(a))). against the numerical limitations of para- ‘‘(6) Any alien who ceases to be employed new subsection: graph (1) is found to have been issued such by an employer described in paragraph (5)(A) ‘‘(m)(1) A nonimmigrant alien described in visa or otherwise provided such status by shall, if employed as a nonimmigrant alien paragraph (2) who was previously issued a fraud or willfully misrepresenting a material described in section 101(a)(15)(H)(i)(b), who visa or otherwise provided nonimmigrant fact and such visa or nonimmigrant status is has not previously been counted toward the status under section 101(a)(15)(H)(i)(b) is au- revoked, then one number shall be restored numerical limitations contained in para- thorized to accept new employment upon the to the total number of aliens who may be graph (1)(A), be counted toward those limita- filing by the prospective employer of a new issued visas or otherwise provided such sta- tions the first time the alien is employed by petition on behalf of such nonimmigrant as tus under the numerical limitations of para- an employer other than one described in provided under subsection (a). Employment graph (1) in the fiscal year in which the peti- paragraph (5)(A). authorization shall continue for such alien ‘‘(7) Any alien who has already been count- until the new petition is adjudicated. If the tion is revoked, regardless of the fiscal year ed, within the 6 years prior to the approval new petition is denied, such authorization in which the petition was approved.’’. of a petition described in subsection (c), to- shall cease. SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- ward the numerical limitations of paragraph ‘‘(2) A nonimmigrant alien described in ITAL DIVIDE’’. (1)(A) shall not again be counted toward this paragraph is a nonimmigrant alien— (a) STUDY.—The National Science Founda- those limitations unless the alien would be ‘‘(A) who has been lawfully admitted into tion shall conduct a study of the divergence eligible for a full 6 years of authorized ad- the United States; in access to high technology (commonly re- mission at the time the petition is filed. ‘‘(B) on whose behalf an employer has filed ferred to as the ‘‘digital divide’’) in the Where multiple petitions are approved for 1 a nonfrivolous petition for new employment United States. alien, that alien shall be counted only before the date of expiration of the period of (b) REPORT.—Not later than 18 months once.’’. stay authorized by the Attorney General; after the date of enactment of this Act, the and Director of the National Science Foundation SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT- ‘‘(C) who has not been employed without shall submit a report to Congress setting BASED IMMIGRANTS. authorization before or during the pendency forth the findings of the study conducted (a) SPECIAL RULES.—Section 202(a) of the of such petition for new employment in the under subsection (a). Immigration and Nationality Act (8 U.S.C. United States.’’. SEC. 10. MODIFICATION OF NONIMMIGRANT PE- 1152(a)) is amended by adding at the end the (b) EFFECTIVE DATE.—The amendment TITIONER ACCOUNT PROVISIONS. following new paragraph: made by subsection (a) shall apply to peti- (a) ALLOCATION OF FUNDS.—Section 286(s) ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- tions filed before, on, or after the date of en- of the Immigration and Nationality Act (8 GRANTS.— actment of this Act. U.S.C. 1356(s)) is amended— ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT SEC. 6. SPECIAL PROVISIONS IN CASES OF (1) in paragraph (2), by striking ‘‘56.3 per- SUBJECT TO PER COUNTRY LIMITATION IF ADDI- LENGTHY ADJUDICATIONS. cent’’ and inserting ‘‘55 percent’’; TIONAL VISAS AVAILABLE.—If the total num- (a) EXEMPTION FROM LIMITATION.—The lim- (2) in paragraph (3), by striking ‘‘28.2 per- ber of visas available under paragraph (1), itation contained in section 214(g)(4) of the cent’’ and inserting ‘‘23.5 percent’’; (2), (3), (4), or (5) of section 203(b) for a cal- Immigration and Nationality Act (8 U.S.C. (3) by amending paragraph (4) to read as endar quarter exceeds the number of quali- 1184(g)(4)) with respect to the duration of au- follows: fied immigrants who may otherwise be thorized stay shall not apply to any non- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- issued such visas, the visas made available immigrant alien previously issued a visa or PETITIVE GRANT PROGRAM FOR K–12 MATH, under that paragraph shall be issued without otherwise provided nonimmigrant status SCIENCE AND TECHNOLOGY EDUCATION.— regard to the numerical limitation under under section 101(a)(15)(H)(i)(b) of that Act ‘‘(A) IN GENERAL.—15 percent of the paragraph (2) of this subsection during the on whose behalf a petition under section amounts deposited into the H–1B Non- remainder of the calendar quarter. 204(b) of that Act to accord the alien immi- immigrant Petitioner Account shall remain ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN grant status under section 203(b) of that Act, available to the Director of the National COUNTRIES SUBJECT TO SUBSECTION (E).—In the or an application for adjustment of status Science Foundation until expended to carry case of a foreign state or dependent area to under section 245 of that Act to accord the out a direct or matching grant program to which subsection (e) applies, if the total alien status under such section 203(b), has support private-public partnerships in K–12 number of visas issued under section 203(b) been filed, if 365 days or more have elapsed education. exceeds the maximum number of visas that since— ‘‘(B) TYPES OF PROGRAMS COVERED.—The may be made available to immigrants of the (1) the filing of a labor certification appli- Director shall award grants to such pro- state or area under section 203(b) consistent cation on the alien’s behalf (if such certifi- grams, including those which support the de- with subsection (e) (determined without re- cation is required for the alien to obtain sta- velopment and implementation of standards- gard to this paragraph), in applying sub- tus under such section 203(b)); or based instructional materials models and re- section (e) all visas shall be deemed to have (2) the filing of the petition under such sec- lated student assessments that enable K–12 been required for the classes of aliens speci- tion 204(b). students to acquire an understanding of fied in section 203(b).’’. (b) EXTENSION OF H1–B WORKER STATUS.— science, mathematics, and technology, as (b) CONFORMING AMENDMENTS.— The Attorney General shall extend the stay well as to develop critical thinking skills;

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9283 provide systemic improvement in training are unemployed. Such training is not limited hardware, advanced manufacturing, health K–12 teachers and education for students in to skill levels commensurate with a four- care technology, biotechnology and bio- science, mathematics, and technology; sup- year undergraduate degree, but should in- medical research and manufacturing, and in- port the professional development of K–12 clude the preparation of workers for a broad novation services. math and science teachers in the used of range of positions along a career ladder. Con- ‘‘(ii) No more than 20 percent of the grants technology in the classroom; stimulate sys- sideration shall be given to the use of grant shall be available to programs and projects tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to that train employed and unemployed work- matics, and technology in rural, economi- expand a training program or project ers for skills related to any H–1B skill short- cally disadvantaged regions of the United through such means as training more work- age. States; provide externships and other oppor- ers or offering more courses, and training ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- tunities for students to increase their appre- programs or projects resulting from collabo- graph (D)(ii), the term ‘H–1B skill shortage’ ciation and understanding of science, mathe- rations, especially with more than one small means a shortage of skills necessary for em- business or with a labor-management train- matics, engineering, and technology (includ- ployment in a specialty occupation, as de- ing program or project. All training shall be ing summer institutes sponsored by an insti- fined in section 214(i) of the Immigration and justified with evidence of skill shortages as tution of higher education for students in Nationality Act. grades 7–12 that provide instruction in such demonstrated through reliable regional, ‘‘(3) START-UP FUNDS.— fields); involve partnerships of industry, edu- State, or local data. ‘‘(A) IN GENERAL.—Except as provided in ‘‘(2) GRANTS.— cational institutions, and community orga- subparagraph (B), not more than 5 percent of nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- grams and projects described in paragraph any single grant, or not to exceed $75,000, disadvantaged communities; provide college whichever is less, may be used toward the preparatory support to expose and prepare (1)(A), the Secretary of Labor shall, in con- start-up costs of partnerships or new train- students for careers in science, mathematics, sultation with the Secretary of Commerce, ing programs and projects. engineering, and technology; and provide for subject to the availability of funds in the H– ‘‘(B) EXCEPTION.—In the case of partner- carrying out systemic reform activities 1B Nonimmigrant Petitioner Account, ships consisting primarily of small busi- under section 3(a)(1) of this National Science award— nesses, not more than 10 percent of any sin- Foundation Act of 1950 (42 U.S.C. ‘‘(i) 75 percent of the grants to a local gle grant, or $150,000, whichever is less, may 1862(a)(1)).’’; workforce investment board established be used toward the start-up costs of partner- (4) in paragraph (6), by striking ‘‘6 per- under section 117 of the Workforce Invest- ships or new training programs and projects. cent’’ and inserting ‘‘5 percent’’; and ment Act of 1998 (29 U.S.C. 2832) or consortia ‘‘(C) DURATION OF START-UP PERIOD.—For (5) in paragraph (6), by striking ‘‘3 per- of such boards in a region. Each workforce purposes of this subsection, a start-up period cent’’ each place it appears and inserting investment board or consortia of boards re- ‘‘2.5 percent’’. ceiving grant funds shall represent a local or consists of a period of not more than 2 (b) LOW-INCOME SCHOLARSHIP PROGRAM.— regional public-private partnership con- months after the grant period begins, at Section 414(d)(3) of the American Competi- sisting of at least— which time training shall immediately begin tiveness and Workforce Improvement Act of ‘‘(I) one workforce investment board; and no further Federal funds may be used for 1998 (as contained in title IV of division C of ‘‘(II) one community-based organization or start-up purposes. Public Law 105–277) is amended by striking higher education institution or labor union; ‘‘(4) TRAINING OUTCOMES.— ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per and ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS year. The Director may renew scholarships ‘‘(III) one business or business-related non- AND PROJECTS.—Consideration in the award- for up to 4 years.’’. profit organization such as a trade associa- ing of grants shall be given to applicants (c) REPORTING REQUIREMENT.—Section 414 tion; and that provide a specific, measurable commit- of the American Competitiveness and Work- ‘‘(ii) 25 percent of the grants under the Sec- ment upon successful completion of a train- force Improvement Act of 1998 (as contained retary of Labor’s authority to award grants ing course, to— in title IV of division C of Public Law 105– for demonstration projects or programs ‘‘(i) hire or effectuate the hiring of unem- 277) is amended by adding at the end the fol- under section 171 of the Workforce Invest- ployed trainees (where applicable); lowing new subsection: ment Act (29 U.S.C. 2916) to partnerships ‘‘(ii) increase the wages or salary of incum- ‘‘(e) REPORTING REQUIREMENT.—The Sec- that shall consist of at least 2 businesses or bent workers (where applicable); and retary of Labor and the Director of the Na- a business-related nonprofit organization ‘‘(iii) provide skill certifications to train- tional Science Foundation shall— that represents more than one business, and ees or link the training to industry-accepted ‘‘(1) track and monitor the performance of that may include any educational, labor, occupational skill standards, certificates, or programs receiving H–1B Nonimmigrant Fee community organization, or workforce in- licensing requirements. vestment board, except that such grant grant money; and ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- funds may be used only to carry out a strat- ‘‘(2) not later than one year after the date TIONS.—Applications for grants shall— egy that would otherwise not be eligible for of enactment of this subsection, submit a re- ‘‘(i) articulate the level of skills that work- funds provided under clause (i), due to bar- port to the Committees on the Judiciary of ers will be trained for and the manner by riers in meeting those partnership eligibility the House of Representatives and the which attainment of those skills will be criteria, on a national, multistate, regional, Senate— measured; and ‘‘(A) the tracking system to monitor the or rural area (such as rural telework pro- grams) basis. ‘‘(ii) include an agreement that the pro- performance of programs receiving H–1B gram or project shall be subject to evalua- grant funding; and ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL AGENTS.—Each partnership formed under tion by the Secretary of Labor to measure ‘‘(B) the number of individuals who have its effectiveness. completed training and have entered the subparagraph (A) shall designate a respon- sible fiscal agent to receive and disburse ‘‘(5) MATCHING FUNDS.—Each application high-skill workforce through these pro- for a grant to carry out a program or project grams.’’. grant funds under this subsection. ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- described in paragraph (1)(A) shall state the SEC. 11. DEMONSTRATION PROGRAMS AND manner by which the partnership will pro- PROJECTS TO PROVIDE TECHNICAL sideration in the awarding of grants shall be SKILLS TRAINING FOR WORKERS. given to any partnership that involves and vide non-Federal matching resources (cash, Section 414(c) of the American Competi- directly benefits more than one small busi- or in-kind contributions, or both) equal to at tiveness and Workforce Improvement Act of ness (each consisting of 100 employees or least 50 percent of the total grant amount 1998 (as contained in title IV of division C of less). awarded under paragraph (2)(A)(i), and at Public Law 105–277; 112 Stat. 2681–653) is ‘‘(D) ALLOCATION OF GRANTS.—In making least 100 percent of the total grant amount amended to read as follows: grants under this paragraph, the Secretary awarded under paragraph (2)(A)(ii). At least ‘‘(c) DEMONSTRATION PROGRAMS AND shall make every effort to fairly distribute one-half of the non-Federal matching funds PROJECTS TO PROVIDE TECHNICAL SKILLS grants across rural and urban areas, and shall be from the business or businesses or TRAINING FOR WORKERS.— across the different geographic regions of the business-related nonprofit organizations in- ‘‘(1) IN GENERAL.— United States. The total amount of grants volved. Consideration in the award of grants ‘‘(A) FUNDING.—The Secretary of Labor awarded to carry out programs and projects shall be given to applicants that provide a shall use funds available under section described in paragraph (1)(A) shall be allo- specific commitment or commitments of re- 286(s)(2) of the Immigration and Nationality cated as follows: sources from other public or private sources, Act (8 U.S.C. 1356(s)(2)) to establish dem- ‘‘(i) At least 80 percent of the grants shall or both, so as to demonstrate the long-term onstration programs or projects to provide be awarded to programs and projects that sustainability of the training program or technical skills training for workers, includ- train employed and unemployed workers in project after the grant expires. ing both employed and unemployed workers. skills that are in shortage in high tech- ‘‘(6) ADMINISTRATIVE COSTS.—An entity ‘‘(B) TRAINING PROVIDED.—Training funded nology, information technology, and bio- that receives a grant to carry out a program by a program or project described in sub- technology, including skills needed for soft- or project described in paragraph (1)(A) may paragraph (A) shall be for persons who are ware and communications services, tele- not use more than 10 percent of the amount currently employed and who wish to obtain communications, systems installation and of the grant to pay for administrative costs and upgrade skills as well as for persons who integration, computers and communications associated with the program or project.’’.

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 S9284 CONGRESSIONAL RECORD — SENATE September 26, 2000 SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- (B) a description of the communities to be during the period beginning on the date on PUTER EDUCATION INITIATIVE. served by the grant, including the nature of which the limitation in such section (a) SHORT TITLE.—This section may be juvenile crime, violence, and drug use in the 214(g)(1)(A)(ii) is reached and ending on Sep- cited as the ‘‘Kids 2000 Act’’. communities; tember 30, 1999. INDINGS (b) F .—Congress makes the fol- (C) written assurances that Federal funds (2) EFFECTIVE DATE.—Paragraph (1) shall lowing findings: received under this section will be used to take effect as if included in the enactment of (1) There is an increasing epidemic of juve- supplement and not supplant, non-Federal section 411 of the American Competitiveness nile crime throughout the United States. funds that would otherwise be available for and Workforce Improvement Act of 1998 (as (2) It is well documented that the majority activities funded under this section; contained in title IV of division C of the Om- of juvenile crimes take place during after- (D) written assurances that all activities nibus Consolidated and Emergency Supple- school hours. funded under this section will be supervised mental Appropriations Act, 1999; Public Law (3) Knowledge of technology is becoming by qualified adults; 105–277). increasingly necessary for children in school (E) a plan for assuring that program activi- and out of school. SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- ties will take place in a secure environment SEARCH FACILITIES, AND GRAD- (4) The Boys and Girls Clubs of America that is free of crime and drugs; UATE DEGREE RECIPIENTS; COUNT- have 2,700 clubs throughout all 50 States, (F) a plan outlining the utilization of con- ING RULES. serving over 3,000,000 boys and girls pri- tent-based programs such as PowerUp, and Section 214(g) of the Immigration and Na- marily from at-risk communities. the provision of trained adult personnel to tionality Act (8 U.S.C. 1184(g)) is amended by (5) The Boys and Girls Clubs of America supervise the after-school technology train- adding at the end the following new para- have the physical structures in place for im- ing; and graphs: mediate implementation of an after-school (G) any additional statistical or financial ‘‘(5) The numerical limitations contained technology program. information that the Boys and Girls Clubs of in paragraph (1)(A) shall not apply to any (6) Building technology centers and pro- America may reasonably require. nonimmigrant alien issued a visa or other- viding integrated content and full-time staff- (e) GRANT AWARDS.—In awarding subgrants wise provided status under section ing at those centers in the Boys and Girls under this section, the Boys and Girls Clubs 101(a)(15)(H)(i)(b)— Clubs of America nationwide will help foster of America shall consider— ‘‘(A) who is employed (or has received an education, job training, and an alternative (1) the ability of the applicant to provide offer of employment) at— to crime for at-risk youth. the intended services; ‘‘(i) an institution of higher education (as (7) Partnerships between the public sector (2) the history and establishment of the ap- defined in section 101(a) of the Higher Edu- and the private sector are an effective way of plicant in providing youth activities; and cation Act of 1965 (20 U.S.C. 1001(a))), or a re- providing after-school technology programs (3) the extent to which services will be pro- lated or affiliated nonprofit entity; or in the Boys and Girls Clubs of America. vided in crime-prone areas and techno- ‘‘(ii) a nonprofit research organization or a (8) PowerUp: Bridging the Digital Divide is logically underserved populations, and ef- governmental research organization; or an entity comprised of more than a dozen forts to achieve an equitable geographic dis- ‘‘(B) for whom a petition is filed not more nonprofit organizations, major corporations, tribution of the grant awards. than 90 days before or not more than 180 days and Federal agencies that have joined to- (f) AUTHORIZATION OF APPROPRIATIONS.— after the nonimmigrant has attained a mas- gether to launch a major new initiative to (1) IN GENERAL.—There is authorized to be ter’s degree or higher degree from an institu- help ensure that America’s underserved appropriated $20,000,000 for each of the fiscal tion of higher education (as defined in sec- young people acquire the skills, experiences, years 2001 through 2006 to carry out this sec- tion 101(a) of the Higher Education Act of and resources they need to succeed in the tion. 1965 (20 U.S.C. 1001(a))). digital age. (2) SOURCE OF FUNDS.—Funds to carry out ‘‘(6) Any alien who ceases to be employed (9) Bringing PowerUp into the Boys and this section may be derived from the Violent by an employer described in paragraph (5)(A) Girls Clubs of America will be an effective Crime Reduction Trust Fund. shall, if employed as a nonimmigrant alien way to ensure that our youth have a safe, (3) CONTINUED AVAILABILITY.—Amounts described in section 101(a)(15)(H)(i)(b), who crime-free environment in which to learn the made available under this subsection shall has not previously been counted toward the technological skills they need to close the remain available until expended. numerical limitations contained in para- divide between young people who have access graph (1)(A), be counted toward those limita- SEC. 13. SEVERABILITY. to computer-based information and tech- tions the first time the alien is employed by If any provision of this Act (or any amend- nology-related skills and those who do not. an employer other than one described in ment made by this Act) or the application (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO paragraph (5)(A). thereof to any person or circumstance is held THE BOYS AND GIRLS CLUBS OF AMERICA.— ‘‘(7) Any alien who has already been count- invalid, the remainder of the Act (and the (1) PURPOSES.—The Attorney General shall ed, within the 6 years prior to the approval make grants to the Boys and Girls Clubs of amendments made by this Act) and the ap- of a petition described in subsection (c), to- America for the purpose of funding effective plication of such provision to any other per- ward the numerical limitations of paragraph after-school technology programs, such as son or circumstance shall not be affected (1)(A) shall not again be counted toward PowerUp, in order to provide— thereby. This section shall be enacted five those limitations unless the alien would be (A) constructive technology-focused activi- days after effective date. eligible for a full 6 years of authorized ad- ties that are part of a comprehensive pro- mission at the time the petition is filed. AMENDMENT NO. 4202 gram to provide access to technology and Where multiple petitions are approved for 1 technology training to youth during after- In lieu of the matter proposed, insert the alien, that alien shall be counted only school hours, weekends, and school vaca- following: once.’’. tions; SECTION 1. SHORT TITLE. SEC. 4. LIMITATION ON PER COUNTRY CEILING (B) supervised activities in safe environ- This Act may be cited as the ‘‘American WITH RESPECT TO EMPLOYMENT- ments for youth; and Competitiveness in the Twenty-first Century BASED IMMIGRANTS. (C) full-time staffing with teachers, tutors, Act of 2000’’. (a) SPECIAL RULES.—Section 202(a) of the and other qualified personnel. SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- Immigration and Nationality Act (8 U.S.C. (2) SUBAWARDS.—The Boys and Girls Clubs MENTS. 1152(a)) is amended by adding at the end the of America shall make subawards to local (a) FISCAL YEARS 2000–2002.—Section following new paragraph: boys and girls clubs authorizing expenditures 214(g)(1)(A) of the Immigration and Nation- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- associated with providing technology pro- ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— GRANTS.— grams such as PowerUp, including the hiring (1) by redesignating clause (v) as clause ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT of teachers and other personnel, procure- (vi); and SUBJECT TO PER COUNTRY LIMITATION IF ADDI- ment of goods and services, including com- (2) by striking clauses (iii) and (iv) and in- TIONAL VISAS AVAILABLE.—If the total num- puter equipment, or such other purposes as serting the following: ber of visas available under paragraph (1), are approved by the Attorney General. ‘‘(iii) 195,000 in fiscal year 2000; and (2), (3), (4), or (5) of section 203(b) for a cal- (d) APPLICATIONS.— ‘‘(iv) 195,000 in fiscal year 2001; endar quarter exceeds the number of quali- (1) ELIGIBILITY.—In order to be eligible to ‘‘(v) 195,000 in fiscal year 2002; and’’. fied immigrants who may otherwise be receive a grant under this section, an appli- (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available cant for a subaward (specified in subsection 1999.— under that paragraph shall be issued without (c)(2)) shall submit an application to the (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under Boys and Girls Clubs of America, in such 214(g)(1)(A)(ii) of the Immigration and Na- paragraph (2) of this subsection during the form and containing such information as the tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. Attorney General may reasonably require. total number of aliens who may be issued ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN (2) APPLICATION REQUIREMENTS.—Each ap- visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the plication submitted in accordance with para- status under section 101(a)(15)(H)(i)(b) of case of a foreign state or dependent area to graph (1) shall include— such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total (A) a request for a subgrant to be used for number equal to the number of aliens who number of visas issued under section 203(b) the purposes of this section; are issued such a visa or provided such status exceeds the maximum number of visas that

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.050 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9285 may be made available to immigrants of the (1) the filing of a labor certification appli- grams, including those which support the de- state or area under section 203(b) consistent cation on the alien’s behalf (if such certifi- velopment and implementation of standards- with subsection (e) (determined without re- cation is required for the alien to obtain sta- based instructional materials models and re- gard to this paragraph), in applying sub- tus under such section 203(b)); or lated student assessments that enable K–12 section (e) all visas shall be deemed to have (2) the filing of the petition under such sec- students to acquire an understanding of been required for the classes of aliens speci- tion 204(b). science, mathematics, and technology, as fied in section 203(b).’’. (b) EXTENSION OF H1–B WORKER STATUS.— well as to develop critical thinking skills; (b) CONFORMING AMENDMENTS.— The Attorney General shall extend the stay provide systemic improvement in training (1) Section 202(a)(2) of the Immigration and of an alien who qualifies for an exemption K–12 teachers and education for students in Nationality Act (8 U.S.C. 1152(a)(2)) is under subsection (a) in one-year increments science, mathematics, and technology; sup- amended by striking ‘‘paragraphs (3) and (4)’’ until such time as a final decision is made on port the professional development of K–12 and inserting ‘‘paragraphs (3), (4), and (5)’’. the alien’s lawful permanent residence. math and science teachers in the used of (2) Section 202(e)(3) of the Immigration and SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS technology in the classroom; stimulate sys- Nationality Act (8 U.S.C. 1152(e)(3)) is AND AUTHORITIES THROUGH FIS- tem-wide K–12 reform of science, mathe- amended by striking ‘‘the proportion of the CAL YEAR 2002. matics, and technology in rural, economi- visa numbers’’ and inserting ‘‘except as pro- (a) ATTESTATION REQUIREMENTS.—Section cally disadvantaged regions of the United vided in subsection (a)(5), the proportion of 212(n)(1)(E)(ii)) of the Immigration and Na- States; provide externships and other oppor- the visa numbers’’. tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is tunities for students to increase their appre- (c) ONE-TIME PROTECTION UNDER PER COUN- amended by striking ‘‘October 1, 2001’’ and ciation and understanding of science, mathe- TRY CEILING.—Notwithstanding section inserting ‘‘October 1, 2002’’. matics, engineering, and technology (includ- 214(g)(4) of the Immigration and Nationality (b) DEPARTMENT OF LABOR INVESTIGATIVE ing summer institutes sponsored by an insti- Act (8 U.S.C. 1184(g)(4)), any alien who— AUTHORITIES.—Section 413(e)(2) of the Amer- tution of higher education for students in (1) is the beneficiary of a petition filed ican Competitiveness and Workforce Im- grades 7–12 that provide instruction in such under section 204(a) of that Act for a pref- provement Act of 1998 (as contained in title fields); involve partnerships of industry, edu- erence status under paragraph (1), (2), or (3) IV of division C of Public Law 105–277) is cational institutions, and community orga- of section 203(b) of that Act; and amended by striking ‘‘September 30, 2001’’ nizations to address the educational needs of (2) would be subject to the per country lim- and inserting ‘‘September 30, 2002’’. disadvantaged communities; provide college itations applicable to immigrants but for SEC. 8. RECOVERY OF VISAS USED FRAUDU- preparatory support to expose and prepare this subsection, LENTLY. students for careers in science, mathematics, Section 214(g)(3) of the Immigration and may apply for, and the Attorney General engineering, and technology; and provide for Nationality Act (8 U.S.C. 1184 (g)(3)) is may grant, an extension of such non- carrying out systemic reform activities amended to read as follows: under section 3(a)(1) of this National Science immigrant status until the alien’s applica- ‘‘(3) Aliens who are subject to the numer- Foundation Act of 1950 (42 U.S.C. tion for adjustment of status has been proc- ical limitations of paragraph (1) shall be 1862(a)(1)).’’; essed and a decision made thereon. issued visas (or otherwise provided non- (4) in paragraph (6), by striking ‘‘6 per- SEC. 5. INCREASED PORTABILITY OF H–1B STA- immigrant status) in the order in which peti- cent’’ and inserting ‘‘5 percent’’; and TUS. tions are filed for such visas or status. If an (5) in paragraph (6), by striking ‘‘3 per- (a) IN GENERAL.—Section 214 of the Immi- alien who was issued a visa or otherwise pro- cent’’ each place it appears and inserting gration and Nationality Act (8 U.S.C. 1184) is vided nonimmigrant status and counted ‘‘2.5 percent’’. amended by adding at the end the following against the numerical limitations of para- (b) LOW-INCOME SCHOLARSHIP PROGRAM.— new subsection: graph (1) is found to have been issued such ‘‘(m)(1) A nonimmigrant alien described in Section 414(d)(3) of the American Competi- visa or otherwise provided such status by tiveness and Workforce Improvement Act of paragraph (2) who was previously issued a fraud or willfully misrepresenting a material visa or otherwise provided nonimmigrant 1998 (as contained in title IV of division C of fact and such visa or nonimmigrant status is Public Law 105–277) is amended by striking status under section 101(a)(15)(H)(i)(b) is au- revoked, then one number shall be restored thorized to accept new employment upon the ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per to the total number of aliens who may be year. The Director may renew scholarships filing by the prospective employer of a new issued visas or otherwise provided such sta- petition on behalf of such nonimmigrant as for up to 4 years.’’. tus under the numerical limitations of para- (c) REPORTING REQUIREMENT.—Section 414 provided under subsection (a). Employment graph (1) in the fiscal year in which the peti- authorization shall continue for such alien of the American Competitiveness and Work- tion is revoked, regardless of the fiscal year force Improvement Act of 1998 (as contained until the new petition is adjudicated. If the in which the petition was approved.’’. in title IV of division C of Public Law 105– new petition is denied, such authorization SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- shall cease. ITAL DIVIDE’’. lowing new subsection: ‘‘(2) A nonimmigrant alien described in (a) STUDY.—The National Science Founda- ‘‘(e) REPORTING REQUIREMENT.—The Sec- this paragraph is a nonimmigrant alien— tion shall conduct a study of the divergence retary of Labor and the Director of the Na- ‘‘(A) who has been lawfully admitted into in access to high technology (commonly re- tional Science Foundation shall— the United States; ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of ‘‘(B) on whose behalf an employer has filed United States. programs receiving H–1B Nonimmigrant Fee a nonfrivolous petition for new employment (b) REPORT.—Not later than 18 months grant money; and before the date of expiration of the period of after the date of enactment of this Act, the ‘‘(2) not later than one year after the date stay authorized by the Attorney General; Director of the National Science Foundation of enactment of this subsection, submit a re- and shall submit a report to Congress setting port to the Committees on the Judiciary of ‘‘(C) who has not been employed without forth the findings of the study conducted the House of Representatives and the authorization before or during the pendency under subsection (a). Senate— of such petition for new employment in the SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the United States.’’. TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B (b) EFFECTIVE DATE.—The amendment (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and made by subsection (a) shall apply to peti- of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have tions filed before, on, or after the date of en- U.S.C. 1356(s)) is amended— completed training and have entered the actment of this Act. (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- SEC. 6. SPECIAL PROVISIONS IN CASES OF cent’’ and inserting ‘‘55 percent’’; grams.’’. LENGTHY ADJUDICATIONS. (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND (a) EXEMPTION FROM LIMITATION.—The lim- cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL itation contained in section 214(g)(4) of the (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. Immigration and Nationality Act (8 U.S.C. follows: Section 414(c) of the American Competi- 1184(g)(4)) with respect to the duration of au- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of thorized stay shall not apply to any non- PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of immigrant alien previously issued a visa or SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is otherwise provided nonimmigrant status ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: under section 101(a)(15)(H)(i)(b) of that Act amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND on whose behalf a petition under section immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS 204(b) of that Act to accord the alien immi- available to the Director of the National TRAINING FOR WORKERS.— grant status under section 203(b) of that Act, Science Foundation until expended to carry ‘‘(1) IN GENERAL.— or an application for adjustment of status out a direct or matching grant program to ‘‘(A) FUNDING.—The Secretary of Labor under section 245 of that Act to accord the support private-public partnerships in K–12 shall use funds available under section alien status under such section 203(b), has education. 286(s)(2) of the Immigration and Nationality been filed, if 365 days or more have elapsed ‘‘(B) TYPES OF PROGRAMS COVERED.—The Act (8 U.S.C. 1356(s)(2)) to establish dem- since— Director shall award grants to such pro- onstration programs or projects to provide

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technical skills training for workers, includ- train employed and unemployed workers in ‘‘(6) ADMINISTRATIVE COSTS.—An entity ing both employed and unemployed workers. skills that are in shortage in high tech- that receives a grant to carry out a program ‘‘(B) TRAINING PROVIDED.—Training funded nology, information technology, and bio- or project described in paragraph (1)(A) may by a program or project described in sub- technology, including skills needed for soft- not use more than 10 percent of the amount paragraph (A) shall be for persons who are ware and communications services, tele- of the grant to pay for administrative costs currently employed and who wish to obtain communications, systems installation and associated with the program or project.’’. and upgrade skills as well as for persons who integration, computers and communications SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- are unemployed. Such training is not limited hardware, advanced manufacturing, health PUTER EDUCATION INITIATIVE. to skill levels commensurate with a four- care technology, biotechnology and bio- (a) SHORT TITLE.—This section may be year undergraduate degree, but should in- medical research and manufacturing, and in- cited as the ‘‘Kids 2000 Act’’. clude the preparation of workers for a broad novation services. (b) FINDINGS.—Congress makes the fol- range of positions along a career ladder. Con- ‘‘(ii) No more than 20 percent of the grants lowing findings: sideration shall be given to the use of grant shall be available to programs and projects (1) There is an increasing epidemic of juve- funds to demonstrate a significant ability to that train employed and unemployed work- nile crime throughout the United States. expand a training program or project ers for skills related to any H–1B skill short- (2) It is well documented that the majority through such means as training more work- age. of juvenile crimes take place during after- ers or offering more courses, and training ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- school hours. programs or projects resulting from collabo- graph (D)(ii), the term ‘H–1B skill shortage’ (3) Knowledge of technology is becoming rations, especially with more than one small means a shortage of skills necessary for em- increasingly necessary for children in school business or with a labor-management train- ployment in a specialty occupation, as de- and out of school. ing program or project. All training shall be fined in section 214(i) of the Immigration and (4) The Boys and Girls Clubs of America justified with evidence of skill shortages as Nationality Act. have 2,700 clubs throughout all 50 States, demonstrated through reliable regional, ‘‘(3) START-UP FUNDS.— serving over 3,000,000 boys and girls pri- State, or local data. ‘‘(A) IN GENERAL.—Except as provided in marily from at-risk communities. ‘‘(2) GRANTS.— subparagraph (B), not more than 5 percent of (5) The Boys and Girls Clubs of America ‘‘(A) ELIGIBILITY.—To carry out the pro- have the physical structures in place for im- grams and projects described in paragraph any single grant, or not to exceed $75,000, mediate implementation of an after-school (1)(A), the Secretary of Labor shall, in con- whichever is less, may be used toward the technology program. sultation with the Secretary of Commerce, start-up costs of partnerships or new train- subject to the availability of funds in the H– ing programs and projects. (6) Building technology centers and pro- 1B Nonimmigrant Petitioner Account, ‘‘(B) EXCEPTION.—In the case of partner- viding integrated content and full-time staff- award— ships consisting primarily of small busi- ing at those centers in the Boys and Girls ‘‘(i) 75 percent of the grants to a local nesses, not more than 10 percent of any sin- Clubs of America nationwide will help foster workforce investment board established gle grant, or $150,000, whichever is less, may education, job training, and an alternative under section 117 of the Workforce Invest- be used toward the start-up costs of partner- to crime for at-risk youth. ment Act of 1998 (29 U.S.C. 2832) or consortia ships or new training programs and projects. (7) Partnerships between the public sector of such boards in a region. Each workforce ‘‘(C) DURATION OF START-UP PERIOD.—For and the private sector are an effective way of investment board or consortia of boards re- purposes of this subsection, a start-up period providing after-school technology programs ceiving grant funds shall represent a local or consists of a period of not more than 2 in the Boys and Girls Clubs of America. regional public-private partnership con- months after the grant period begins, at (8) PowerUp: Bridging the Digital Divide is sisting of at least— which time training shall immediately begin an entity comprised of more than a dozen ‘‘(I) one workforce investment board; and no further Federal funds may be used for nonprofit organizations, major corporations, ‘‘(II) one community-based organization or start-up purposes. and Federal agencies that have joined to- higher education institution or labor union; ‘‘(4) TRAINING OUTCOMES.— gether to launch a major new initiative to and ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS help ensure that America’s underserved ‘‘(III) one business or business-related non- AND PROJECTS.—Consideration in the award- young people acquire the skills, experiences, profit organization such as a trade associa- ing of grants shall be given to applicants and resources they need to succeed in the tion; and that provide a specific, measurable commit- digital age. ‘‘(ii) 25 percent of the grants under the Sec- ment upon successful completion of a train- (9) Bringing PowerUp into the Boys and retary of Labor’s authority to award grants ing course, to— Girls Clubs of America will be an effective for demonstration projects or programs ‘‘(i) hire or effectuate the hiring of unem- way to ensure that our youth have a safe, under section 171 of the Workforce Invest- ployed trainees (where applicable); crime-free environment in which to learn the ment Act (29 U.S.C. 2916) to partnerships ‘‘(ii) increase the wages or salary of incum- technological skills they need to close the that shall consist of at least 2 businesses or bent workers (where applicable); and divide between young people who have access a business-related nonprofit organization ‘‘(iii) provide skill certifications to train- to computer-based information and tech- that represents more than one business, and ees or link the training to industry-accepted nology-related skills and those who do not. that may include any educational, labor, occupational skill standards, certificates, or (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO community organization, or workforce in- licensing requirements. THE BOYS AND GIRLS CLUBS OF AMERICA.— vestment board, except that such grant ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- (1) PURPOSES.—The Attorney General shall funds may be used only to carry out a strat- TIONS.—Applications for grants shall— make grants to the Boys and Girls Clubs of egy that would otherwise not be eligible for ‘‘(i) articulate the level of skills that work- America for the purpose of funding effective funds provided under clause (i), due to bar- ers will be trained for and the manner by after-school technology programs, such as riers in meeting those partnership eligibility which attainment of those skills will be PowerUp, in order to provide— criteria, on a national, multistate, regional, measured; and (A) constructive technology-focused activi- or rural area (such as rural telework pro- ‘‘(ii) include an agreement that the pro- ties that are part of a comprehensive pro- grams) basis. gram or project shall be subject to evalua- gram to provide access to technology and ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL tion by the Secretary of Labor to measure technology training to youth during after- AGENTS.—Each partnership formed under its effectiveness. school hours, weekends, and school vaca- subparagraph (A) shall designate a respon- ‘‘(5) MATCHING FUNDS.—Each application tions; sible fiscal agent to receive and disburse for a grant to carry out a program or project (B) supervised activities in safe environ- grant funds under this subsection. described in paragraph (1)(A) shall state the ments for youth; and ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- manner by which the partnership will pro- (C) full-time staffing with teachers, tutors, sideration in the awarding of grants shall be vide non-Federal matching resources (cash, and other qualified personnel. given to any partnership that involves and or in-kind contributions, or both) equal to at (2) SUBAWARDS.—The Boys and Girls Clubs directly benefits more than one small busi- least 50 percent of the total grant amount of America shall make subawards to local ness (each consisting of 100 employees or awarded under paragraph (2)(A)(i), and at boys and girls clubs authorizing expenditures less). least 100 percent of the total grant amount associated with providing technology pro- ‘‘(D) ALLOCATION OF GRANTS.—In making awarded under paragraph (2)(A)(ii). At least grams such as PowerUp, including the hiring grants under this paragraph, the Secretary one-half of the non-Federal matching funds of teachers and other personnel, procure- shall make every effort to fairly distribute shall be from the business or businesses or ment of goods and services, including com- grants across rural and urban areas, and business-related nonprofit organizations in- puter equipment, or such other purposes as across the different geographic regions of the volved. Consideration in the award of grants are approved by the Attorney General. United States. The total amount of grants shall be given to applicants that provide a (d) APPLICATIONS.— awarded to carry out programs and projects specific commitment or commitments of re- (1) ELIGIBILITY.—In order to be eligible to described in paragraph (1)(A) shall be allo- sources from other public or private sources, receive a grant under this section, an appli- cated as follows: or both, so as to demonstrate the long-term cant for a subaward (specified in subsection ‘‘(i) At least 80 percent of the grants shall sustainability of the training program or (c)(2)) shall submit an application to the be awarded to programs and projects that project after the grant expires. Boys and Girls Clubs of America, in such

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form and containing such information as the tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN Attorney General may reasonably require. total number of aliens who may be issued COUNTRIES SUBJECT TO SUBSECTION (E).—In the (2) APPLICATION REQUIREMENTS.—Each ap- visas or otherwise provided nonimmigrant case of a foreign state or dependent area to plication submitted in accordance with para- status under section 101(a)(15)(H)(i)(b) of which subsection (e) applies, if the total graph (1) shall include— such Act in fiscal year 1999 is increased by a number of visas issued under section 203(b) (A) a request for a subgrant to be used for number equal to the number of aliens who exceeds the maximum number of visas that the purposes of this section; are issued such a visa or provided such status may be made available to immigrants of the (B) a description of the communities to be during the period beginning on the date on state or area under section 203(b) consistent served by the grant, including the nature of which the limitation in such section with subsection (e) (determined without re- juvenile crime, violence, and drug use in the 214(g)(1)(A)(ii) is reached and ending on Sep- gard to this paragraph), in applying sub- communities; tember 30, 1999. section (e) all visas shall be deemed to have (C) written assurances that Federal funds (2) EFFECTIVE DATE.—Paragraph (1) shall been required for the classes of aliens speci- received under this section will be used to take effect as if included in the enactment of fied in section 203(b).’’. supplement and not supplant, non-Federal section 411 of the American Competitiveness (b) CONFORMING AMENDMENTS.— funds that would otherwise be available for and Workforce Improvement Act of 1998 (as (1) Section 202(a)(2) of the Immigration and activities funded under this section; contained in title IV of division C of the Om- Nationality Act (8 U.S.C. 1152(a)(2)) is (D) written assurances that all activities nibus Consolidated and Emergency Supple- amended by striking ‘‘paragraphs (3) and (4)’’ funded under this section will be supervised mental Appropriations Act, 1999; Public Law and inserting ‘‘paragraphs (3), (4), and (5)’’. by qualified adults; 105–277). (2) Section 202(e)(3) of the Immigration and (E) a plan for assuring that program activi- SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- Nationality Act (8 U.S.C. 1152(e)(3)) is ties will take place in a secure environment SEARCH FACILITIES, AND GRAD- amended by striking ‘‘the proportion of the that is free of crime and drugs; UATE DEGREE RECIPIENTS; COUNT- visa numbers’’ and inserting ‘‘except as pro- ING RULES. (F) a plan outlining the utilization of con- vided in subsection (a)(5), the proportion of Section 214(g) of the Immigration and Na- tent-based programs such as PowerUp, and the visa numbers’’. tionality Act (8 U.S.C. 1184(g)) is amended by (c) ONE-TIME PROTECTION UNDER PER COUN- the provision of trained adult personnel to adding at the end the following new para- supervise the after-school technology train- TRY CEILING.—Notwithstanding section graphs: 214(g)(4) of the Immigration and Nationality ing; and ‘‘(5) The numerical limitations contained Act (8 U.S.C. 1184(g)(4)), any alien who— (G) any additional statistical or financial in paragraph (1)(A) shall not apply to any (1) is the beneficiary of a petition filed information that the Boys and Girls Clubs of nonimmigrant alien issued a visa or other- America may reasonably require. wise provided status under section under section 204(a) of that Act for a pref- (e) GRANT AWARDS.—In awarding subgrants 101(a)(15)(H)(i)(b)— erence status under paragraph (1), (2), or (3) under this section, the Boys and Girls Clubs ‘‘(A) who is employed (or has received an of section 203(b) of that Act; and of America shall consider— offer of employment) at— (2) would be subject to the per country lim- (1) the ability of the applicant to provide ‘‘(i) an institution of higher education (as itations applicable to immigrants but for the intended services; defined in section 101(a) of the Higher Edu- this subsection, may apply for, and the Attorney General (2) the history and establishment of the ap- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- may grant, an extension of such non- plicant in providing youth activities; and lated or affiliated nonprofit entity; or immigrant status until the alien’s applica- (3) the extent to which services will be pro- ‘‘(ii) a nonprofit research organization or a tion for adjustment of status has been proc- vided in crime-prone areas and techno- governmental research organization; or essed and a decision made thereon. logically underserved populations, and ef- ‘‘(B) for whom a petition is filed not more forts to achieve an equitable geographic dis- than 90 days before or not more than 180 days SEC. 5. INCREASED PORTABILITY OF H–1B STA- TUS. tribution of the grant awards. after the nonimmigrant has attained a mas- (f) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Section 214 of the Immi- ter’s degree or higher degree from an institu- gration and Nationality Act (8 U.S.C. 1184) is (1) IN GENERAL.—There is authorized to be tion of higher education (as defined in sec- appropriated $20,000,000 for each of the fiscal amended by adding at the end the following tion 101(a) of the Higher Education Act of new subsection: years 2001 through 2006 to carry out this sec- 1965 (20 U.S.C. 1001(a))). tion. ‘‘(m)(1) A nonimmigrant alien described in ‘‘(6) Any alien who ceases to be employed paragraph (2) who was previously issued a (2) SOURCE OF FUNDS.—Funds to carry out by an employer described in paragraph (5)(A) visa or otherwise provided nonimmigrant this section may be derived from the Violent shall, if employed as a nonimmigrant alien status under section 101(a)(15)(H)(i)(b) is au- Crime Reduction Trust Fund. described in section 101(a)(15)(H)(i)(b), who thorized to accept new employment upon the (3) CONTINUED AVAILABILITY.—Amounts has not previously been counted toward the filing by the prospective employer of a new made available under this subsection shall numerical limitations contained in para- remain available until expended. graph (1)(A), be counted toward those limita- petition on behalf of such nonimmigrant as provided under subsection (a). Employment SEC. 13. SEVERABILITY. tions the first time the alien is employed by authorization shall continue for such alien If any provision of this Act (or any amend- an employer other than one described in until the new petition is adjudicated. If the ment made by this Act) or the application paragraph (5)(A). new petition is denied, such authorization thereof to any person or circumstance is held ‘‘(7) Any alien who has already been count- ed, within the 6 years prior to the approval shall cease. invalid, the remainder of the Act (and the ‘‘(2) A nonimmigrant alien described in amendments made by this Act) and the ap- of a petition described in subsection (c), to- ward the numerical limitations of paragraph this paragraph is a nonimmigrant alien— plication of such provision to any other per- ‘‘(A) who has been lawfully admitted into son or circumstance shall not be affected (1)(A) shall not again be counted toward those limitations unless the alien would be the United States; thereby. This section shall be enacted six ‘‘(B) on whose behalf an employer has filed days after effective date. eligible for a full 6 years of authorized ad- mission at the time the petition is filed. a nonfrivolous petition for new employment before the date of expiration of the period of AMENDMENT NO. 4203 Where multiple petitions are approved for 1 alien, that alien shall be counted only stay authorized by the Attorney General; In lieu of the matter proposed, insert the once.’’. and following: SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without SECTION 1. SHORT TITLE. WITH RESPECT TO EMPLOYMENT- authorization before or during the pendency This Act may be cited as the ‘‘American BASED IMMIGRANTS. of such petition for new employment in the Competitiveness in the Twenty-first Century (a) SPECIAL RULES.—Section 202(a) of the United States.’’. Act of 2000’’. Immigration and Nationality Act (8 U.S.C. (b) EFFECTIVE DATE.—The amendment SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- 1152(a)) is amended by adding at the end the made by subsection (a) shall apply to peti- MENTS. following new paragraph: tions filed before, on, or after the date of en- (a) FISCAL YEARS 2000–2002.—Section ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- actment of this Act. 214(g)(1)(A) of the Immigration and Nation- GRANTS.— SEC. 6. SPECIAL PROVISIONS IN CASES OF ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT LENGTHY ADJUDICATIONS. (1) by redesignating clause (v) as clause SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (a) EXEMPTION FROM LIMITATION.—The lim- (vi); and TIONAL VISAS AVAILABLE.—If the total num- itation contained in section 214(g)(4) of the (2) by striking clauses (iii) and (iv) and in- ber of visas available under paragraph (1), Immigration and Nationality Act (8 U.S.C. serting the following: (2), (3), (4), or (5) of section 203(b) for a cal- 1184(g)(4)) with respect to the duration of au- ‘‘(iii) 195,000 in fiscal year 2000; and endar quarter exceeds the number of quali- thorized stay shall not apply to any non- ‘‘(iv) 195,000 in fiscal year 2001; fied immigrants who may otherwise be immigrant alien previously issued a visa or ‘‘(v) 195,000 in fiscal year 2002; and’’. issued such visas, the visas made available otherwise provided nonimmigrant status (b) ADDITIONAL VISAS FOR FISCAL YEAR under that paragraph shall be issued without under section 101(a)(15)(H)(i)(b) of that Act 1999.— regard to the numerical limitation under on whose behalf a petition under section (1) IN GENERAL.—Notwithstanding section paragraph (2) of this subsection during the 204(b) of that Act to accord the alien immi- 214(g)(1)(A)(ii) of the Immigration and Na- remainder of the calendar quarter. grant status under section 203(b) of that Act,

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or an application for adjustment of status Science Foundation until expended to carry ‘‘(1) IN GENERAL.— under section 245 of that Act to accord the out a direct or matching grant program to ‘‘(A) FUNDING.—The Secretary of Labor alien status under such section 203(b), has support private-public partnerships in K–12 shall use funds available under section been filed, if 365 days or more have elapsed education. 286(s)(2) of the Immigration and Nationality since— ‘‘(B) TYPES OF PROGRAMS COVERED.—The Act (8 U.S.C. 1356(s)(2)) to establish dem- (1) the filing of a labor certification appli- Director shall award grants to such pro- onstration programs or projects to provide cation on the alien’s behalf (if such certifi- grams, including those which support the de- technical skills training for workers, includ- cation is required for the alien to obtain sta- velopment and implementation of standards- ing both employed and unemployed workers. tus under such section 203(b)); or based instructional materials models and re- ‘‘(B) TRAINING PROVIDED.—Training funded (2) the filing of the petition under such sec- lated student assessments that enable K–12 by a program or project described in sub- tion 204(b). students to acquire an understanding of paragraph (A) shall be for persons who are (b) EXTENSION OF H1–B WORKER STATUS.— science, mathematics, and technology, as currently employed and who wish to obtain The Attorney General shall extend the stay well as to develop critical thinking skills; and upgrade skills as well as for persons who of an alien who qualifies for an exemption provide systemic improvement in training are unemployed. Such training is not limited under subsection (a) in one-year increments K–12 teachers and education for students in to skill levels commensurate with a four- until such time as a final decision is made on science, mathematics, and technology; sup- year undergraduate degree, but should in- the alien’s lawful permanent residence. port the professional development of K–12 clude the preparation of workers for a broad SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS math and science teachers in the used of range of positions along a career ladder. Con- AND AUTHORITIES THROUGH FIS- technology in the classroom; stimulate sys- sideration shall be given to the use of grant CAL YEAR 2002. tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to (a) ATTESTATION REQUIREMENTS.—Section matics, and technology in rural, economi- expand a training program or project 212(n)(1)(E)(ii)) of the Immigration and Na- cally disadvantaged regions of the United through such means as training more work- tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is States; provide externships and other oppor- ers or offering more courses, and training amended by striking ‘‘October 1, 2001’’ and tunities for students to increase their appre- programs or projects resulting from collabo- inserting ‘‘October 1, 2002’’. ciation and understanding of science, mathe- rations, especially with more than one small (b) DEPARTMENT OF LABOR INVESTIGATIVE matics, engineering, and technology (includ- business or with a labor-management train- AUTHORITIES.—Section 413(e)(2) of the Amer- ing summer institutes sponsored by an insti- ing program or project. All training shall be ican Competitiveness and Workforce Im- tution of higher education for students in justified with evidence of skill shortages as provement Act of 1998 (as contained in title grades 7–12 that provide instruction in such demonstrated through reliable regional, IV of division C of Public Law 105–277) is fields); involve partnerships of industry, edu- State, or local data. amended by striking ‘‘September 30, 2001’’ cational institutions, and community orga- ‘‘(2) GRANTS.— and inserting ‘‘September 30, 2002’’. nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- grams and projects described in paragraph SEC. 8. RECOVERY OF VISAS USED FRAUDU- disadvantaged communities; provide college (1)(A), the Secretary of Labor shall, in con- LENTLY. preparatory support to expose and prepare sultation with the Secretary of Commerce, Section 214(g)(3) of the Immigration and students for careers in science, mathematics, subject to the availability of funds in the H– Nationality Act (8 U.S.C. 1184 (g)(3)) is engineering, and technology; and provide for 1B Nonimmigrant Petitioner Account, amended to read as follows: carrying out systemic reform activities award— ‘‘(3) Aliens who are subject to the numer- under section 3(a)(1) of this National Science ‘‘(i) 75 percent of the grants to a local ical limitations of paragraph (1) shall be Foundation Act of 1950 (42 U.S.C. workforce investment board established issued visas (or otherwise provided non- 1862(a)(1)).’’; under section 117 of the Workforce Invest- immigrant status) in the order in which peti- (4) in paragraph (6), by striking ‘‘6 per- ment Act of 1998 (29 U.S.C. 2832) or consortia tions are filed for such visas or status. If an cent’’ and inserting ‘‘5 percent’’; and of such boards in a region. Each workforce (5) in paragraph (6), by striking ‘‘3 per- alien who was issued a visa or otherwise pro- investment board or consortia of boards re- cent’’ each place it appears and inserting vided nonimmigrant status and counted ceiving grant funds shall represent a local or against the numerical limitations of para- ‘‘2.5 percent’’. regional public-private partnership con- (b) LOW-INCOME SCHOLARSHIP PROGRAM.— graph (1) is found to have been issued such sisting of at least— Section 414(d)(3) of the American Competi- visa or otherwise provided such status by ‘‘(I) one workforce investment board; tiveness and Workforce Improvement Act of fraud or willfully misrepresenting a material ‘‘(II) one community-based organization or 1998 (as contained in title IV of division C of fact and such visa or nonimmigrant status is higher education institution or labor union; Public Law 105–277) is amended by striking revoked, then one number shall be restored and ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per to the total number of aliens who may be ‘‘(III) one business or business-related non- year. The Director may renew scholarships issued visas or otherwise provided such sta- profit organization such as a trade associa- for up to 4 years.’’. tus under the numerical limitations of para- tion; and graph (1) in the fiscal year in which the peti- (c) REPORTING REQUIREMENT.—Section 414 of the American Competitiveness and Work- ‘‘(ii) 25 percent of the grants under the Sec- tion is revoked, regardless of the fiscal year retary of Labor’s authority to award grants in which the petition was approved.’’. force Improvement Act of 1998 (as contained in title IV of division C of Public Law 105– for demonstration projects or programs SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- under section 171 of the Workforce Invest- ITAL DIVIDE’’. lowing new subsection: ment Act (29 U.S.C. 2916) to partnerships (a) STUDY.—The National Science Founda- ‘‘(e) REPORTING REQUIREMENT.—The Sec- that shall consist of at least 2 businesses or tion shall conduct a study of the divergence retary of Labor and the Director of the Na- a business-related nonprofit organization in access to high technology (commonly re- tional Science Foundation shall— that represents more than one business, and ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of that may include any educational, labor, United States. programs receiving H–1B Nonimmigrant Fee community organization, or workforce in- (b) REPORT.—Not later than 18 months grant money; and vestment board, except that such grant after the date of enactment of this Act, the ‘‘(2) not later than one year after the date funds may be used only to carry out a strat- Director of the National Science Foundation of enactment of this subsection, submit a re- egy that would otherwise not be eligible for shall submit a report to Congress setting port to the Committees on the Judiciary of funds provided under clause (i), due to bar- forth the findings of the study conducted the House of Representatives and the riers in meeting those partnership eligibility under subsection (a). Senate— criteria, on a national, multistate, regional, SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the or rural area (such as rural telework pro- TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B grams) basis. (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have AGENTS.—Each partnership formed under U.S.C. 1356(s)) is amended— completed training and have entered the subparagraph (A) shall designate a respon- (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- sible fiscal agent to receive and disburse cent’’ and inserting ‘‘55 percent’’; grams.’’. grant funds under this subsection. (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL sideration in the awarding of grants shall be (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. given to any partnership that involves and follows: Section 414(c) of the American Competi- directly benefits more than one small busi- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of ness (each consisting of 100 employees or PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of less). SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is ‘‘(D) ALLOCATION OF GRANTS.—In making ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: grants under this paragraph, the Secretary amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND shall make every effort to fairly distribute immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS grants across rural and urban areas, and available to the Director of the National TRAINING FOR WORKERS.— across the different geographic regions of the

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United States. The total amount of grants specific commitment or commitments of re- (1) ELIGIBILITY.—In order to be eligible to awarded to carry out programs and projects sources from other public or private sources, receive a grant under this section, an appli- described in paragraph (1)(A) shall be allo- or both, so as to demonstrate the long-term cant for a subaward (specified in subsection cated as follows: sustainability of the training program or (c)(2)) shall submit an application to the ‘‘(i) At least 80 percent of the grants shall project after the grant expires. Boys and Girls Clubs of America, in such be awarded to programs and projects that ‘‘(6) ADMINISTRATIVE COSTS.—An entity form and containing such information as the train employed and unemployed workers in that receives a grant to carry out a program Attorney General may reasonably require. skills that are in shortage in high tech- or project described in paragraph (1)(A) may (2) APPLICATION REQUIREMENTS.—Each ap- nology, information technology, and bio- not use more than 10 percent of the amount plication submitted in accordance with para- technology, including skills needed for soft- of the grant to pay for administrative costs graph (1) shall include— ware and communications services, tele- associated with the program or project.’’. (A) a request for a subgrant to be used for communications, systems installation and SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- the purposes of this section; integration, computers and communications PUTER EDUCATION INITIATIVE. (B) a description of the communities to be hardware, advanced manufacturing, health (a) SHORT TITLE.—This section may be served by the grant, including the nature of care technology, biotechnology and bio- cited as the ‘‘Kids 2000 Act’’. juvenile crime, violence, and drug use in the medical research and manufacturing, and in- (b) FINDINGS.—Congress makes the fol- communities; novation services. lowing findings: (C) written assurances that Federal funds ‘‘(ii) No more than 20 percent of the grants (1) There is an increasing epidemic of juve- received under this section will be used to shall be available to programs and projects nile crime throughout the United States. supplement and not supplant, non-Federal that train employed and unemployed work- (2) It is well documented that the majority funds that would otherwise be available for ers for skills related to any H–1B skill short- of juvenile crimes take place during after- activities funded under this section; age. school hours. (D) written assurances that all activities ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- (3) Knowledge of technology is becoming funded under this section will be supervised graph (D)(ii), the term ‘H–1B skill shortage’ increasingly necessary for children in school by qualified adults; means a shortage of skills necessary for em- and out of school. (E) a plan for assuring that program activi- ployment in a specialty occupation, as de- (4) The Boys and Girls Clubs of America ties will take place in a secure environment fined in section 214(i) of the Immigration and have 2,700 clubs throughout all 50 States, that is free of crime and drugs; Nationality Act. serving over 3,000,000 boys and girls pri- (F) a plan outlining the utilization of con- ‘‘(3) START-UP FUNDS.— marily from at-risk communities. tent-based programs such as PowerUp, and ‘‘(A) IN GENERAL.—Except as provided in (5) The Boys and Girls Clubs of America the provision of trained adult personnel to subparagraph (B), not more than 5 percent of supervise the after-school technology train- any single grant, or not to exceed $75,000, have the physical structures in place for im- mediate implementation of an after-school ing; and whichever is less, may be used toward the (G) any additional statistical or financial start-up costs of partnerships or new train- technology program. (6) Building technology centers and pro- information that the Boys and Girls Clubs of ing programs and projects. America may reasonably require. ‘‘(B) EXCEPTION.—In the case of partner- viding integrated content and full-time staff- (e) GRANT AWARDS.—In awarding subgrants ships consisting primarily of small busi- ing at those centers in the Boys and Girls under this section, the Boys and Girls Clubs nesses, not more than 10 percent of any sin- Clubs of America nationwide will help foster of America shall consider— gle grant, or $150,000, whichever is less, may education, job training, and an alternative (1) the ability of the applicant to provide be used toward the start-up costs of partner- to crime for at-risk youth. the intended services; ships or new training programs and projects. (7) Partnerships between the public sector (2) the history and establishment of the ap- ‘‘(C) DURATION OF START-UP PERIOD.—For and the private sector are an effective way of plicant in providing youth activities; and purposes of this subsection, a start-up period providing after-school technology programs consists of a period of not more than 2 in the Boys and Girls Clubs of America. (3) the extent to which services will be pro- months after the grant period begins, at (8) PowerUp: Bridging the Digital Divide is vided in crime-prone areas and techno- which time training shall immediately begin an entity comprised of more than a dozen logically underserved populations, and ef- and no further Federal funds may be used for nonprofit organizations, major corporations, forts to achieve an equitable geographic dis- start-up purposes. and Federal agencies that have joined to- tribution of the grant awards. ‘‘(4) TRAINING OUTCOMES.— gether to launch a major new initiative to (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS help ensure that America’s underserved (1) IN GENERAL.—There is authorized to be AND PROJECTS.—Consideration in the award- young people acquire the skills, experiences, appropriated $20,000,000 for each of the fiscal ing of grants shall be given to applicants and resources they need to succeed in the years 2001 through 2006 to carry out this sec- that provide a specific, measurable commit- digital age. tion. ment upon successful completion of a train- (9) Bringing PowerUp into the Boys and (2) SOURCE OF FUNDS.—Funds to carry out ing course, to— Girls Clubs of America will be an effective this section may be derived from the Violent ‘‘(i) hire or effectuate the hiring of unem- way to ensure that our youth have a safe, Crime Reduction Trust Fund. ployed trainees (where applicable); crime-free environment in which to learn the (3) CONTINUED AVAILABILITY.—Amounts ‘‘(ii) increase the wages or salary of incum- technological skills they need to close the made available under this subsection shall bent workers (where applicable); and divide between young people who have access remain available until expended. ‘‘(iii) provide skill certifications to train- to computer-based information and tech- SEC. 13. SEVERABILITY. ees or link the training to industry-accepted nology-related skills and those who do not. If any provision of this Act (or any amend- occupational skill standards, certificates, or (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO ment made by this Act) or the application licensing requirements. THE BOYS AND GIRLS CLUBS OF AMERICA.— thereof to any person or circumstance is held ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- (1) PURPOSES.—The Attorney General shall invalid, the remainder of the Act (and the TIONS.—Applications for grants shall— make grants to the Boys and Girls Clubs of amendments made by this Act) and the ap- ‘‘(i) articulate the level of skills that work- America for the purpose of funding effective plication of such provision to any other per- ers will be trained for and the manner by after-school technology programs, such as son or circumstance shall not be affected which attainment of those skills will be PowerUp, in order to provide— thereby. This section shall be enacted seven measured; and (A) constructive technology-focused activi- days after effective date. ‘‘(ii) include an agreement that the pro- ties that are part of a comprehensive pro- gram or project shall be subject to evalua- gram to provide access to technology and tion by the Secretary of Labor to measure technology training to youth during after- HATCH AMENDMENTS NOS. 4204– its effectiveness. school hours, weekends, and school vaca- 4205 ‘‘(5) MATCHING FUNDS.—Each application tions; for a grant to carry out a program or project (B) supervised activities in safe environ- (Ordered to lie on the table.) described in paragraph (1)(A) shall state the ments for youth; and Mr. HATCH submitted two amend- manner by which the partnership will pro- (C) full-time staffing with teachers, tutors, ments intended to be proposed by him vide non-Federal matching resources (cash, and other qualified personnel. to the bill S. 2405, supra; as follows: or in-kind contributions, or both) equal to at (2) SUBAWARDS.—The Boys and Girls Clubs least 50 percent of the total grant amount of America shall make subawards to local AMENDMENT NO. 4204 awarded under paragraph (2)(A)(i), and at boys and girls clubs authorizing expenditures On page 1 of the amendment, line 10, strike least 100 percent of the total grant amount associated with providing technology pro- ‘‘(vi)’’ and insert ‘‘(vii)’’. awarded under paragraph (2)(A)(ii). At least grams such as PowerUp, including the hiring On page 2 of the amendment, strike lines 1 one-half of the non-Federal matching funds of teachers and other personnel, procure- through 5 and insert the following: shall be from the business or businesses or ment of goods and services, including com- (2) by striking clause (iv) and inserting the business-related nonprofit organizations in- puter equipment, or such other purposes as following: volved. Consideration in the award of grants are approved by the Attorney General. ‘‘(iv) 195,000 in fiscal year 2001; shall be given to applicants that provide a (d) APPLICATIONS.— ‘‘(v) 195,000 in fiscal year 2002;

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‘‘(vi) 195,000 in fiscal year 2003; and’’. (A) IN GENERAL.—Subject to subparagraph SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- On page 2 of the amendment, line 6, strike (B), the number described in this paragraph MENTS. ‘‘FISCAL YEAR 1999.—’’ and insert ‘‘FISCAL is the difference between the number of em- (a) FISCAL YEARS 2000–2002.—Section YEARS 1999 AND 2000.—’’. ployment-based visas that were made avail- 214(g)(1)(A) of the Immigration and Nation- On page 2 of the amendment, line 7, strike able in fiscal year 1999 and 2000 and the num- ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— ‘‘Notwithstanding’’ and insert ‘‘(A) Notwith- ber of such visas that were actually used in (1) by redesignating clause (v) as clause standing’’. such fiscal years. (vi); and On page 2 of the amendment, between lines (B) REDUCTION.—The number described in (2) by striking clauses (iii) and (iv) and in- 17 and 18, insert the following: subparagraph (A) shall be reduced, for each serting the following: (B) In the case of any alien on behalf of fiscal year after fiscal year 2001, by the cu- ‘‘(iii) 195,000 in fiscal year 2000; and whom a petition for status under section mulative number of immigrant visas made ‘‘(iv) 195,000 in fiscal year 2001; 101(a)(15)(H)(I)(b) is filed before September 1, available under paragraph (1) for previous ‘‘(v) 195,000 in fiscal year 2002; and’’. 2000, and is subsequently approved, that fiscal years. (b) ADDITIONAL VISAS FOR FISCAL YEAR 1999.— alien shall be counted toward the numerical (C) CONSTRUCTION.—Nothing in this para- ceiling for fiscal year 2000 notwithstanding graph shall be construed as affecting the ap- (1) IN GENERAL.—Notwithstanding section the date of the approval of the petition. Not- plication of section 201(c)(3)(C) of the Immi- 214(g)(1)(A)(ii) of the Immigration and Na- withstanding section 214(g)(1)(A)(iii) of the gration and Nationality Act (8 U.S.C. tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the Immigration and Nationality Act, the total 1151(c)(3)(C)). total number of aliens who may be issued visas or otherwise provided nonimmigrant number of aliens who may be issued visas or (3) EMPLOYMENT-BASED VISAS DEFINED.—For otherwise provided nonimmigrant status purposes of this subsection, the term ‘‘em- status under section 101(a)(15)(H)(i)(b) of under section 101(a)(15)(H)(i)(b) of such Act ployment-based visa’’ means an immigrant such Act in fiscal year 1999 is increased by a in fiscal year 2000 is increased by a number visa which is issued pursuant to the numer- number equal to the number of aliens who equal to the number of aliens who may be ical limitation under section 203(b) of the are issued such a visa or provided such status issued visas or otherwise provided non- Immigration and Nationality Act (8 U.S.C. during the period beginning on the date on immigrant status who filed a petition during 1153(b)). which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on Sep- the period beginning on the date on which On page 12 of the amendment, line 3, strike tember 30, 1999. the limitation in such section 214(g)(1)(A)(iii) ‘‘used’’ and insert ‘‘use’’. (2) EFFECTIVE DATE.—Paragraph (1) shall is reached and ending on August 31, 2000. On page 12 of the amendment, line 21, On page 6 of the amendment, strike lines 16 take effect as if included in the enactment of strike ‘‘this’’ and insert ‘‘the’’. through 18 and insert the following: section 411 of the American Competitiveness On page 15 of the amendment, beginning on (2) is eligible to be granted that status but and Workforce Improvement Act of 1998 (as line 18, strike ‘‘All training’’ and all that fol- for application of the per country limita- contained in title IV of division C of the Om- lows through ‘‘demonstrated’’ on line 20 and tions applicable to immigrants under those nibus Consolidated and Emergency Supple- insert the following: ‘‘The need for the train- paragraphs, mental Appropriations Act, 1999; Public Law ing shall be justified’’. On page 7 of the amendment, strike lines 22 105–277). On page 18 of the amendment, line 10, through 24 and insert the following: SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- ‘‘(C) who, subsequent to such lawful admis- strike ‘‘that are in shortage’’. SEARCH FACILITIES, AND GRAD- sion, has not been employed without author- On page 18 of the amendment, line 23 and UATE DEGREE RECIPIENTS; COUNT- ization in the United States before the filing 24, strike ‘‘H–1B skill shortage.’’ and insert ING RULES. of such petition.’’. ‘‘single specialty occupation, as defined in Section 214(g) of the Immigration and Na- On page 9 of the amendment, between lines section 214(i) of the Immigration and Nation- tionality Act (8 U.S.C. 1184(g)) is amended by 3 and 4, insert the following: ality Act.’’. adding at the end the following new para- (c) INCREASED JOB FLEXIBILITY FOR LONG On page 19 of the amendment, strike lines graphs: DELAYED APPLICANTS FOR ADJUSTMENT OF 1 through 6. ‘‘(5) The numerical limitations contained STATUS.— On page 20 of the amendment, line 23, in paragraph (1)(A) shall not apply to any (1) Section 204 of the Immigration and Na- strike ‘‘and’’. nonimmigrant alien issued a visa or other- tionality Act (8 U.S.C. 1154) is amended by On page 21 of the amendment, line 2, strike wise provided status under section adding at the end the following new sub- the period and insert ‘‘; and’’. 101(a)(15)(H)(i)(b)— ‘‘(A) who is employed (or has received an section: On page 21 of the amendment, between offer of employment) at— ‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED lines 2 and 3, insert the following: ‘‘(i) an institution of higher education (as APPLICANTS FOR ADJUSTMENT OF STATUS TO ‘‘(iii) in the case of an application for a defined in section 101(a) of the Higher Edu- PERMANENT RESIDENCE.—A petition under grant under subsection (c)(2)(A)(ii), explain cation Act of 1965 (20 U.S.C. 1001(a))), or a re- subsection (a)(1)(D) for an individual whose what barriers prevent the strategy from lated or affiliated nonprofit entity; or application for adjustment of status pursu- being implemented through a grant made ‘‘(ii) a nonprofit research organization or a ant to section 245 has been filed and re- under subsection (c)(2)(A)(i).’’. governmental research organization; or mained unadjudicated for 180 days or more On page 21 of the amendment, after line 25, ‘‘(B) for whom a petition is filed not more shall remain valid with respect to a new job insert the following new section: than 90 days before or not more than 180 days if the individual changes jobs or employers if SEC. 12. IMPOSITION OF FEES. the new job is in the same or a similar occu- after the nonimmigrant has attained a mas- Section 214(c)(9)(A) of the Immigration and pational classification as the job for which ter’s degree or higher degree from an institu- Nationality Act (8 U.S.C. 1184(c)(9)(A)) is the petition was filed.’’. tion of higher education (as defined in sec- amended by striking ‘‘(excluding’’ and all (2) Section 212(a)(5)(A) of the Immigration tion 101(a) of the Higher Education Act of that follows through ‘‘2001)’’ and inserting and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is 1965 (20 U.S.C. 1001(a))). ‘‘(excluding any employer that is a primary amended by adding at the end the following ‘‘(6) Any alien who ceases to be employed or secondary education institution, an insti- by an employer described in paragraph (5)(A) new clause: tution of higher education, as defined in sec- shall, if employed as a nonimmigrant alien ‘‘(iv) LONG DELAYED ADJUSTMENT APPLI- tion 101(a) of the Higher Education Act of described in section 101(a)(15)(H)(i)(b), who CANTS.—A certification made under clause (i) 1965 (20 U.S.C. 1001(a)), a nonprofit entity re- has not previously been counted toward the with respect to an individual whose petition lated to or affiliated with any such institu- numerical limitations contained in para- is covered by section 204(j) shall remain valid tion, a nonprofit entity which engages in es- graph (1)(A), be counted toward those limita- with respect to a new job accepted by the in- tablished curriculum-related clinical train- tions the first time the alien is employed by dividual after the individual changes jobs or ing of students registered at any such insti- an employer other than one described in employers if the new job is in the same or a tution, a nonprofit research organization, or paragraph (5)(A). similar occupational classification as the job a governmental research organization) fil- ‘‘(7) Any alien who has already been count- for which the certification was issued.’’. ing’’. ed, within the 6 years prior to the approval (d) RECAPTURE OF UNUSED EMPLOYMENT- of a petition described in subsection (c), to- BASED IMMIGRANT VISAS.— On page 22 of the amendment, line 1, strike ward the numerical limitations of paragraph (1) IN GENERAL.—Notwithstanding any ‘‘SEC. 12.’’. and insert ‘‘SEC. 13.’’. (1)(A) shall not again be counted toward other provision of law, the number of em- On page 27 of the amendment, line 1, strike those limitations unless the alien would be ployment-based visas (as defined in para- ‘‘SEC. 13.’’. and insert ‘‘SEC. 14.’’. eligible for a full 6 years of authorized ad- graph (3)) made available for a fiscal year mission at the time the petition is filed. (beginning with fiscal year 2001) shall be in- AMENDMENT NO. 4205 Where multiple petitions are approved for 1 creased by the number described in para- alien, that alien shall be counted only graph (2). Visas made available under this In lieu of the matter proposed insert the following: once.’’. subsection shall only be available in a fiscal SEC. 4. LIMITATION ON PER COUNTRY CEILING year to employment-based immigrants under SECTION 1. SHORT TITLE. WITH RESPECT TO EMPLOYMENT- paragraph (1), (2), or (3) of section 203(b) of This Act may be cited as the ‘‘American BASED IMMIGRANTS. the Immigration and Nationality Act. Competitiveness in the Twenty-first Century (a) SPECIAL RULES.—Section 202(a) of the (2) NUMBER AVAILABLE.— Act of 2000’’. Immigration and Nationality Act (8 U.S.C.

VerDate 26-SEP-2000 04:35 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.044 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9291

1152(a)) is amended by adding at the end the (b) EFFECTIVE DATE.—The amendment SEC. 10. MODIFICATION OF NONIMMIGRANT PE- following new paragraph: made by subsection (a) shall apply to peti- TITIONER ACCOUNT PROVISIONS. ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- tions filed before, on, or after the date of en- (a) ALLOCATION OF FUNDS.—Section 286(s) GRANTS.— actment of this Act. of the Immigration and Nationality Act (8 U.S.C. 1356(s)) is amended— ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT SEC. 6. SPECIAL PROVISIONS IN CASES OF SUBJECT TO PER COUNTRY LIMITATION IF ADDI- LENGTHY ADJUDICATIONS. (1) in paragraph (2), by striking ‘‘56.3 per- cent’’ and inserting ‘‘55 percent’’; TIONAL VISAS AVAILABLE.—If the total num- (a) EXEMPTION FROM LIMITATION.—The lim- (2) in paragraph (3), by striking ‘‘28.2 per- ber of visas available under paragraph (1), itation contained in section 214(g)(4) of the cent’’ and inserting ‘‘23.5 percent’’; (2), (3), (4), or (5) of section 203(b) for a cal- Immigration and Nationality Act (8 U.S.C. (3) by amending paragraph (4) to read as endar quarter exceeds the number of quali- 1184(g)(4)) with respect to the duration of au- follows: fied immigrants who may otherwise be thorized stay shall not apply to any non- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- issued such visas, the visas made available immigrant alien previously issued a visa or PETITIVE GRANT PROGRAM FOR K–12 MATH, under that paragraph shall be issued without otherwise provided nonimmigrant status SCIENCE AND TECHNOLOGY EDUCATION.— regard to the numerical limitation under under section 101(a)(15)(H)(i)(b) of that Act ‘‘(A) IN GENERAL.—15 percent of the paragraph (2) of this subsection during the on whose behalf a petition under section amounts deposited into the H–1B Non- remainder of the calendar quarter. 204(b) of that Act to accord the alien immi- immigrant Petitioner Account shall remain ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN grant status under section 203(b) of that Act, available to the Director of the National COUNTRIES SUBJECT TO SUBSECTION (E).—In the or an application for adjustment of status Science Foundation until expended to carry case of a foreign state or dependent area to under section 245 of that Act to accord the out a direct or matching grant program to which subsection (e) applies, if the total alien status under such section 203(b), has support private-public partnerships in K–12 number of visas issued under section 203(b) been filed, if 365 days or more have elapsed education. exceeds the maximum number of visas that since— ‘‘(B) TYPES OF PROGRAMS COVERED.—The may be made available to immigrants of the (1) the filing of a labor certification appli- Director shall award grants to such pro- state or area under section 203(b) consistent cation on the alien’s behalf (if such certifi- grams, including those which support the de- with subsection (e) (determined without re- cation is required for the alien to obtain sta- velopment and implementation of standards- gard to this paragraph), in applying sub- tus under such section 203(b)); or based instructional materials models and re- section (e) all visas shall be deemed to have (2) the filing of the petition under such sec- lated student assessments that enable K–12 been required for the classes of aliens speci- tion 204(b). fied in section 203(b).’’. students to acquire an understanding of (b) EXTENSION OF H1–B WORKER STATUS.— science, mathematics, and technology, as (b) CONFORMING AMENDMENTS.— The Attorney General shall extend the stay (1) Section 202(a)(2) of the Immigration and well as to develop critical thinking skills; of an alien who qualifies for an exemption provide systemic improvement in training Nationality Act (8 U.S.C. 1152(a)(2)) is under subsection (a) in one-year increments amended by striking ‘‘paragraphs (3) and (4)’’ K–12 teachers and education for students in until such time as a final decision is made on science, mathematics, and technology; sup- and inserting ‘‘paragraphs (3), (4), and (5)’’. the alien’s lawful permanent residence. (2) Section 202(e)(3) of the Immigration and port the professional development of K–12 Nationality Act (8 U.S.C. 1152(e)(3)) is SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS math and science teachers in the uses of AND AUTHORITIES THROUGH FIS- technology in the classroom; stimulate sys- amended by striking ‘‘the proportion of the CAL YEAR 2002. visa numbers’’ and inserting ‘‘except as pro- tem-wide K–12 reform of science, mathe- (a) ATTESTATION REQUIREMENTS.—Section vided in subsection (a)(5), the proportion of matics, and technology in rural, economi- 212(n)(1)(E)(ii)) of the Immigration and Na- the visa numbers’’. cally disadvantaged regions of the United tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is (c) ONE-TIME PROTECTION UNDER PER COUN- States; provide externships and other oppor- amended by striking ‘‘October 1, 2001’’ and TRY CEILING.—Notwithstanding section tunities for students to increase their appre- inserting ‘‘October 1, 2002’’. 214(g)(4) of the Immigration and Nationality ciation and understanding of science, mathe- Act (8 U.S.C. 1184(g)(4)), any alien who— (b) DEPARTMENT OF LABOR INVESTIGATIVE matics, engineering, and technology (includ- (1) is the beneficiary of a petition filed AUTHORITIES.—Section 413(e)(2) of the Amer- ing summer institutes sponsored by an insti- under section 204(a) of that Act for a pref- ican Competitiveness and Workforce Im- tution of higher education for students in erence status under paragraph (1), (2), or (3) provement Act of 1998 (as contained in title grades 7–12 that provide instruction in such of section 203(b) of that Act; and IV of division C of Public Law 105–277) is fields); involve partnerships of industry, edu- (2) would be subject to the per country lim- amended by striking ‘‘September 30, 2001’’ cational institutions, and community orga- itations applicable to immigrants but for and inserting ‘‘September 30, 2002’’. nizations to address the educational needs of this subsection, SEC. 8. RECOVERY OF VISAS USED FRAUDU- disadvantaged communities; provide college LENTLY. preparatory support to expose and prepare may apply for, and the Attorney General students for careers in science, mathematics, may grant, an extension of such non- Section 214(g)(3) of the Immigration and engineering, and technology; and provide for immigrant status until the alien’s applica- Nationality Act (8 U.S.C. 1184 (g)(3)) is carrying out systemic reform activities tion for adjustment of status has been proc- amended to read as follows: under section 3(a)(1) of the National Science essed and a decision made thereon. ‘‘(3) Aliens who are subject to the numer- ical limitations of paragraph (1) shall be Foundation Act of 1950 (42 U.S.C. SEC. 5. INCREASED PORTABILITY OF H–1B STA- 1862(a)(1)).’’; TUS. issued visas (or otherwise provided non- (4) in paragraph (6), by striking ‘‘6 per- (a) IN GENERAL.—Section 214 of the Immi- immigrant status) in the order in which peti- cent’’ and inserting ‘‘5 percent’’; and gration and Nationality Act (8 U.S.C. 1184) is tions are filed for such visas or status. If an (5) in paragraph (6), by striking ‘‘3 per- amended by adding at the end the following alien who was issued a visa or otherwise pro- cent’’ each place it appears and inserting new subsection: vided nonimmigrant status and counted against the numerical limitations of para- ‘‘2.5 percent’’. ‘‘(m)(1) A nonimmigrant alien described in (b) LOW-INCOME SCHOLARSHIP PROGRAM.— paragraph (2) who was previously issued a graph (1) is found to have been issued such visa or otherwise provided such status by Section 414(d)(3) of the American Competi- visa or otherwise provided nonimmigrant tiveness and Workforce Improvement Act of status under section 101(a)(15)(H)(i)(b) is au- fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is 1998 (as contained in title IV of division C of thorized to accept new employment upon the Public Law 105–277) is amended by striking filing by the prospective employer of a new revoked, then one number shall be restored to the total number of aliens who may be ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per petition on behalf of such nonimmigrant as year. The Director may renew scholarships provided under subsection (a). Employment issued visas or otherwise provided such sta- tus under the numerical limitations of para- for up to 4 years.’’. authorization shall continue for such alien (c) REPORTING REQUIREMENT.—Section 414 graph (1) in the fiscal year in which the peti- until the new petition is adjudicated. If the of the American Competitiveness and Work- tion is revoked, regardless of the fiscal year new petition is denied, such authorization force Improvement Act of 1998 (as contained in which the petition was approved.’’. shall cease. in title IV of division C of Public Law 105– ‘‘(2) A nonimmigrant alien described in SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- this paragraph is a nonimmigrant alien— ITAL DIVIDE’’. lowing new subsection: ‘‘(A) who has been lawfully admitted into (a) STUDY.—The National Science Founda- ‘‘(e) REPORTING REQUIREMENT.—The Sec- the United States; tion shall conduct a study of the divergence retary of Labor and the Director of the Na- ‘‘(B) on whose behalf an employer has filed in access to high technology (commonly re- tional Science Foundation shall— a nonfrivolous petition for new employment ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of before the date of expiration of the period of United States. programs receiving H–1B Nonimmigrant Fee stay authorized by the Attorney General; (b) REPORT.—Not later than 18 months grant money; and and after the date of enactment of this Act, the ‘‘(2) not later than one year after the date ‘‘(C) who has not been employed without Director of the National Science Foundation of enactment of this subsection, submit a re- authorization before or during the pendency shall submit a report to Congress setting port to the Committees on the Judiciary of of such petition for new employment in the forth the findings of the study conducted the House of Representatives and the Senate United States.’’. under subsection (a). regarding—

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.044 pfrm02 PsN: S26PT1 S9292 CONGRESSIONAL RECORD — SENATE September 26, 2000 g— or rural area (such as rural telework pro- ‘‘(ii) include an agreement that the pro- performance of programs receiving H–1B grams) basis. gram or project shall be subject to evalua- grant funding; and ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL tion by the Secretary of Labor to measure ‘‘(B) the number of individuals who have AGENTS.—Each partnership formed under its effectiveness. completed training and have entered the subparagraph (A) shall designate a respon- ‘‘(5) MATCHING FUNDS.—Each application high-skill workforce through these pro- sible fiscal agent to receive and disburse for a grant to carry out a program or project grams.’’. grant funds under this subsection. described in paragraph (1)(A) shall state the SEC. 11. DEMONSTRATION PROGRAMS AND ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- manner by which the partnership will pro- PROJECTS TO PROVIDE TECHNICAL sideration in the awarding of grants shall be vide non-Federal matching resources (cash, SKILLS TRAINING FOR WORKERS. given to any partnership that involves and or in-kind contributions, or both) equal to at Section 414(c) of the American Competi- directly benefits more than one small busi- least 50 percent of the total grant amount tiveness and Workforce Improvement Act of ness (each consisting of 100 employees or awarded under paragraph (2)(A)(i), and at 1998 (as contained in title IV of division C of less). least 100 percent of the total grant amount Public Law 105–277; 112 Stat. 2681–653) is ‘‘(D) ALLOCATION OF GRANTS.—In making awarded under paragraph (2)(A)(ii). At least amended to read as follows: one-half of the non-Federal matching funds ‘‘(c) DEMONSTRATION PROGRAMS AND grants under this paragraph, the Secretary shall be from the business or businesses or PROJECTS TO PROVIDE TECHNICAL SKILLS shall make every effort to fairly distribute business-related nonprofit organizations in- TRAINING FOR WORKERS.— grants across rural and urban areas, and volved. Consideration in the award of grants ‘‘(1) IN GENERAL.— across the different geographic regions of the shall be given to applicants that provide a ‘‘(A) FUNDING.—The Secretary of Labor United States. The total amount of grants shall use funds available under section awarded to carry out programs and projects specific commitment or commitments of re- 286(s)(2) of the Immigration and Nationality described in paragraph (1)(A) shall be allo- sources from other public or private sources, Act (8 U.S.C. 1356(s)(2)) to establish dem- cated as follows: or both, so as to demonstrate the long-term onstration programs or projects to provide ‘‘(i) At least 80 percent of the grants shall sustainability of the training program or technical skills training for workers, includ- be awarded to programs and projects that project after the grant expires. ing both employed and unemployed workers. train employed and unemployed workers in ‘‘(6) ADMINISTRATIVE COSTS.—An entity ‘‘(B) TRAINING PROVIDED.—Training funded skills that are in shortage in high tech- that receives a grant to carry out a program by a program or project described in sub- nology, information technology, and bio- or project described in paragraph (1)(A) may paragraph (A) shall be for persons who are technology, including skills needed for soft- not use more than 10 percent of the amount currently employed and who wish to obtain ware and communications services, tele- of the grant to pay for administrative costs and upgrade skills as well as for persons who communications, systems installation and associated with the program or project.’’. are unemployed. Such training is not limited integration, computers and communications SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- to skill levels commensurate with a four- hardware, advanced manufacturing, health PUTER EDUCATION INITIATIVE. year undergraduate degree, but should in- care technology, biotechnology and bio- (a) SHORT TITLE.—This section may be clude the preparation of workers for a broad medical research and manufacturing, and in- cited as the ‘‘Kids 2000 Act’’. range of positions along a career ladder. Con- novation services. sideration shall be given to the use of grant ‘‘(ii) No more than 20 percent of the grants (b) FINDINGS.—Congress makes the fol- funds to demonstrate a significant ability to shall be available to programs and projects lowing findings: expand a training program or project that train employed and unemployed work- (1) There is an increasing epidemic of juve- through such means as training more work- ers for skills related to any H–1B skill short- nile crime throughout the United States. ers or offering more courses, and training age. (2) It is well documented that the majority programs or projects resulting from collabo- ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- of juvenile crimes take place during after- rations, especially with more than one small graph (D)(ii), the term ‘H–1B skill shortage’ school hours. business or with a labor-management train- means a shortage of skills necessary for em- (3) Knowledge of technology is becoming ing program or project. All training shall be ployment in a specialty occupation, as de- increasingly necessary for children in school justified with evidence of skill shortages as fined in section 214(i) of the Immigration and and out of school. demonstrated through reliable regional, Nationality Act. (4) The Boys and Girls Clubs of America State, or local data. ‘‘(3) START-UP FUNDS.— have 2,700 clubs throughout all 50 States, ‘‘(2) GRANTS.— ‘‘(A) IN GENERAL.—Except as provided in serving over 3,000,000 boys and girls pri- ‘‘(A) ELIGIBILITY.—To carry out the pro- subparagraph (B), not more than 5 percent of marily from at-risk communities. grams and projects described in paragraph any single grant, or not to exceed $75,000, (5) The Boys and Girls Clubs of America (1)(A), the Secretary of Labor shall, in con- whichever is less, may be used toward the have the physical structures in place for im- sultation with the Secretary of Commerce, start-up costs of partnerships or new train- mediate implementation of an after-school subject to the availability of funds in the H– ing programs and projects. technology program. 1B Nonimmigrant Petitioner Account, ‘‘(B) EXCEPTION.—In the case of partner- (6) Building technology centers and pro- award— ships consisting primarily of small busi- viding integrated content and full-time staff- ‘‘(i) 75 percent of the grants to a local nesses, not more than 10 percent of any sin- ing at those centers in the Boys and Girls workforce investment board established gle grant, or $150,000, whichever is less, may Clubs of America nationwide will help foster under section 117 of the Workforce Invest- be used toward the start-up costs of partner- education, job training, and an alternative ment Act of 1998 (29 U.S.C. 2832) or consortia ships or new training programs and projects. to crime for at-risk youth. of such boards in a region. Each workforce ‘‘(C) DURATION OF START-UP PERIOD.—For (7) Partnerships between the public sector investment board or consortia of boards re- purposes of this subsection, a start-up period and the private sector are an effective way of ceiving grant funds shall represent a local or consists of a period of not more than 2 providing after-school technology programs regional public-private partnership con- months after the grant period begins, at in the Boys and Girls Clubs of America. sisting of at least— which time training shall immediately begin (8) PowerUp: Bridging the Digital Divide is ‘‘(I) one workforce investment board; and no further Federal funds may be used for an entity comprised of more than a dozen ‘‘(II) one community-based organization or start-up purposes. nonprofit organizations, major corporations, higher education institution or labor union; ‘‘(4) TRAINING OUTCOMES.— and Federal agencies that have joined to- and ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS gether to launch a major new initiative to ‘‘(III) one business or business-related non- AND PROJECTS.—Consideration in the award- help ensure that America’s underserved profit organization such as a trade associa- ing of grants shall be given to applicants young people acquire the skills, experiences, tion; and that provide a specific, measurable commit- and resources they need to succeed in the ‘‘(ii) 25 percent of the grants under the Sec- ment upon successful completion of a train- digital age. retary of Labor’s authority to award grants ing course, to— (9) Bringing PowerUp into the Boys and for demonstration projects or programs ‘‘(i) hire or effectuate the hiring of unem- Girls Clubs of America will be an effective under section 171 of the Workforce Invest- ployed trainees (where applicable); way to ensure that our youth have a safe, ment Act (29 U.S.C. 2916) to partnerships ‘‘(ii) increase the wages or salary of incum- crime-free environment in which to learn the that shall consist of at least 2 businesses or bent workers (where applicable); and technological skills they need to close the a business-related nonprofit organization ‘‘(iii) provide skill certifications to train- divide between young people who have access that represents more than one business, and ees or link the training to industry-accepted to computer-based information and tech- that may include any educational, labor, occupational skill standards, certificates, or nology-related skills and those who do not. community organization, or workforce in- licensing requirements. (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO vestment board, except that such grant ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- THE BOYS AND GIRLS CLUBS OF AMERICA.— funds may be used only to carry out a strat- TIONS.—Applications for grants shall— (1) PURPOSES.—The Attorney General shall egy that would otherwise not be eligible for ‘‘(i) articulate the level of skills that work- make grants to the Boys and Girls Clubs of funds provided under clause (i), due to bar- ers will be trained for and the manner by America for the purpose of funding effective riers in meeting those partnership eligibility which attainment of those skills will be after-school technology programs, such as criteria, on a national, multistate, regional, measured; and PowerUp, in order to provide—

VerDate 26-SEP-2000 04:28 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.044 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9293 (A) constructive technology-focused activi- KERRY AMENDMENTS NOS. 4206– treatment is not being paid through any ties that are part of a comprehensive pro- 4207 Federal or State public health assistance, gram to provide access to technology and that the alien’s account has no outstanding technology training to youth during after- Ordered to lie on the table.) balance, and that such facility will notify school hours, weekends, and school vaca- Mr. KERRY submitted two amend- the Service when the alien is released or tions; ments intended to be proposed by him treatment is terminated; and (B) supervised activities in safe environ- to the bill, S. 2045, supra; as follows: (III) evidence of financial ability to sup- ments for youth; and AMENDMENT NO. 4206 port the alien’s day-to-day expenses while in (C) full-time staffing with teachers, tutors, the United States (including the expenses of and other qualified personnel. On page 17, strike lines 3 through 12 and in- any family member described in clause (ii)) sert the following: (2) SUBAWARDS.—The Boys and Girls Clubs and evidence that any such alien or family of America shall make subawards to local SEC. 9. STUDY AND REPORT ON THE ‘‘DIGITAL DI- member is not receiving any form of public boys and girls clubs authorizing expenditures VIDE’’. assistance; or associated with providing technology pro- (a) STUDY.—The Secretary of Commerce (ii) who— grams such as PowerUp, including the hiring shall conduct a review of existing public and (I) is a spouse, parent, brother, sister, son, of teachers and other personnel, procure- private high-tech workforce training pro- daughter, or other family member of a prin- ment of goods and services, including com- grams in the United States. cipal alien described in clause (i); and puter equipment, or such other purposes as (b) REPORT.—Not later than 18 months (II) entered the United States accom- are approved by the Attorney General. after the date of enactment of this Act, the panying, and with the same status as, such (d) APPLICATIONS.— Secretary of Commerce shall submit a report principal alien. (1) ELIGIBILITY.—In order to be eligible to to Congress setting forth the findings of the (C) WAIVER LIMITATIONS.— receive a grant under this section, an appli- study conducted under subsection (a). (i) Waivers under subparagraph (B) may be cant for a subaward (specified in subsection granted only upon a request submitted by a (c)(2)) shall submit an application to the AMENDMENT NO. 4207 Service district office to Service head- Boys and Girls Clubs of America, in such At the appropriate place, insert the fol- quarters. form and containing such information as the lowing: (ii) Not more than 300 waivers may be Attorney General may reasonably require. SEC. 9. STUDY AND REPORT ON THE ‘‘DIGITAL DI- granted for any fiscal year for a principal (2) APPLICATION REQUIREMENTS.—Each ap- VIDE’’. alien under subparagraph (B)(i). plication submitted in accordance with para- (a) STUDY.—The Secretary of Commerce (iii)(I) Except as provided in subclause (II), graph (1) shall include— shall conduct a review of existing public and in the case of each principal alien described (A) a request for a subgrant to be used for private high-tech workforce training pro- in subparagraph (B)(i) not more than one the purposes of this section; grams in the United States. adult may be granted a waiver under sub- (B) a description of the communities to be (b) REPORT.—Not later than 18 months paragraph (B)(ii). served by the grant, including the nature of after the date of enactment of this Act, the (II) Not more than two adults may be juvenile crime, violence, and drug use in the Secretary of Commerce shall submit a report granted a waiver under subparagraph (B)(ii) communities; to Congress setting forth the findings of the in a case in which— (C) written assurances that Federal funds study conducted under subsection (a). (aa) the principal alien described in sub- received under this section will be used to paragraph (B)(i) is a dependent under the age supplement and not supplant, non-Federal HUTCHISON AMENDMENT NO. 4208 of 18; or funds that would otherwise be available for (bb) one such adult is age 55 or older or is activities funded under this section; (Ordered to lie on the table.) physically handicapped. (D) written assurances that all activities Mrs. HUTCHISON submitted an (D) REPORT TO CONGRESS; SUSPENSION OF funded under this section will be supervised amendment intended to be proposed by WAIVER AUTHORITY.— by qualified adults; her to the bill, S. 2045, supra; as fol- (i) Not later than March 30 of each year, (E) a plan for assuring that program activi- lows: the Commissioner shall submit to the Con- ties will take place in a secure environment gress an annual report regarding all waivers At the appropriate place, insert: that is free of crime and drugs; granted under subparagraph (B) during the (F) a plan outlining the utilization of con- SECTION 1. SHORT TITLE. preceding fiscal year. tent-based programs such as PowerUp, and This title may be cited as the ‘‘Inter- (ii) Notwithstanding any other provision of the provision of trained adult personnel to national Patient Act of 2000’’. law, the authority of the Attorney General supervise the after-school technology train- SEC. 2. THREE-YEAR PILOT PROGRAM TO EX- under subparagraph (B) shall be suspended ing; and TEND VOLUNTARY DEPARTURE PE- during any period in which an annual report (G) any additional statistical or financial RIOD FOR CERTAIN NONIMMIGRANT under clause (i) is past due and has not been information that the Boys and Girls Clubs of ALIENS REQUIRING MEDICAL submitted. TREATMENT WHO WERE ADMITTED America may reasonably require. UNDER VISA WAIVER PILOT PRO- (e) GRANT AWARDS.—In awarding subgrants GRAM. STRENGTHENING ABUSE AND under this section, the Boys and Girls Clubs Section 240B(a)(2) of the Immigration and NEGLECT COURTS ACT OF 2000 of America shall consider— Nationality Act (8 U.S.C. 1229c(a)(2)) is (1) the ability of the applicant to provide amended to read as follows: the intended services; (2) PERIOD.— (2) the history and establishment of the ap- (A) IN GENERAL.—Subject to subparagraph DEWINE AMENDMENT NO. 4209 plicant in providing youth activities; and (B), permission to depart voluntarily under Mr. GORTON (for Mr. DEWINE) pro- (3) the extent to which services will be pro- this subsection shall not be valid for a period vided in crime-prone areas and techno- posed an amendment to the bill (S. exceeding 120 days. 2272) to improve the administrative ef- logically underserved populations, and ef- (B) 3–YEAR PILOT PROGRAM WAIVER.—During forts to achieve an equitable geographic dis- the period October 1, 2000, through Sep- ficiency and effectiveness of the Na- tribution of the grant awards. tember 30, 2003, and subject to subparagraphs tion’s abuse and neglect courts and for (f) AUTHORIZATION OF APPROPRIATIONS.— (C) and (D)(ii), the Attorney General may, in other purposes consistent with the (1) IN GENERAL.—There is authorized to be the discretion of the Attorney General for Adoption and Safe Families Act of 1997; appropriated $20,000,000 for each of the fiscal humanitarian purposes, waive application of as follows: years 2001 through 2006 to carry out this sec- subparagraph (A) in the case of an alien— On page 23, line 4, strike ‘‘fiscal year 2001’’ tion. (i) who was admitted to the United States and insert ‘‘the period of fiscal years 2001 and (2) SOURCE OF FUNDS.—Funds to carry out as a nonimmigrant visitor (described in sec- 2002’’. this section may be derived from the Violent tion 101(a)(15)(B) under the provisions of the On page 24, line 13, strike ‘‘fiscal year 2001’’ Crime Reduction Trust Fund. visa waiver pilot program established pursu- and insert ‘‘the period of fiscal years 2001 and (3) CONTINUED AVAILABILITY.—Amounts ant to section 217, seeks the waiver for the 2002’’. made available under this subsection shall purpose of continuing to receive medical remain available until expended. treatment in the United States from a physi- SEC. 13. SEVERABILITY. cian associated with a health care facility, HEALTH CARE PROVIDER BILL OF If any provision of this Act (or any amend- and submits to the Attorney General— RIGHTS ment made by this Act) or the application (I) a detailed diagnosis statement from the thereof to any person or circumstance is held physician, which includes the treatment invalid, the remainder of the Act (and the being sought and the expected time period ABRAHAM (AND MURKOWSKI) amendments made by this Act) and the ap- the alien will be required to remain in the AMENDMENT NO. 4210 plication of such provision to any other per- United States; son or circumstance shall not be affected (II) a statement from the health care facil- (Ordered referred to the Committee thereby. ity containing an assurance that the alien’s on Finance.)

VerDate 26-SEP-2000 04:28 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.044 pfrm02 PsN: S26PT1 S9294 CONGRESSIONAL RECORD — SENATE September 26, 2000 Mr. ABRAHAM (for himself and Mr. view letter to a physician, that contractor ‘‘(1) in applying such provisions with re- MURKOWSKI) submitted an amendment often has no telephone or face-to-face com- spect to this title, any reference therein to intended to be proposed by them to the munication with the physician, provider of the Commissioner of Social Security or the bill (S. 2999) to amend title XVIII of the services, or supplier. Social Security Administration shall be con- (5) The Health Care Financing Administra- sidered a reference to the Secretary or the Social Security Act to reform the regu- tion targets billing errors as though health Department of Health and Human Services, latory processes used by the Health care providers have committed fraudulent respectively; and Care Financing Administration to ad- acts, but has not adequately educated physi- ‘‘(2) section 205(h) shall not apply with re- minister the Medicare Program, and cians, providers of services, and suppliers re- spect to any action brought against the Sec- for other purposes; as follows: garding medicare billing requirements. retary under section 1331 or 1346 of title 28, Strike all after the enacting clause and in- (6) The Office of the Inspector General of United States Code, regardless of whether sert the following: the Department of Health and Human Serv- such action is unrelated to a specific deter- ices found that 75 percent of surveyed physi- mination of the Secretary, that challenges— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cians had never received any educational ‘‘(A) the constitutionality of substantive (a) SHORT TITLE.—This Act may be cited as materials from a Health Care Financing Ad- or interpretive rules of general applicability the ‘‘Health Care Providers Bill of Rights ministration contractor concerning the issued by the Secretary; Act of 2000’’. equipment and supply ordering process. ‘‘(B) the Secretary’s statutory authority to (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: SEC. 3. DEFINITIONS. promulgate such substantive or interpretive In this Act: rules of general applicability; or Sec. 1. Short title; table of contents. (1) APPLICABLE AUTHORITY.—The term ‘‘ap- ‘‘(C) a finding of good cause under subpara- Sec. 2. Findings. plicable authority’’ has the meaning given graph (B) of the sentence following section Sec. 3. Definitions. such term in section 1861(uu)(1) of the Social 553(b)(3) of title 5, United States Code, if used TITLE I—REGULATORY REFORM Security Act (as added by section 202). in the promulgation of substantive or inter- Sec. 101. Prospective application of certain (2) CARRIER.—The term ‘‘carrier’’ means a pretive rules of general applicability issued regulations. carrier (as defined in section 1842(f) of the by the Secretary.’’. Sec. 102. Requirements for judicial and regu- Social Security Act (42 U.S.C. 1395u(f))) with (b) ADMINISTRATIVE AND JUDICIAL REVIEW latory challenges of regula- a contract under title XVIII of such Act to OF SECRETARY DETERMINATIONS.—Section tions. administer benefits under part B of such 1866(h) of the Act (42 U.S.C. 1395cc(h)) is Sec. 103. Prohibition of recovering past title. amended— overpayments by certain (3) EXTRAPOLATION.—The term ‘‘extrapo- (1) by striking paragraph (1) and inserting means. lation’’ has the meaning given such term in the following new paragraph: Sec. 104. Prohibition of recovering past section 1861(uu)(2) of the Social Security Act ‘‘(1) Except as provided in paragraph (3), an overpayments if appeal pend- (as added by section 202). institution or agency dissatisfied with a de- ing. (4) FISCAL INTERMEDIARY.—The term ‘‘fis- termination by the Secretary that it is not a TITLE II—APPEALS PROCESS REFORMS cal intermediary’’ means a fiscal inter- provider of services or with a determination Sec. 201. Reform of post-payment audit proc- mediary (as defined in section 1816(a) of the described in subsection (b)(2) (regardless of whether such determination has been made ess. Social Security Act (42 U.S.C. 1395h(a))) with Sec. 202. Definitions relating to protections an agreement under section 1816 of such Act by the Secretary or by a State pursuant to for physicians, suppliers, and to administer benefits under part A or B of an agreement entered into with the Sec- providers of services. such title. retary under section 1864 and regardless of whether the Secretary has imposed or may Sec. 203. Right to appeal on behalf of de- (5) HEALTH CARE PROVIDER.—The term ceased beneficiaries. ‘‘health care provider’’ has the meaning impose a remedy, penalty, or other sanction given the term ‘‘eligible provider’’ in section on the institution or agency in connection TITLE III—EDUCATION COMPONENTS with such determination) shall be entitled to Sec. 301. Designated funding levels for pro- 1897(a)(2) of the Social Security Act (as added by section 301). a hearing thereon by the Secretary (after vider education. reasonable notice) to the same extent as is Sec. 302. Advisory opinions. (6) MEDICARE PROGRAM.—The term ‘‘medi- care program’’ means the health benefits provided in section 205(b), and to judicial re- TITLE IV—SUSTAINABLE GROWTH RATE program under title XVIII of the Social Se- view of the Secretary’s final decision after REFORMS curity Act (42 U.S.C. 1395 et seq.). such hearing as is provided in section 205(g), except that in so applying such sections and Sec. 401. Inclusion of regulatory costs in the (7) PREPAYMENT REVIEW.—The term ‘‘pre- calculation of the sustainable payment review’’ has the meaning given in applying section 205(l) thereto, any ref- growth rate. such term in section 1861(uu)(3) of the Social erence therein to the Commissioner of Social TITLE V—STUDIES AND REPORTS Security Act (as added by section 202). Security or the Social Security Administra- tion shall be considered a reference to the Sec. 501. GAO audit and report on compli- (8) SECRETARY.—The term ‘‘Secretary’’ Secretary or the Department of Health and ance with certain statutory ad- means the Secretary of Health and Human Human Services, respectively, and such hear- ministrative procedure require- Services. ings are subject to the deadlines in para- ments. TITLE I—REGULATORY REFORM graph (2) hereof.’’; Sec. 502. GAO study and report on provider SEC. 101. PROSPECTIVE APPLICATION OF CER- (2) by redesignating paragraph (2) as para- participation. TAIN REGULATIONS. graph (3); and Sec. 503. GAO audit of random sample au- Section 1871(a) of the Social Security Act (3) by inserting after paragraph (1) the fol- dits. (42 U.S.C. 1395hh(a)) is amended by adding at lowing new paragraph: SEC. 2. FINDINGS. the end the following new paragraph: ‘‘(2)(A)(i) Except as provided in clause (ii), Congress finds the following: ‘‘(3) Any regulation described under para- an administrative law judge shall conduct (1) Physicians, providers of services, and graph (2) may not take effect earlier than and conclude a hearing on a determination suppliers of medical equipment and supplies the date on which such regulation becomes a described in subsection (b)(2) and render a that participate in the medicare program final regulation. Any regulation described decision on such hearing by not later than under title XVIII of the Social Security Act under such paragraph that applies to an the end of the 90-day period beginning on the must contend with over 100,000 pages of com- agency action, including any agency deter- date a request for hearing has been timely plex medicare regulations, most of which are mination, shall only apply as that regulation filed. unknowable to the average health care pro- is in effect at the time that agency action is ‘‘(ii) The 90-day period under subclause (I) vider. taken.’’. shall not apply in the case of a motion or (2) Many physicians are choosing to dis- SEC. 102. REQUIREMENTS FOR JUDICIAL AND stipulation by the party requesting the hear- continue participation in the medicare pro- REGULATORY CHALLENGES OF REG- ing to waive such period. gram to avoid becoming the target of an ULATIONS. ‘‘(B) The Department Appeals Board of the overzealous Government investigation re- (a) RIGHT TO CHALLENGE CONSTITU- Department of Health and Human Services garding compliance with the extensive regu- TIONALITY AND STATUTORY AUTHORITY OF shall conduct and conclude a review of the lations governing the submission and pay- HCFA REGULATIONS.—Section 1872 of the So- decision on a hearing described in subpara- ment of medicare claims. cial Security Act (42 U.S.C. 1395ii) is amend- graph (A) and make a decision or remand the (3) Health Care Financing Administration ed to read as follows: case to the administrative law judge for re- contractors send post-payment review let- ‘‘APPLICATION OF CERTAIN PROVISIONS OF consideration by not later than the end of ters to physicians that require the physician TITLE II the 90-day period beginning on the date a re- to submit to additional substantial Govern- ‘‘SEC. 1872. The provisions of sections 206 quest for review has been timely filed. ment interference with the practice of the and 216(j), and of subsections (a), (d), (e), (h), ‘‘(C) In the case of a failure by an adminis- physician in order to preserve the physi- (i), (j), (k), and (l) of section 205, shall also trative law judge to render a decision by the cian’s right to due process. apply with respect to this title to the same end of the period described in clause (i), the (4) When a Health Care Financing Adminis- extent as they are applicable with respect to party requesting the hearing may request a tration contractor sends a post-payment re- title II, except that— review by the Departmental Appeals Board

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.052 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9295 of the Departmental of Health and Human ‘‘(ii) If a physician returns an overpayment ated with the amount the provider of serv- Services, notwithstanding any requirements under clause (i), neither the carrier nor the ices has repaid. for a hearing for purposes of the party’s right contractor under section 1893 may begin an ‘‘(C) The fiscal intermediary or a con- to such a review. investigation or target such physician based tractor under section 1893 may not recoup or ‘‘(D) In the case of a request described in on any claim associated with the amount the offset payment amounts based on extrapo- clause (iii), the Departmental Appeals Board physician has repaid. lation (as defined in section 1861(uu)(2)) if shall review the case de novo. In the case of ‘‘(C) The carrier or a contractor under sec- the provider of services has not been the sub- the failure of the Departmental Appeals tion 1893 may not recoup or offset payment ject of a post-payment audit. Board to render a decision on such hearing amounts based on extrapolation (as defined ‘‘(D) As part of any written consent settle- by not later than the end of the 60-day period in section 1861(uu)(2)) if the physician has ment communication, the fiscal inter- beginning on the date a request for such a not been the subject of a post-payment mediary or a contractor under section 1893 Department Appeals Board hearing has been audit. shall clearly state that the provider of serv- filed, the party requesting the hearing may ‘‘(D) As part of any written consent settle- ices may submit additional information (in- cluding evidence other than medical records) seek judicial review of the Secretary’s deci- ment communication, the carrier or a con- to dispute the overpayment amount without sion, notwithstanding any requirements for tractor under section 1893 shall clearly state waiving any administrative remedy or right a hearing for purposes of the party’s right to that the physician may submit additional in- formation (including evidence other than to appeal the amount of the overpayment. such review. ‘‘(E) As part of the administrative appeals medical records) to dispute the overpayment ‘‘(E) In the case of a request described in process for any amount in controversy, a amount without waiving any administrative clause (iv), the court shall review the case de provider of services may directly appeal any novo.’’. remedy or right to appeal the amount of the adverse determination of the fiscal inter- SEC. 103. PROHIBITION OF RECOVERING PAST overpayment. mediary or a contractor under section 1893 to ‘‘(E) As part of the administrative appeals OVERPAYMENTS BY CERTAIN an administrative law judge. MEANS. process for any amount in controversy, a ‘‘(F)(i) Each consent settlement commu- (a) IN GENERAL.—Except as provided in physician may directly appeal any adverse nication from the fiscal intermediary or a subsection (b) and notwithstanding sections determination of the carrier or a contractor contractor under section 1893 shall clearly 1815(a), 1842(b), and 1861(v)(1)(A)(ii) of the So- under section 1893 to an administrative law state that prepayment review (as defined in cial Security Act (42 U.S.C. 1395g(a), 1395u(a), judge. section 1861(uu)(3)) may be imposed where and 1395x(v)(1)(A)(ii)), or any other provision ‘‘(F)(i) Each consent settlement commu- the provider of services submits an actual or of law, for purposes of applying sections nication from the carrier or a contractor projected repayment to the fiscal inter- 1842(b)(3)(B)(ii), 1866(a)(1)(B)(ii), 1870, and 1893 under section 1893 shall clearly state that mediary or a contractor under section 1893. of such Act (42 U.S.C. 1395u(b)(3)(B)(ii), prepayment review (as defined in section Any prepayment review shall cease if the 1395cc(a)(1)(B)(ii), 1395gg, and 1395ddd), the 1861(uu)(3)) may be imposed where the physi- provider of services demonstrates to the fis- Secretary may not offset any future pay- cian submits an actual or projected repay- cal intermediary that the provider of serv- ment to a health care provider to recoup a ment to the carrier or a contractor under ices has properly submitted clean claims (as previously made overpayment, but instead section 1893. Any prepayment review shall defined in subsection (c)(2)(B)(i)). shall establish a repayment plan to recoup cease if the physician demonstrates to the ‘‘(ii) Prepayment review may not be ap- such an overpayment. carrier that the physician has properly sub- plied as a result of an action under section (b) EXCEPTION.—This section shall not mitted clean claims (as defined in section 201(a), 301(b), or 302. apply to cases in which the Secretary finds 1816(c)(2)(B)(i)). ‘‘(2) If a fiscal intermediary or a contractor evidence of fraud or similar fault on the part ‘‘(ii) Prepayment review may not be ap- under section 1893 identifies (before or during of such provider. plied as a result of an action under section post-payment review activities) that a pro- 201(a), 301(b), or 302. vider of services has submitted a claim with SEC. 104. PROHIBITION OF RECOVERING PAST a coding, documentation, or billing incon- OVERPAYMENTS IF APPEAL PEND- ‘‘(2) If a carrier or a contractor under sec- ING. tion 1893 identifies (before or during post- sistency, before sending any written commu- nication to such provider of services, the fis- (a) IN GENERAL.—Notwithstanding any pro- payment review activities) that a physician vision of law, for purposes of applying sec- has submitted a claim with a coding, docu- cal intermediary or a contractor under sec- tions 1842(b)(3)(B)(ii), 1866(a)(1)(B)(ii), 1870, mentation, or billing inconsistency, before tion 1893 shall contact the provider of serv- ices by telephone or in person at place of and 1893 of the Social Security Act (42 U.S.C. sending any written communication to such business of such provider of services during 1395u(b)(3)(B)(ii), 1395cc(a)(1)(B)(ii), 1395gg, physician, the carrier or a contractor under regular business hours and shall— and 1395ddd), the Secretary may not take section 1893 shall contact the physician by ‘‘(i) identify the billing anomaly; any action (or authorize any other person, telephone or in person at the physician’s ‘‘(ii) inform the provider of services of how including any fiscal intermediary, carrier, place of business during regular business to address the anomaly; and and contractor under section 1893 of such Act hours and shall— ‘‘(iii) describe the type of coding or docu- (42 U.S.C. 1395ddd)) to recoup an overpay- ‘‘(i) identify the billing anomaly; mentation that is required for the claim.’’. ment during the period in which a health ‘‘(ii) inform the physician of how to ad- (c) EFFECTIVE DATE.—The amendments care provider is appealing a determination dress the anomaly; and ‘‘(iii) describe the type of coding or docu- made by this section shall take effect 60 days that such an overpayment has been made or after the date of enactment of this Act. the amount of the overpayment. mentation that is required for the claim.’’. (b) COMMUNICATIONS TO PROVIDERS OF SEC. 202. DEFINITIONS RELATING TO PROTEC- (b) EXCEPTION.—This section shall not TIONS FOR PHYSICIANS, SUPPLIERS, apply to cases in which the Secretary finds SERVICES.—Section 1816 of the Social Secu- rity Act (42 U.S.C. 1395h) is amended by add- AND PROVIDERS OF SERVICES. evidence of fraud or similar fault on the part (a) IN GENERAL.—Section 1861 of the Social of such provider. ing at the end the following new subsection: ‘‘(m)(1)(A) Except as provided in paragraph Security Act (42 U.S.C. 1395 et seq.) is TITLE II—APPEALS PROCESS REFORMS (2), in carrying out its agreement under this amended by adding at the end the following SEC. 201. REFORM OF POST-PAYMENT AUDIT section, with respect to payment for items new subsection: PROCESS. and services furnished under this part, the ‘‘Definitions Relating to Protections for (a) COMMUNICATIONS TO PHYSICIANS.—Sec- fiscal intermediary shall provide for the Physicians, Suppliers, and Providers of tion 1842 of the Social Security Act (42 recoupment of overpayments in the manner Services U.S.C. 1395u) is amended by adding at the described in the succeeding subparagraphs ‘‘(uu) For purposes of provisions of this end the following new subsection: if— title relating to protections for physicians, ‘‘(u)(1)(A) Except as provided in paragraph ‘‘(i) the fiscal intermediary or a contractor suppliers of medical equipment and supplies, (2), in carrying out its contract under sub- under section 1893 has not requested any rel- and providers of services: section (b)(3), with respect to physicians’ evant record or file; and ‘‘(1) APPLICABLE AUTHORITY.—The term ‘ap- services, the carrier shall provide for the ‘‘(ii) the case has not been referred to the plicable authority’ means the carrier, con- recoupment of overpayments in the manner Department of Justice or the Office of In- tractor under section 1893, or fiscal inter- described in the succeeding subparagraphs spector General. mediary that is responsible for making any if— ‘‘(B)(i) During the 1-year period beginning determination regarding a payment for any ‘‘(i) the carrier or a contractor under sec- on the date on which a provider of services item or service under the medicare program tion 1893 has not requested any relevant receives an overpayment, the provider of under this title. record or file; and services may return the overpayment to the ‘‘(2) EXTRAPOLATION.—The term ‘extrapo- ‘‘(ii) the case has not been referred to the fiscal intermediary making such overpay- lation’ means the application of an overpay- Department of Justice or the Office of In- ment without any penalty. ment dollar amount to a larger grouping of spector General. ‘‘(ii) If a provider of services returns an physician claims than those in the audited ‘‘(B)(i) During the 1-year period beginning overpayment under clause (i), neither the sample to calculate a projected overpayment on the date on which a physician receives an fiscal intermediary, contractor under section figure. overpayment, the physician may return the 1893, nor any law enforcement agency may ‘‘(3) PREPAYMENT REVIEW.—The term ‘pre- overpayment to the carrier making such begin an investigation or target such pro- payment review’ means the carriers’ and fis- overpayment without any penalty. vider of services based on any claim associ- cal intermediaries’ practice of withholding

VerDate 26-SEP-2000 04:25 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.053 pfrm02 PsN: S26PT1 S9296 CONGRESSIONAL RECORD — SENATE September 26, 2000

claim reimbursements from eligible pro- ‘‘(B) REPAYMENT.—To repay the actual the Social Security Act (42 U.S.C. 1320a– viders even if the claims have been properly overpayment amount if the service was not 7d(b)) is amended— submitted and reflect medical services pro- covered under the medicare program under (1) in paragraph (4), by adding at the end vided.’’. this title or if adequate documentation does the following new subparagraph: SEC. 203. RIGHT TO APPEAL ON BEHALF OF DE- not exist. ‘‘(C) SAFE HARBOR.—If a party requests an CEASED BENEFICIARIES. ‘‘(4) PROHIBITION OF ELIGIBLE PROVIDER advisory opinion under this subsection, nei- Notwithstanding section 1870 of the Social TRACKING.—The applicable authorities may ther the fiscal intermediary, the carrier, nor Security Act (42 U.S.C. 1395gg) or any other not use the record of attendance of any eligi- a contractor under section 1893 may begin an provision of law, the Secretary shall permit ble provider at an education program con- investigation or target such party based on any health care provider to appeal any deter- ducted under this section or the inquiry re- any claim cited in the request.’’; and mination of the Secretary under the medi- garding claims under paragraph (2)(A) to se- (2) in paragraph (6), by striking, ‘‘ and be- care program on behalf of a deceased bene- lect, identify, or track such eligible provider fore the date which is 4 years after such date ficiary where no substitute party is avail- for the purpose of conducting any type of of enactment’’. able. audit or prepayment review.’’. TITLE IV—SUSTAINABLE GROWTH RATE TITLE III—EDUCATION COMPONENTS (b) FUNDING OF EDUCATION PROGRAMS.— REFORMS SEC. 301. DESIGNATED FUNDING LEVELS FOR (1) MEDICARE INTEGRITY PROGRAM.—Section PROVIDER EDUCATION. 1893(b)(4) of the Social Security Act (42 SEC. 401. INCLUSION OF REGULATORY COSTS IN (a) EDUCATION PROGRAMS FOR PHYSICIANS, U.S.C. 1395ddd(b)(4)) is amended by adding at THE CALCULATION OF THE SUS- PROVIDERS OF SERVICES, AND SUPPLIERS.— the end the following new sentence: ‘‘No less TAINABLE GROWTH RATE. Title XVIII of the Social Security Act (42 than 10 percent of the program funds shall be (a) IN GENERAL.—Section 1848(f)(2) of the U.S.C. 1395 et seq.) is amended by adding at devoted to the education programs for eligi- Social Security Act (42 U.S.C. 1395w–4(f)(2)) the end the following new section: ble providers under section 1897.’’. is amended— ‘‘EDUCATION PROGRAMS FOR PHYSICIANS, (2) CARRIERS.—Section 1842(b)(3)(H) of the (1) by redesignating subparagraphs (A) PROVIDERS OF SERVICES, AND SUPPLIERS Social Security Act (42 U.S.C. 1395u(b)(3)(H)) through (D) as clauses (i) through (iv), re- ‘‘SEC. 1897. (a) DEFINITIONS.—In this sec- is amended by adding at the end the fol- spectively; tion: lowing new clause: (2) by striking ‘‘SPECIFICATION OF GROWTH ‘‘(1) EDUCATION PROGRAMS.—The term ‘edu- ‘‘(iii) No less than 2 percent of carrier RATE.—The sustainable growth rate’’ and in- cation programs’ means programs under- funds shall be devoted to the education pro- serting ‘‘SPECIFICATION OF GROWTH RATE.— taken in conjunction with Federal, State, grams for eligible providers under section ‘‘(A) IN GENERAL.—The sustainable growth and local medical societies, specialty soci- 1897.’’. rate’’; and eties, other providers, and the Federal, (3) FISCAL INTERMEDIARIES.—Section (3) by adding at the end the following new State, and local associations of such pro- 1816(b)(1) of the Social Security Act (42 subparagraphs: viders that— U.S.C. 1395h(b)(1)) is amended— ‘‘(B) INCLUSION OF SGR REGULATORY ‘‘(A) focus on current billing, coding, cost (A) in subparagraph (A), by striking ‘‘and’’ COSTS.—The Secretary shall include in the reporting, and documentation laws, regula- at the end; estimate established under clause (iv)— tions, fiscal intermediary and carrier man- (B) in subparagraph (B), by striking ‘‘; ‘‘(i) the costs for each physicians’ service ual instructions; and’’ and inserting a comma; and resulting from any regulation implemented ‘‘(B) place special emphasis on billing, cod- (C) by adding at the end the following new by the Secretary during the year for which ing, cost reporting, and documentation er- subparagraph: the sustainable growth rate is estimated, in- rors that the Secretary has found occur with ‘‘(C) that such agency or organization is cluding those regulations that may be imple- the highest frequency; and using no less than 1 percent of its funding for mented during such year; and ‘‘(C) emphasize remedies for these im- education programs for eligible providers ‘‘(ii) the costs described in subparagraph proper billing, coding, cost reporting, and under section 1897.’’. (C). documentation practices. (c) EFFECTIVE DATE.—The amendments ‘‘(C) INCLUSION OF OTHER REGULATORY ‘‘(2) ELIGIBLE PROVIDERS.—The term ‘eligi- made by this section shall take effect 60 days COSTS.—The costs described in this subpara- ble provider’ means a physician (as defined after the date of enactment of this Act. graph are any per procedure costs incurred in section 1861(r)), a provider of services (as SEC. 302. ADVISORY OPINIONS. by each physicians’ practice in complying defined in section 1861(u)), or a supplier of (a) STRAIGHT ANSWERS.— with each regulation promulgated by the medical equipment and supplies (as defined (1) IN GENERAL.—Fiscal intermediaries and Secretary, regardless of whether such regula- in section 1834(j)(5)). carriers shall do their utmost to provide tion affects the fee schedule established ‘‘(b) CONDUCT OF EDUCATION PROGRAMS.— health care providers with one, straight and under subsection (b)(1). ‘‘(1) IN GENERAL.—Carriers and fiscal inter- correct answer regarding billing and cost re- ‘‘(D) INCLUSION OF COSTS IN REGULATORY IM- mediaries shall conduct education programs porting questions under the medicare pro- PACT ANALYSES.—With respect to any regula- for any eligible provider that submits a gram, and will, when requested, give their tion promulgated on or after January 1, 2001, claim under paragraph (2)(A). true first and last names to providers. that may impose a regulatory cost described ‘‘(2) ELIGIBLE PROVIDER EDUCATION.— (2) WRITTEN REQUESTS.— in subparagraph (B)(i) or (C) on a physician, ‘‘(A) SUBMISSION OF CLAIMS AND RECORDS.— (A) IN GENERAL.—The Secretary shall es- the Secretary shall include in the regulatory Any eligible provider may voluntarily sub- tablish a process under which a health care impact analysis accompanying such regula- mit any present or prior claim or medical provider may request, in writing from a fis- tion an estimate of any such cost.’’. record to the applicable authority (as de- cal intermediary or carrier, assistance in ad- (b) EFFECTIVE DATE.—The amendments fined in section 1861(uu)(1)) to determine dressing questionable coverage, billing, doc- made by subsection (a) shall apply with re- whether the billing, coding, and documenta- umentation, coding and cost reporting proce- spect to any estimate made by the Secretary tion associated with the claim is appro- dures under the medicare program and then of Health and Human Services on or after priate. the fiscal intermediary or carrier shall re- the date of enactment of this Act. ‘‘(B) PROHIBITION OF EXTRAPOLATION.—No spond in writing within 30 business days with TITLE V—STUDIES AND REPORTS claim submitted under subparagraph (A) is the correct billing or procedural answer. subject to any type of extrapolation (as de- (B) USE OF WRITTEN STATEMENT.— SEC. 501. GAO AUDIT AND REPORT ON COMPLI- fined in section 1861(uu)(2)). (i) IN GENERAL.—Subject to clause (ii), a ANCE WITH CERTAIN STATUTORY ADMINISTRATIVE PROCEDURE RE- ‘‘(C) SAFE HARBOR.—No submission of a written statement under paragraph (1) may QUIREMENTS. claim or record under this section shall re- be used as proof against a future payment sult in the carrier or a contractor under sec- audit or overpayment determination under (a) AUDIT.—The Comptroller General of the tion 1893 beginning an investigation or tar- the medicare program. United States shall conduct an audit of the geting an individual or entity based on any (ii) EXTRAPOLATION PROHIBITION.—Subject compliance of the Health Care Financing Ad- claim or record submitted under such sub- to clause (iii), no claim submitted under this ministration and all regulations promul- paragraph. section shall be subject to extrapolation. gated by the Department of Health and ‘‘(3) TREATMENT OF IMPROPER CLAIMS.—If (iii) LIMITATION ON APPLICATION.—Clauses Human Resources under statutes adminis- the carrier or fiscal intermediary finds a (i) and (ii) shall not apply to cases of fraudu- tered by the Health Care Financing Adminis- claim to be improper, the eligible provider lent billing. tration with— shall have the following options: (C) SAFE HARBOR.—If a physician requests (1) the provisions of such statutes; ‘‘(A) CORRECTION OF PROBLEMS.—To correct an advisory opinion under this subsection, (2) subchapter II of chapter 5 of title 5, the documentation, coding, or billing prob- neither the fiscal intermediary, the carrier, United States Code (including section 553 of lem to appropriately substantiate the claim nor a contractor under section 1893 of the So- such title); and and either— cial Security Act (42 U.S.C. 1395ddd) may (3) chapter 6 of title 5, United States Code. ‘‘(i) remit the actual overpayment; or begin an investigation or target such physi- (b) REPORT.—Not later than 18 months ‘‘(ii) receive the appropriate additional cian based on any claim cited in the request. after the date of enactment of this Act, the payment from the carrier or fiscal inter- (b) EXTENSION OF EXISTING ADVISORY OPIN- Comptroller General shall submit to Con- mediary. ION PROVISIONS OF LAW.—Section 1128D(b) of gress a report on the audit conducted under

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subsection (a), together with such rec- (1) by redesignating clause (v) as clause ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT ommendations for legislative and adminis- (vi); and SUBJECT TO PER COUNTRY LIMITATION IF ADDI- trative action as the Comptroller General de- (2) by striking clauses (iii) and (iv) and in- TIONAL VISAS AVAILABLE.—If the total num- termines appropriate. serting the following: ber of visas available under paragraph (1), SEC. 502. GAO STUDY AND REPORT ON PROVIDER ‘‘(iii) 195,000 in fiscal year 2000; and (2), (3), (4), or (5) of section 203(b) for a cal- PARTICIPATION. ‘‘(iv) 195,000 in fiscal year 2001; endar quarter exceeds the number of quali- (a) STUDY.—The Comptroller General of ‘‘(v) 195,000 in fiscal year 2002; and’’. fied immigrants who may otherwise be the United States shall conduct a study on (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available provider participation in the medicare pro- 1999.— under that paragraph shall be issued without gram to determine whether policies or en- (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under forcement efforts against health care pro- 214(g)(1)(A)(ii) of the Immigration and Na- paragraph (2) of this subsection during the viders have reduced access to care for medi- tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. care beneficiaries. Such study shall include a total number of aliens who may be issued ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN determination of the total cost to physician, visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the supplier, and provider practices of compli- status under section 101(a)(15)(H)(i)(b) of case of a foreign state or dependent area to ance with medicare laws and regulations, the such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total number of physician, supplier, and provider number equal to the number of aliens who number of visas issued under section 203(b) audits, the actual overpayments assessed in are issued such a visa or provided such status exceeds the maximum number of visas that consent settlements, and the attendant pro- during the period beginning on the date on may be made available to immigrants of the jected overpayments communicated to phy- which the limitation in such section state or area under section 203(b) consistent sicians, suppliers, and providers as part of 214(g)(1)(A)(ii) is reached and ending on Sep- with subsection (e) (determined without re- the consent settlement process. tember 30, 1999. gard to this paragraph), in applying sub- (b) REPORT.—Not later than 18 months (2) EFFECTIVE DATE.—Paragraph (1) shall section (e) all visas shall be deemed to have after the date of enactment of this Act, the take effect as if included in the enactment of been required for the classes of aliens speci- Comptroller General shall submit to Con- section 411 of the American Competitiveness fied in section 203(b).’’. gress a report on the study conducted under and Workforce Improvement Act of 1998 (as (b) CONFORMING AMENDMENTS.— subsection (a), together with such rec- contained in title IV of division C of the Om- (1) Section 202(a)(2) of the Immigration and ommendations for legislative and adminis- nibus Consolidated and Emergency Supple- Nationality Act (8 U.S.C. 1152(a)(2)) is trative action as the Comptroller General de- mental Appropriations Act, 1999; Public Law amended by striking ‘‘paragraphs (3) and (4)’’ termines appropriate. 105–277). and inserting ‘‘paragraphs (3), (4), and (5)’’. SEC. 503. GAO AUDIT OF RANDOM SAMPLE AU- SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and DITS. SEARCH FACILITIES, AND GRAD- Nationality Act (8 U.S.C. 1152(e)(3)) is (a) AUDIT.—The Comptroller General of the UATE DEGREE RECIPIENTS; COUNT- amended by striking ‘‘the proportion of the United States shall conduct an audit to ING RULES. visa numbers’’ and inserting ‘‘except as pro- Section 214(g) of the Immigration and Na- determine— vided in subsection (a)(5), the proportion of tionality Act (8 U.S.C. 1184(g)) is amended by (1) the statistical validity of random sam- the visa numbers’’. adding at the end the following new para- ple audits conducted under the medicare pro- (c) ONE-TIME PROTECTION UNDER PER COUN- graphs: gram before the date of the enactment of TRY CEILING.—Notwithstanding section ‘‘(5) The numerical limitations contained this Act; 214(g)(4) of the Immigration and Nationality in paragraph (1)(A) shall not apply to any (2) the necessity of such audits for pur- Act (8 U.S.C. 1184(g)(4)), any alien who— nonimmigrant alien issued a visa or other- poses of administering sections 1815(a), (1) is the beneficiary of a petition filed wise provided status under section 1842(a), and 1861(v)(1)(A)(ii) of the Social Se- under section 204(a) of that Act for a pref- 101(a)(15)(H)(i)(b)— curity Act (42 U.S.C. 1395g(a), 1395u(a), and erence status under paragraph (1), (2), or (3) ‘‘(A) who is employed (or has received an 1395x(v)(1)(A)(ii)); of section 203(b) of that Act; and offer of employment) at— (3) the effects of the application of such au- (2) would be subject to the per country lim- ‘‘(i) an institution of higher education (as dits to health care providers under sections itations applicable to immigrants but for defined in section 101(a) of the Higher Edu- 1842(b), 1866(a)(1)(B)(ii), 1870, and 1893 of such this subsection, cation Act of 1965 (20 U.S.C. 1001(a))), or a re- Act (42 U.S.C. 1395u(a), 1395cc(a)(1)(B)(ii), may apply for, and the Attorney General lated or affiliated nonprofit entity; or 1395gg, and 1395ddd); and may grant, an extension of such non- ‘‘(ii) a nonprofit research organization or a (4) the percentage of claims found to be im- immigrant status until the alien’s applica- governmental research organization; or proper from these audits, as well as the pro- tion for adjustment of status has been proc- ‘‘(B) for whom a petition is filed not more portion of the extrapolated overpayment essed and a decision made thereon. than 90 days before or not more than 180 days amounts to the overpayment amounts found after the nonimmigrant has attained a mas- SEC. 5. INCREASED PORTABILITY OF H–1B STA- from the analysis of the original sample. ter’s degree or higher degree from an institu- TUS. (b) REPORT.—Not later than 18 months tion of higher education (as defined in sec- (a) IN GENERAL.—Section 214 of the Immi- after the date of the enactment of this Act, tion 101(a) of the Higher Education Act of gration and Nationality Act (8 U.S.C. 1184) is the Comptroller General shall submit to 1965 (20 U.S.C. 1001(a))). amended by adding at the end the following Congress a report on the audit conducted ‘‘(6) Any alien who ceases to be employed new subsection: under subsection (a), together with such rec- by an employer described in paragraph (5)(A) ‘‘(m)(1) A nonimmigrant alien described in ommendations for legislative and adminis- shall, if employed as a nonimmigrant alien paragraph (2) who was previously issued a trative action as the Comptroller General de- described in section 101(a)(15)(H)(i)(b), who visa or otherwise provided nonimmigrant termines appropriate. has not previously been counted toward the status under section 101(a)(15)(H)(i)(b) is au- numerical limitations contained in para- thorized to accept new employment upon the AMERICAN COMPETITIVENESS IN graph (1)(A), be counted toward those limita- filing by the prospective employer of a new THE TWENTY-FIRST CENTURY tions the first time the alien is employed by petition on behalf of such nonimmigrant as ACT OF 2000 an employer other than one described in provided under subsection (a). Employment paragraph (5)(A). authorization shall continue for such alien ‘‘(7) Any alien who has already been count- until the new petition is adjudicated. If the LOTT AMENDMENTS NOS. 4211–4217 ed, within the 6 years prior to the approval new petition is denied, such authorization of a petition described in subsection (c), to- shall cease. (Ordered to lie on the table.) ward the numerical limitations of paragraph ‘‘(2) A nonimmigrant alien described in Mr. LOTT submitted seven amend- (1)(A) shall not again be counted toward this paragraph is a nonimmigrant alien— ments intended to be proposed by him those limitations unless the alien would be ‘‘(A) who has been lawfully admitted into to the bill, S. 2045, supra; as follows: eligible for a full 6 years of authorized ad- the United States; ‘‘(B) on whose behalf an employer has filed AMENDMENT NO. 4211 mission at the time the petition is filed. Where multiple petitions are approved for 1 a nonfrivolous petition for new employment In lieu of the matter proposed, insert the alien, that alien shall be counted only before the date of expiration of the period of following: once.’’. stay authorized by the Attorney General; SECTION 1. SHORT TITLE. SEC. 4. LIMITATION ON PER COUNTRY CEILING and This Act may be cited as the ‘‘American WITH RESPECT TO EMPLOYMENT- ‘‘(C) who has not been employed without Competitiveness in the Twenty-first Century BASED IMMIGRANTS. authorization before or during the pendency Act of 2000’’. (a) SPECIAL RULES.—Section 202(a) of the of such petition for new employment in the SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- Immigration and Nationality Act (8 U.S.C. United States.’’. MENTS. 1152(a)) is amended by adding at the end the (b) EFFECTIVE DATE.—The amendment (a) FISCAL YEARS 2000–2002.—Section following new paragraph: made by subsection (a) shall apply to peti- 214(g)(1)(A) of the Immigration and Nation- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- tions filed before, on, or after the date of en- ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— GRANTS.— actment of this Act.

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.053 pfrm02 PsN: S26PT1 S9298 CONGRESSIONAL RECORD — SENATE September 26, 2000 SEC. 6. SPECIAL PROVISIONS IN CASES OF (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- LENGTHY ADJUDICATIONS. cent’’ and inserting ‘‘55 percent’’; grams.’’. (a) EXEMPTION FROM LIMITATION.—The lim- (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND itation contained in section 214(g)(4) of the cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL Immigration and Nationality Act (8 U.S.C. (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. 1184(g)(4)) with respect to the duration of au- follows: Section 414(c) of the American Competi- thorized stay shall not apply to any non- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of immigrant alien previously issued a visa or PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of otherwise provided nonimmigrant status SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is under section 101(a)(15)(H)(i)(b) of that Act ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: on whose behalf a petition under section amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND 204(b) of that Act to accord the alien immi- immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS grant status under section 203(b) of that Act, available to the Director of the National TRAINING FOR WORKERS.— or an application for adjustment of status Science Foundation until expended to carry ‘‘(1) IN GENERAL.— under section 245 of that Act to accord the out a direct or matching grant program to ‘‘(A) FUNDING.—The Secretary of Labor alien status under such section 203(b), has support private-public partnerships in K–12 shall use funds available under section been filed, if 365 days or more have elapsed education. 286(s)(2) of the Immigration and Nationality since— ‘‘(B) TYPES OF PROGRAMS COVERED.—The Act (8 U.S.C. 1356(s)(2)) to establish dem- (1) the filing of a labor certification appli- Director shall award grants to such pro- onstration programs or projects to provide cation on the alien’s behalf (if such certifi- grams, including those which support the de- technical skills training for workers, includ- cation is required for the alien to obtain sta- velopment and implementation of standards- ing both employed and unemployed workers. tus under such section 203(b)); or based instructional materials models and re- ‘‘(B) TRAINING PROVIDED.—Training funded (2) the filing of the petition under such sec- lated student assessments that enable K–12 by a program or project described in sub- tion 204(b). students to acquire an understanding of paragraph (A) shall be for persons who are (b) EXTENSION OF H1–B WORKER STATUS.— science, mathematics, and technology, as currently employed and who wish to obtain The Attorney General shall extend the stay well as to develop critical thinking skills; and upgrade skills as well as for persons who of an alien who qualifies for an exemption provide systemic improvement in training are unemployed. Such training is not limited under subsection (a) in one-year increments K–12 teachers and education for students in to skill levels commensurate with a four- until such time as a final decision is made on science, mathematics, and technology; sup- year undergraduate degree, but should in- the alien’s lawful permanent residence. port the professional development of K–12 clude the preparation of workers for a broad SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS math and science teachers in the used of range of positions along a career ladder. Con- AND AUTHORITIES THROUGH FIS- technology in the classroom; stimulate sys- sideration shall be given to the use of grant CAL YEAR 2002. tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to (a) ATTESTATION REQUIREMENTS.—Section matics, and technology in rural, economi- expand a training program or project 212(n)(1)(E)(ii)) of the Immigration and Na- cally disadvantaged regions of the United through such means as training more work- tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is States; provide externships and other oppor- ers or offering more courses, and training amended by striking ‘‘October 1, 2001’’ and tunities for students to increase their appre- programs or projects resulting from collabo- inserting ‘‘October 1, 2002’’. ciation and understanding of science, mathe- rations, especially with more than one small (b) DEPARTMENT OF LABOR INVESTIGATIVE matics, engineering, and technology (includ- business or with a labor-management train- AUTHORITIES.—Section 413(e)(2) of the Amer- ing summer institutes sponsored by an insti- ing program or project. All training shall be ican Competitiveness and Workforce Im- tution of higher education for students in justified with evidence of skill shortages as provement Act of 1998 (as contained in title grades 7–12 that provide instruction in such demonstrated through reliable regional, IV of division C of Public Law 105–277) is fields); involve partnerships of industry, edu- State, or local data. amended by striking ‘‘September 30, 2001’’ cational institutions, and community orga- ‘‘(2) GRANTS.— and inserting ‘‘September 30, 2002’’. nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- SEC. 8. RECOVERY OF VISAS USED FRAUDU- disadvantaged communities; provide college grams and projects described in paragraph LENTLY. preparatory support to expose and prepare (1)(A), the Secretary of Labor shall, in con- Section 214(g)(3) of the Immigration and students for careers in science, mathematics, sultation with the Secretary of Commerce, Nationality Act (8 U.S.C. 1184 (g)(3)) is engineering, and technology; and provide for subject to the availability of funds in the H– amended to read as follows: carrying out systemic reform activities 1B Nonimmigrant Petitioner Account, ‘‘(3) Aliens who are subject to the numer- under section 3(a)(1) of this National Science award— ical limitations of paragraph (1) shall be Foundation Act of 1950 (42 U.S.C. ‘‘(i) 75 percent of the grants to a local issued visas (or otherwise provided non- 1862(a)(1)).’’; workforce investment board established immigrant status) in the order in which peti- (4) in paragraph (6), by striking ‘‘6 per- under section 117 of the Workforce Invest- tions are filed for such visas or status. If an cent’’ and inserting ‘‘5 percent’’; and ment Act of 1998 (29 U.S.C. 2832) or consortia alien who was issued a visa or otherwise pro- (5) in paragraph (6), by striking ‘‘3 per- of such boards in a region. Each workforce vided nonimmigrant status and counted cent’’ each place it appears and inserting investment board or consortia of boards re- against the numerical limitations of para- ‘‘2.5 percent’’. ceiving grant funds shall represent a local or (b) LOW-INCOME SCHOLARSHIP PROGRAM.— graph (1) is found to have been issued such regional public-private partnership con- Section 414(d)(3) of the American Competi- visa or otherwise provided such status by sisting of at least— tiveness and Workforce Improvement Act of fraud or willfully misrepresenting a material ‘‘(I) one workforce investment board; 1998 (as contained in title IV of division C of fact and such visa or nonimmigrant status is ‘‘(II) one community-based organization or Public Law 105–277) is amended by striking revoked, then one number shall be restored higher education institution or labor union; to the total number of aliens who may be ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per year. The Director may renew scholarships and issued visas or otherwise provided such sta- ‘‘(III) one business or business-related non- tus under the numerical limitations of para- for up to 4 years.’’. (c) REPORTING REQUIREMENT.—Section 414 profit organization such as a trade associa- graph (1) in the fiscal year in which the peti- of the American Competitiveness and Work- tion; and tion is revoked, regardless of the fiscal year force Improvement Act of 1998 (as contained ‘‘(ii) 25 percent of the grants under the Sec- in which the petition was approved.’’. in title IV of division C of Public Law 105– retary of Labor’s authority to award grants SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- for demonstration projects or programs ITAL DIVIDE’’. lowing new subsection: under section 171 of the Workforce Invest- (a) STUDY.—The National Science Founda- ‘‘(e) REPORTING REQUIREMENT.—The Sec- ment Act (29 U.S.C. 2916) to partnerships tion shall conduct a study of the divergence retary of Labor and the Director of the Na- that shall consist of at least 2 businesses or in access to high technology (commonly re- tional Science Foundation shall— a business-related nonprofit organization ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of that represents more than one business, and United States. programs receiving H–1B Nonimmigrant Fee that may include any educational, labor, (b) REPORT.—Not later than 18 months grant money; and community organization, or workforce in- after the date of enactment of this Act, the ‘‘(2) not later than one year after the date vestment board, except that such grant Director of the National Science Foundation of enactment of this subsection, submit a re- funds may be used only to carry out a strat- shall submit a report to Congress setting port to the Committees on the Judiciary of egy that would otherwise not be eligible for forth the findings of the study conducted the House of Representatives and the funds provided under clause (i), due to bar- under subsection (a). Senate— riers in meeting those partnership eligibility SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the criteria, on a national, multistate, regional, TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B or rural area (such as rural telework pro- (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and grams) basis. of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL U.S.C. 1356(s)) is amended— completed training and have entered the AGENTS.—Each partnership formed under

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subparagraph (A) shall designate a respon- ‘‘(5) MATCHING FUNDS.—Each application (B) supervised activities in safe environ- sible fiscal agent to receive and disburse for a grant to carry out a program or project ments for youth; and grant funds under this subsection. described in paragraph (1)(A) shall state the (C) full-time staffing with teachers, tutors, ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- manner by which the partnership will pro- and other qualified personnel. sideration in the awarding of grants shall be vide non-Federal matching resources (cash, (2) SUBAWARDS.—The Boys and Girls Clubs given to any partnership that involves and or in-kind contributions, or both) equal to at of America shall make subawards to local directly benefits more than one small busi- least 50 percent of the total grant amount boys and girls clubs authorizing expenditures ness (each consisting of 100 employees or awarded under paragraph (2)(A)(i), and at associated with providing technology pro- less). least 100 percent of the total grant amount grams such as PowerUp, including the hiring ‘‘(D) ALLOCATION OF GRANTS.—In making awarded under paragraph (2)(A)(ii). At least of teachers and other personnel, procure- grants under this paragraph, the Secretary one-half of the non-Federal matching funds ment of goods and services, including com- shall make every effort to fairly distribute shall be from the business or businesses or puter equipment, or such other purposes as grants across rural and urban areas, and business-related nonprofit organizations in- are approved by the Attorney General. across the different geographic regions of the volved. Consideration in the award of grants (d) APPLICATIONS.— United States. The total amount of grants shall be given to applicants that provide a (1) ELIGIBILITY.—In order to be eligible to awarded to carry out programs and projects specific commitment or commitments of re- receive a grant under this section, an appli- described in paragraph (1)(A) shall be allo- sources from other public or private sources, cant for a subaward (specified in subsection cated as follows: or both, so as to demonstrate the long-term (c)(2)) shall submit an application to the sustainability of the training program or ‘‘(i) At least 80 percent of the grants shall Boys and Girls Clubs of America, in such project after the grant expires. be awarded to programs and projects that form and containing such information as the ‘‘(6) ADMINISTRATIVE COSTS.—An entity train employed and unemployed workers in Attorney General may reasonably require. that receives a grant to carry out a program skills that are in shortage in high tech- (2) APPLICATION REQUIREMENTS.—Each ap- or project described in paragraph (1)(A) may nology, information technology, and bio- plication submitted in accordance with para- not use more than 10 percent of the amount technology, including skills needed for soft- graph (1) shall include— of the grant to pay for administrative costs (A) a request for a subgrant to be used for ware and communications services, tele- associated with the program or project.’’. communications, systems installation and the purposes of this section; SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- integration, computers and communications (B) a description of the communities to be PUTER EDUCATION INITIATIVE. served by the grant, including the nature of hardware, advanced manufacturing, health (a) SHORT TITLE.—This section may be juvenile crime, violence, and drug use in the care technology, biotechnology and bio- cited as the ‘‘Kids 2000 Act’’. communities; medical research and manufacturing, and in- (b) FINDINGS.—Congress makes the fol- novation services. lowing findings: (C) written assurances that Federal funds ‘‘(ii) No more than 20 percent of the grants (1) There is an increasing epidemic of juve- received under this section will be used to shall be available to programs and projects nile crime throughout the United States. supplement and not supplant, non-Federal that train employed and unemployed work- (2) It is well documented that the majority funds that would otherwise be available for ers for skills related to any H–1B skill short- of juvenile crimes take place during after- activities funded under this section; age. school hours. (D) written assurances that all activities ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- (3) Knowledge of technology is becoming funded under this section will be supervised graph (D)(ii), the term ‘H–1B skill shortage’ increasingly necessary for children in school by qualified adults; means a shortage of skills necessary for em- and out of school. (E) a plan for assuring that program activi- ployment in a specialty occupation, as de- (4) The Boys and Girls Clubs of America ties will take place in a secure environment fined in section 214(i) of the Immigration and have 2,700 clubs throughout all 50 States, that is free of crime and drugs; Nationality Act. serving over 3,000,000 boys and girls pri- (F) a plan outlining the utilization of con- ‘‘(3) START-UP FUNDS.— marily from at-risk communities. tent-based programs such as PowerUp, and ‘‘(A) IN GENERAL.—Except as provided in (5) The Boys and Girls Clubs of America the provision of trained adult personnel to subparagraph (B), not more than 5 percent of have the physical structures in place for im- supervise the after-school technology train- any single grant, or not to exceed $75,000, mediate implementation of an after-school ing; and whichever is less, may be used toward the technology program. (G) any additional statistical or financial start-up costs of partnerships or new train- (6) Building technology centers and pro- information that the Boys and Girls Clubs of ing programs and projects. viding integrated content and full-time staff- America may reasonably require. ‘‘(B) EXCEPTION.—In the case of partner- ing at those centers in the Boys and Girls (e) GRANT AWARDS.—In awarding subgrants ships consisting primarily of small busi- Clubs of America nationwide will help foster under this section, the Boys and Girls Clubs nesses, not more than 10 percent of any sin- education, job training, and an alternative of America shall consider— gle grant, or $150,000, whichever is less, may to crime for at-risk youth. (1) the ability of the applicant to provide be used toward the start-up costs of partner- (7) Partnerships between the public sector the intended services; ships or new training programs and projects. and the private sector are an effective way of (2) the history and establishment of the ap- ‘‘(C) DURATION OF START-UP PERIOD.—For providing after-school technology programs plicant in providing youth activities; and purposes of this subsection, a start-up period in the Boys and Girls Clubs of America. (3) the extent to which services will be pro- consists of a period of not more than 2 (8) PowerUp: Bridging the Digital Divide is vided in crime-prone areas and techno- months after the grant period begins, at an entity comprised of more than a dozen logically underserved populations, and ef- which time training shall immediately begin nonprofit organizations, major corporations, forts to achieve an equitable geographic dis- and no further Federal funds may be used for and Federal agencies that have joined to- tribution of the grant awards. start-up purposes. gether to launch a major new initiative to (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) TRAINING OUTCOMES.— help ensure that America’s underserved (1) IN GENERAL.—There is authorized to be ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS young people acquire the skills, experiences, appropriated $20,000,000 for each of the fiscal AND PROJECTS.—Consideration in the award- and resources they need to succeed in the years 2001 through 2006 to carry out this sec- ing of grants shall be given to applicants digital age. tion. that provide a specific, measurable commit- (9) Bringing PowerUp into the Boys and (2) SOURCE OF FUNDS.—Funds to carry out ment upon successful completion of a train- Girls Clubs of America will be an effective this section may be derived from the Violent ing course, to— way to ensure that our youth have a safe, Crime Reduction Trust Fund. ‘‘(i) hire or effectuate the hiring of unem- crime-free environment in which to learn the (3) CONTINUED AVAILABILITY.—Amounts ployed trainees (where applicable); technological skills they need to close the made available under this subsection shall ‘‘(ii) increase the wages or salary of incum- divide between young people who have access remain available until expended. bent workers (where applicable); and to computer-based information and tech- SEC. 13. SEVERABILITY. ‘‘(iii) provide skill certifications to train- nology-related skills and those who do not. If any provision of this Act (or any amend- ees or link the training to industry-accepted (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO ment made by this Act) or the application THE BOYS AND GIRLS CLUBS OF AMERICA.— occupational skill standards, certificates, or thereof to any person or circumstance is held (1) PURPOSES.—The Attorney General shall licensing requirements. invalid, the remainder of the Act (and the EQUIREMENTS FOR GRANT APPLICA- make grants to the Boys and Girls Clubs of ‘‘(B) R amendments made by this Act) and the ap- TIONS.—Applications for grants shall— America for the purpose of funding effective plication of such provision to any other per- ‘‘(i) articulate the level of skills that work- after-school technology programs, such as son or circumstance shall not be affected ers will be trained for and the manner by PowerUp, in order to provide— thereby. This section shall be enacted two which attainment of those skills will be (A) constructive technology-focused activi- days after effective date. measured; and ties that are part of a comprehensive pro- ‘‘(ii) include an agreement that the pro- gram to provide access to technology and gram or project shall be subject to evalua- technology training to youth during after- AMENDMENT NO. 4212 tion by the Secretary of Labor to measure school hours, weekends, and school vaca- At the appropriate place insert the fol- its effectiveness. tions; lowing:

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9300 CONGRESSIONAL RECORD — SENATE September 26, 2000 SECTION 1. SHORT TITLE. SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without This Act may be cited as the ‘‘American WITH RESPECT TO EMPLOYMENT- authorization before or during the pendency Competitiveness in the Twenty-first Century BASED IMMIGRANTS. of such petition for new employment in the Act of 2000’’. (a) SPECIAL RULES.—Section 202(a) of the United States.’’. SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- Immigration and Nationality Act (8 U.S.C. (b) EFFECTIVE DATE.—The amendment MENTS. 1152(a)) is amended by adding at the end the made by subsection (a) shall apply to peti- (a) FISCAL YEARS 2000–2002.—Section following new paragraph: tions filed before, on, or after the date of en- 214(g)(1)(A) of the Immigration and Nation- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- actment of this Act. GRANTS.— ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— SEC. 6. SPECIAL PROVISIONS IN CASES OF (1) by redesignating clause (v) as clause ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT LENGTHY ADJUDICATIONS. SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (vi); and (a) EXEMPTION FROM LIMITATION.—The lim- (2) by striking clauses (iii) and (iv) and in- TIONAL VISAS AVAILABLE.—If the total num- itation contained in section 214(g)(4) of the serting the following: ber of visas available under paragraph (1), Immigration and Nationality Act (8 U.S.C. ‘‘(iii) 195,000 in fiscal year 2000; and (2), (3), (4), or (5) of section 203(b) for a cal- 1184(g)(4)) with respect to the duration of au- ‘‘(iv) 195,000 in fiscal year 2001; endar quarter exceeds the number of quali- thorized stay shall not apply to any non- ‘‘(v) 195,000 in fiscal year 2002; and’’. fied immigrants who may otherwise be immigrant alien previously issued a visa or (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available otherwise provided nonimmigrant status 1999.— under that paragraph shall be issued without under section 101(a)(15)(H)(i)(b) of that Act (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under on whose behalf a petition under section 214(g)(1)(A)(ii) of the Immigration and Na- paragraph (2) of this subsection during the 204(b) of that Act to accord the alien immi- tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. grant status under section 203(b) of that Act, total number of aliens who may be issued ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN or an application for adjustment of status visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the under section 245 of that Act to accord the status under section 101(a)(15)(H)(i)(b) of case of a foreign state or dependent area to alien status under such section 203(b), has such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total been filed, if 365 days or more have elapsed number equal to the number of aliens who number of visas issued under section 203(b) since— are issued such a visa or provided such status exceeds the maximum number of visas that (1) the filing of a labor certification appli- during the period beginning on the date on may be made available to immigrants of the cation on the alien’s behalf (if such certifi- which the limitation in such section state or area under section 203(b) consistent cation is required for the alien to obtain sta- 214(g)(1)(A)(ii) is reached and ending on Sep- with subsection (e) (determined without re- tus under such section 203(b)); or tember 30, 1999. gard to this paragraph), in applying sub- (2) the filing of the petition under such sec- (2) EFFECTIVE DATE.—Paragraph (1) shall section (e) all visas shall be deemed to have tion 204(b). been required for the classes of aliens speci- take effect as if included in the enactment of (b) EXTENSION OF H1–B WORKER STATUS.— section 411 of the American Competitiveness fied in section 203(b).’’. The Attorney General shall extend the stay (b) CONFORMING AMENDMENTS.— and Workforce Improvement Act of 1998 (as of an alien who qualifies for an exemption (1) Section 202(a)(2) of the Immigration and contained in title IV of division C of the Om- under subsection (a) in one-year increments Nationality Act (8 U.S.C. 1152(a)(2)) is nibus Consolidated and Emergency Supple- until such time as a final decision is made on amended by striking ‘‘paragraphs (3) and (4)’’ mental Appropriations Act, 1999; Public Law the alien’s lawful permanent residence. 105–277). and inserting ‘‘paragraphs (3), (4), and (5)’’. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is AND AUTHORITIES THROUGH FIS- SEARCH FACILITIES, AND GRAD- CAL YEAR 2002. UATE DEGREE RECIPIENTS; COUNT- amended by striking ‘‘the proportion of the (a) ATTESTATION REQUIREMENTS.—Section ING RULES. visa numbers’’ and inserting ‘‘except as pro- 212(n)(1)(E)(ii)) of the Immigration and Na- Section 214(g) of the Immigration and Na- vided in subsection (a)(5), the proportion of tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is tionality Act (8 U.S.C. 1184(g)) is amended by the visa numbers’’. amended by striking ‘‘October 1, 2001’’ and adding at the end the following new para- (c) ONE-TIME PROTECTION UNDER PER COUN- inserting ‘‘October 1, 2002’’. graphs: TRY CEILING.—Notwithstanding section (b) DEPARTMENT OF LABOR INVESTIGATIVE ‘‘(5) The numerical limitations contained 214(g)(4) of the Immigration and Nationality AUTHORITIES.—Section 413(e)(2) of the Amer- in paragraph (1)(A) shall not apply to any Act (8 U.S.C. 1184(g)(4)), any alien who— ican Competitiveness and Workforce Im- nonimmigrant alien issued a visa or other- (1) is the beneficiary of a petition filed provement Act of 1998 (as contained in title wise provided status under section under section 204(a) of that Act for a pref- IV of division C of Public Law 105–277) is 101(a)(15)(H)(i)(b)— erence status under paragraph (1), (2), or (3) amended by striking ‘‘September 30, 2001’’ ‘‘(A) who is employed (or has received an of section 203(b) of that Act; and and inserting ‘‘September 30, 2002’’. offer of employment) at— (2) would be subject to the per country lim- ‘‘(i) an institution of higher education (as itations applicable to immigrants but for SEC. 8. RECOVERY OF VISAS USED FRAUDU- defined in section 101(a) of the Higher Edu- this subsection, LENTLY. cation Act of 1965 (20 U.S.C. 1001(a))), or a re- may apply for, and the Attorney General Section 214(g)(3) of the Immigration and lated or affiliated nonprofit entity; or may grant, an extension of such non- Nationality Act (8 U.S.C. 1184 (g)(3)) is ‘‘(ii) a nonprofit research organization or a immigrant status until the alien’s applica- amended to read as follows: governmental research organization; or tion for adjustment of status has been proc- ‘‘(3) Aliens who are subject to the numer- ‘‘(B) for whom a petition is filed not more essed and a decision made thereon. ical limitations of paragraph (1) shall be than 90 days before or not more than 180 days SEC. 5. INCREASED PORTABILITY OF H–1B STA- issued visas (or otherwise provided non- after the nonimmigrant has attained a mas- TUS. immigrant status) in the order in which peti- ter’s degree or higher degree from an institu- (a) IN GENERAL.—Section 214 of the Immi- tions are filed for such visas or status. If an tion of higher education (as defined in sec- gration and Nationality Act (8 U.S.C. 1184) is alien who was issued a visa or otherwise pro- tion 101(a) of the Higher Education Act of amended by adding at the end the following vided nonimmigrant status and counted 1965 (20 U.S.C. 1001(a))). new subsection: against the numerical limitations of para- ‘‘(6) Any alien who ceases to be employed ‘‘(m)(1) A nonimmigrant alien described in graph (1) is found to have been issued such by an employer described in paragraph (5)(A) paragraph (2) who was previously issued a visa or otherwise provided such status by shall, if employed as a nonimmigrant alien visa or otherwise provided nonimmigrant fraud or willfully misrepresenting a material described in section 101(a)(15)(H)(i)(b), who status under section 101(a)(15)(H)(i)(b) is au- fact and such visa or nonimmigrant status is has not previously been counted toward the thorized to accept new employment upon the revoked, then one number shall be restored numerical limitations contained in para- filing by the prospective employer of a new to the total number of aliens who may be graph (1)(A), be counted toward those limita- petition on behalf of such nonimmigrant as issued visas or otherwise provided such sta- tions the first time the alien is employed by provided under subsection (a). Employment tus under the numerical limitations of para- an employer other than one described in authorization shall continue for such alien graph (1) in the fiscal year in which the peti- paragraph (5)(A). until the new petition is adjudicated. If the tion is revoked, regardless of the fiscal year ‘‘(7) Any alien who has already been count- new petition is denied, such authorization in which the petition was approved.’’. ed, within the 6 years prior to the approval shall cease. SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- of a petition described in subsection (c), to- ‘‘(2) A nonimmigrant alien described in ITAL DIVIDE’’. ward the numerical limitations of paragraph this paragraph is a nonimmigrant alien— (a) STUDY.—The National Science Founda- (1)(A) shall not again be counted toward ‘‘(A) who has been lawfully admitted into tion shall conduct a study of the divergence those limitations unless the alien would be the United States; in access to high technology (commonly re- eligible for a full 6 years of authorized ad- ‘‘(B) on whose behalf an employer has filed ferred to as the ‘‘digital divide’’) in the mission at the time the petition is filed. a nonfrivolous petition for new employment United States. Where multiple petitions are approved for 1 before the date of expiration of the period of (b) REPORT.—Not later than 18 months alien, that alien shall be counted only stay authorized by the Attorney General; after the date of enactment of this Act, the once.’’. and Director of the National Science Foundation

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9301 shall submit a report to Congress setting port to the Committees on the Judiciary of funds provided under clause (i), due to bar- forth the findings of the study conducted the House of Representatives and the riers in meeting those partnership eligibility under subsection (a). Senate— criteria, on a national, multistate, regional, SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the or rural area (such as rural telework pro- TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B grams) basis. (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have AGENTS.—Each partnership formed under U.S.C. 1356(s)) is amended— completed training and have entered the subparagraph (A) shall designate a respon- (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- sible fiscal agent to receive and disburse cent’’ and inserting ‘‘55 percent’’; grams.’’. grant funds under this subsection. (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL sideration in the awarding of grants shall be (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. given to any partnership that involves and follows: Section 414(c) of the American Competi- directly benefits more than one small busi- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of ness (each consisting of 100 employees or PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of less). SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is ‘‘(D) ALLOCATION OF GRANTS.—In making ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: grants under this paragraph, the Secretary amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND shall make every effort to fairly distribute immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS grants across rural and urban areas, and available to the Director of the National TRAINING FOR WORKERS.— across the different geographic regions of the Science Foundation until expended to carry ‘‘(1) IN GENERAL.— United States. The total amount of grants ‘‘(A) FUNDING.—The Secretary of Labor out a direct or matching grant program to awarded to carry out programs and projects shall use funds available under section support private-public partnerships in K–12 described in paragraph (1)(A) shall be allo- 286(s)(2) of the Immigration and Nationality education. cated as follows: Act (8 U.S.C. 1356(s)(2)) to establish dem- ‘‘(B) TYPES OF PROGRAMS COVERED.—The ‘‘(i) At least 80 percent of the grants shall onstration programs or projects to provide Director shall award grants to such pro- be awarded to programs and projects that technical skills training for workers, includ- grams, including those which support the de- train employed and unemployed workers in ing both employed and unemployed workers. velopment and implementation of standards- skills that are in shortage in high tech- ‘‘(B) TRAINING PROVIDED.—Training funded based instructional materials models and re- nology, information technology, and bio- by a program or project described in sub- lated student assessments that enable K–12 technology, including skills needed for soft- paragraph (A) shall be for persons who are students to acquire an understanding of ware and communications services, tele- currently employed and who wish to obtain communications, systems installation and science, mathematics, and technology, as and upgrade skills as well as for persons who well as to develop critical thinking skills; integration, computers and communications are unemployed. Such training is not limited hardware, advanced manufacturing, health provide systemic improvement in training to skill levels commensurate with a four- K–12 teachers and education for students in care technology, biotechnology and bio- year undergraduate degree, but should in- medical research and manufacturing, and in- science, mathematics, and technology; sup- clude the preparation of workers for a broad port the professional development of K–12 novation services. range of positions along a career ladder. Con- ‘‘(ii) No more than 20 percent of the grants math and science teachers in the used of sideration shall be given to the use of grant technology in the classroom; stimulate sys- shall be available to programs and projects funds to demonstrate a significant ability to that train employed and unemployed work- tem-wide K–12 reform of science, mathe- expand a training program or project matics, and technology in rural, economi- ers for skills related to any H–1B skill short- through such means as training more work- age. cally disadvantaged regions of the United ers or offering more courses, and training States; provide externships and other oppor- ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- programs or projects resulting from collabo- graph (D)(ii), the term ‘H–1B skill shortage’ tunities for students to increase their appre- rations, especially with more than one small ciation and understanding of science, mathe- means a shortage of skills necessary for em- business or with a labor-management train- ployment in a specialty occupation, as de- matics, engineering, and technology (includ- ing program or project. All training shall be ing summer institutes sponsored by an insti- fined in section 214(i) of the Immigration and justified with evidence of skill shortages as Nationality Act. tution of higher education for students in demonstrated through reliable regional, grades 7–12 that provide instruction in such ‘‘(3) START-UP FUNDS.— State, or local data. ‘‘(A) IN GENERAL.—Except as provided in fields); involve partnerships of industry, edu- ‘‘(2) GRANTS.— subparagraph (B), not more than 5 percent of cational institutions, and community orga- ‘‘(A) ELIGIBILITY.—To carry out the pro- any single grant, or not to exceed $75,000, nizations to address the educational needs of grams and projects described in paragraph whichever is less, may be used toward the disadvantaged communities; provide college (1)(A), the Secretary of Labor shall, in con- start-up costs of partnerships or new train- preparatory support to expose and prepare sultation with the Secretary of Commerce, ing programs and projects. students for careers in science, mathematics, subject to the availability of funds in the H– ‘‘(B) EXCEPTION.—In the case of partner- engineering, and technology; and provide for 1B Nonimmigrant Petitioner Account, ships consisting primarily of small busi- carrying out systemic reform activities award— nesses, not more than 10 percent of any sin- under section 3(a)(1) of this National Science ‘‘(i) 75 percent of the grants to a local gle grant, or $150,000, whichever is less, may Foundation Act of 1950 (42 U.S.C. workforce investment board established be used toward the start-up costs of partner- 1862(a)(1)).’’; under section 117 of the Workforce Invest- ships or new training programs and projects. (4) in paragraph (6), by striking ‘‘6 per- ment Act of 1998 (29 U.S.C. 2832) or consortia ‘‘(C) DURATION OF START-UP PERIOD.—For cent’’ and inserting ‘‘5 percent’’; and of such boards in a region. Each workforce purposes of this subsection, a start-up period (5) in paragraph (6), by striking ‘‘3 per- investment board or consortia of boards re- consists of a period of not more than 2 cent’’ each place it appears and inserting ceiving grant funds shall represent a local or months after the grant period begins, at ‘‘2.5 percent’’. regional public-private partnership con- which time training shall immediately begin (b) LOW-INCOME SCHOLARSHIP PROGRAM.— sisting of at least— and no further Federal funds may be used for Section 414(d)(3) of the American Competi- tiveness and Workforce Improvement Act of ‘‘(I) one workforce investment board; start-up purposes. 1998 (as contained in title IV of division C of ‘‘(II) one community-based organization or ‘‘(4) TRAINING OUTCOMES.— Public Law 105–277) is amended by striking higher education institution or labor union; ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per and AND PROJECTS.—Consideration in the award- year. The Director may renew scholarships ‘‘(III) one business or business-related non- ing of grants shall be given to applicants for up to 4 years.’’. profit organization such as a trade associa- that provide a specific, measurable commit- (c) REPORTING REQUIREMENT.—Section 414 tion; and ment upon successful completion of a train- of the American Competitiveness and Work- ‘‘(ii) 25 percent of the grants under the Sec- ing course, to— force Improvement Act of 1998 (as contained retary of Labor’s authority to award grants ‘‘(i) hire or effectuate the hiring of unem- in title IV of division C of Public Law 105– for demonstration projects or programs ployed trainees (where applicable); 277) is amended by adding at the end the fol- under section 171 of the Workforce Invest- ‘‘(ii) increase the wages or salary of incum- lowing new subsection: ment Act (29 U.S.C. 2916) to partnerships bent workers (where applicable); and ‘‘(e) REPORTING REQUIREMENT.—The Sec- that shall consist of at least 2 businesses or ‘‘(iii) provide skill certifications to train- retary of Labor and the Director of the Na- a business-related nonprofit organization ees or link the training to industry-accepted tional Science Foundation shall— that represents more than one business, and occupational skill standards, certificates, or ‘‘(1) track and monitor the performance of that may include any educational, labor, licensing requirements. programs receiving H–1B Nonimmigrant Fee community organization, or workforce in- ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- grant money; and vestment board, except that such grant TIONS.—Applications for grants shall— ‘‘(2) not later than one year after the date funds may be used only to carry out a strat- ‘‘(i) articulate the level of skills that work- of enactment of this subsection, submit a re- egy that would otherwise not be eligible for ers will be trained for and the manner by

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9302 CONGRESSIONAL RECORD — SENATE September 26, 2000

which attainment of those skills will be (A) constructive technology-focused activi- AMENDMENT NO. 4213 measured; and ties that are part of a comprehensive pro- At the appropriate place insert the fol- ‘‘(ii) include an agreement that the pro- gram to provide access to technology and lowing: gram or project shall be subject to evalua- technology training to youth during after- SECTION 1. SHORT TITLE. tion by the Secretary of Labor to measure school hours, weekends, and school vaca- This Act may be cited as the ‘‘American its effectiveness. tions; Competitiveness in the Twenty-first Century ‘‘(5) MATCHING FUNDS.—Each application (B) supervised activities in safe environ- Act of 2000’’. for a grant to carry out a program or project ments for youth; and SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- described in paragraph (1)(A) shall state the (C) full-time staffing with teachers, tutors, MENTS. manner by which the partnership will pro- and other qualified personnel. (a) FISCAL YEARS 2000–2002.—Section vide non-Federal matching resources (cash, (2) SUBAWARDS.—The Boys and Girls Clubs 214(g)(1)(A) of the Immigration and Nation- or in-kind contributions, or both) equal to at of America shall make subawards to local ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— least 50 percent of the total grant amount boys and girls clubs authorizing expenditures (1) by redesignating clause (v) as clause awarded under paragraph (2)(A)(i), and at associated with providing technology pro- (vi); and least 100 percent of the total grant amount grams such as PowerUp, including the hiring (2) by striking clauses (iii) and (iv) and in- awarded under paragraph (2)(A)(ii). At least of teachers and other personnel, procure- serting the following: one-half of the non-Federal matching funds ment of goods and services, including com- ‘‘(iii) 195,000 in fiscal year 2000; and shall be from the business or businesses or puter equipment, or such other purposes as ‘‘(iv) 195,000 in fiscal year 2001; business-related nonprofit organizations in- are approved by the Attorney General. ‘‘(v) 195,000 in fiscal year 2002; and’’. volved. Consideration in the award of grants (d) APPLICATIONS.— (b) ADDITIONAL VISAS FOR FISCAL YEAR shall be given to applicants that provide a (1) ELIGIBILITY.—In order to be eligible to 1999.— specific commitment or commitments of re- receive a grant under this section, an appli- (1) IN GENERAL.—Notwithstanding section sources from other public or private sources, cant for a subaward (specified in subsection 214(g)(1)(A)(ii) of the Immigration and Na- or both, so as to demonstrate the long-term (c)(2)) shall submit an application to the tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the sustainability of the training program or Boys and Girls Clubs of America, in such total number of aliens who may be issued project after the grant expires. form and containing such information as the visas or otherwise provided nonimmigrant ‘‘(6) ADMINISTRATIVE COSTS.—An entity Attorney General may reasonably require. status under section 101(a)(15)(H)(i)(b) of that receives a grant to carry out a program (2) APPLICATION REQUIREMENTS.—Each ap- such Act in fiscal year 1999 is increased by a or project described in paragraph (1)(A) may plication submitted in accordance with para- number equal to the number of aliens who not use more than 10 percent of the amount graph (1) shall include— are issued such a visa or provided such status of the grant to pay for administrative costs (A) a request for a subgrant to be used for during the period beginning on the date on associated with the program or project.’’. the purposes of this section; which the limitation in such section SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- (B) a description of the communities to be 214(g)(1)(A)(ii) is reached and ending on Sep- PUTER EDUCATION INITIATIVE. served by the grant, including the nature of tember 30, 1999. (a) SHORT TITLE.—This section may be juvenile crime, violence, and drug use in the (2) EFFECTIVE DATE.—Paragraph (1) shall cited as the ‘‘Kids 2000 Act’’. communities; take effect as if included in the enactment of (b) FINDINGS.—Congress makes the fol- (C) written assurances that Federal funds lowing findings: section 411 of the American Competitiveness received under this section will be used to and Workforce Improvement Act of 1998 (as (1) There is an increasing epidemic of juve- supplement and not supplant, non-Federal nile crime throughout the United States. contained in title IV of division C of the Om- funds that would otherwise be available for nibus Consolidated and Emergency Supple- (2) It is well documented that the majority activities funded under this section; of juvenile crimes take place during after- mental Appropriations Act, 1999; Public Law (D) written assurances that all activities 105–277). school hours. funded under this section will be supervised (3) Knowledge of technology is becoming SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- by qualified adults; SEARCH FACILITIES, AND GRAD- increasingly necessary for children in school (E) a plan for assuring that program activi- UATE DEGREE RECIPIENTS; COUNT- and out of school. ties will take place in a secure environment ING RULES. (4) The Boys and Girls Clubs of America that is free of crime and drugs; Section 214(g) of the Immigration and Na- have 2,700 clubs throughout all 50 States, (F) a plan outlining the utilization of con- tionality Act (8 U.S.C. 1184(g)) is amended by serving over 3,000,000 boys and girls pri- tent-based programs such as PowerUp, and adding at the end the following new para- marily from at-risk communities. the provision of trained adult personnel to graphs: (5) The Boys and Girls Clubs of America supervise the after-school technology train- ‘‘(5) The numerical limitations contained have the physical structures in place for im- ing; and in paragraph (1)(A) shall not apply to any mediate implementation of an after-school (G) any additional statistical or financial nonimmigrant alien issued a visa or other- technology program. information that the Boys and Girls Clubs of wise provided status under section (6) Building technology centers and pro- America may reasonably require. 101(a)(15)(H)(i)(b)— viding integrated content and full-time staff- (e) GRANT AWARDS.—In awarding subgrants ‘‘(A) who is employed (or has received an ing at those centers in the Boys and Girls under this section, the Boys and Girls Clubs offer of employment) at— Clubs of America nationwide will help foster of America shall consider— ‘‘(i) an institution of higher education (as education, job training, and an alternative (1) the ability of the applicant to provide defined in section 101(a) of the Higher Edu- to crime for at-risk youth. the intended services; cation Act of 1965 (20 U.S.C. 1001(a))), or a re- (7) Partnerships between the public sector (2) the history and establishment of the ap- lated or affiliated nonprofit entity; or and the private sector are an effective way of plicant in providing youth activities; and ‘‘(ii) a nonprofit research organization or a providing after-school technology programs (3) the extent to which services will be pro- governmental research organization; or in the Boys and Girls Clubs of America. vided in crime-prone areas and techno- ‘‘(B) for whom a petition is filed not more (8) PowerUp: Bridging the Digital Divide is logically underserved populations, and ef- than 90 days before or not more than 180 days an entity comprised of more than a dozen forts to achieve an equitable geographic dis- after the nonimmigrant has attained a mas- nonprofit organizations, major corporations, tribution of the grant awards. ter’s degree or higher degree from an institu- and Federal agencies that have joined to- (f) AUTHORIZATION OF APPROPRIATIONS.— tion of higher education (as defined in sec- gether to launch a major new initiative to (1) IN GENERAL.—There is authorized to be tion 101(a) of the Higher Education Act of help ensure that America’s underserved appropriated $20,000,000 for each of the fiscal 1965 (20 U.S.C. 1001(a))). young people acquire the skills, experiences, years 2001 through 2006 to carry out this sec- ‘‘(6) Any alien who ceases to be employed and resources they need to succeed in the tion. by an employer described in paragraph (5)(A) digital age. (2) SOURCE OF FUNDS.—Funds to carry out shall, if employed as a nonimmigrant alien (9) Bringing PowerUp into the Boys and this section may be derived from the Violent described in section 101(a)(15)(H)(i)(b), who Girls Clubs of America will be an effective Crime Reduction Trust Fund. has not previously been counted toward the way to ensure that our youth have a safe, (3) CONTINUED AVAILABILITY.—Amounts numerical limitations contained in para- crime-free environment in which to learn the made available under this subsection shall graph (1)(A), be counted toward those limita- technological skills they need to close the remain available until expended. tions the first time the alien is employed by divide between young people who have access SEC. 13. SEVERABILITY. an employer other than one described in to computer-based information and tech- If any provision of this Act (or any amend- paragraph (5)(A). nology-related skills and those who do not. ment made by this Act) or the application ‘‘(7) Any alien who has already been count- (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO thereof to any person or circumstance is held ed, within the 6 years prior to the approval THE BOYS AND GIRLS CLUBS OF AMERICA.— invalid, the remainder of the Act (and the of a petition described in subsection (c), to- (1) PURPOSES.—The Attorney General shall amendments made by this Act) and the ap- ward the numerical limitations of paragraph make grants to the Boys and Girls Clubs of plication of such provision to any other per- (1)(A) shall not again be counted toward America for the purpose of funding effective son or circumstance shall not be affected those limitations unless the alien would be after-school technology programs, such as thereby. This section shall be enacted one eligible for a full 6 years of authorized ad- PowerUp, in order to provide— day after effective date. mission at the time the petition is filed.

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9303

Where multiple petitions are approved for 1 before the date of expiration of the period of (b) REPORT.—Not later than 18 months alien, that alien shall be counted only stay authorized by the Attorney General; after the date of enactment of this Act, the once.’’. and Director of the National Science Foundation SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without shall submit a report to Congress setting WITH RESPECT TO EMPLOYMENT- authorization before or during the pendency forth the findings of the study conducted BASED IMMIGRANTS. of such petition for new employment in the under subsection (a). (a) SPECIAL RULES.—Section 202(a) of the United States.’’. Immigration and Nationality Act (8 U.S.C. SEC. 10. MODIFICATION OF NONIMMIGRANT PE- (b) EFFECTIVE DATE.—The amendment TITIONER ACCOUNT PROVISIONS. 1152(a)) is amended by adding at the end the made by subsection (a) shall apply to peti- following new paragraph: tions filed before, on, or after the date of en- (a) ALLOCATION OF FUNDS.—Section 286(s) ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- actment of this Act. of the Immigration and Nationality Act (8 GRANTS.— U.S.C. 1356(s)) is amended— SEC. 6. SPECIAL PROVISIONS IN CASES OF (1) in paragraph (2), by striking ‘‘56.3 per- ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT LENGTHY ADJUDICATIONS. cent’’ and inserting ‘‘55 percent’’; SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (a) EXEMPTION FROM LIMITATION.—The lim- (2) in paragraph (3), by striking ‘‘28.2 per- TIONAL VISAS AVAILABLE.—If the total num- itation contained in section 214(g)(4) of the cent’’ and inserting ‘‘23.5 percent’’; ber of visas available under paragraph (1), Immigration and Nationality Act (8 U.S.C. (3) by amending paragraph (4) to read as (2), (3), (4), or (5) of section 203(b) for a cal- 1184(g)(4)) with respect to the duration of au- follows: endar quarter exceeds the number of quali- thorized stay shall not apply to any non- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- fied immigrants who may otherwise be immigrant alien previously issued a visa or PETITIVE GRANT PROGRAM FOR K–12 MATH, issued such visas, the visas made available otherwise provided nonimmigrant status SCIENCE AND TECHNOLOGY EDUCATION.— under that paragraph shall be issued without under section 101(a)(15)(H)(i)(b) of that Act ‘‘(A) IN GENERAL.—15 percent of the regard to the numerical limitation under on whose behalf a petition under section amounts deposited into the H–1B Non- paragraph (2) of this subsection during the 204(b) of that Act to accord the alien immi- immigrant Petitioner Account shall remain remainder of the calendar quarter. grant status under section 203(b) of that Act, available to the Director of the National ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN or an application for adjustment of status Science Foundation until expended to carry COUNTRIES SUBJECT TO SUBSECTION (E).—In the under section 245 of that Act to accord the out a direct or matching grant program to case of a foreign state or dependent area to alien status under such section 203(b), has support private-public partnerships in K–12 which subsection (e) applies, if the total been filed, if 365 days or more have elapsed education. number of visas issued under section 203(b) since— ‘‘(B) TYPES OF PROGRAMS COVERED.—The exceeds the maximum number of visas that (1) the filing of a labor certification appli- Director shall award grants to such pro- may be made available to immigrants of the cation on the alien’s behalf (if such certifi- grams, including those which support the de- state or area under section 203(b) consistent cation is required for the alien to obtain sta- velopment and implementation of standards- with subsection (e) (determined without re- tus under such section 203(b)); or based instructional materials models and re- gard to this paragraph), in applying sub- (2) the filing of the petition under such sec- lated student assessments that enable K–12 section (e) all visas shall be deemed to have tion 204(b). students to acquire an understanding of been required for the classes of aliens speci- (b) EXTENSION OF H1–B WORKER STATUS.— science, mathematics, and technology, as fied in section 203(b).’’. The Attorney General shall extend the stay well as to develop critical thinking skills; (b) CONFORMING AMENDMENTS.— of an alien who qualifies for an exemption provide systemic improvement in training (1) Section 202(a)(2) of the Immigration and under subsection (a) in one-year increments K–12 teachers and education for students in Nationality Act (8 U.S.C. 1152(a)(2)) is until such time as a final decision is made on science, mathematics, and technology; sup- amended by striking ‘‘paragraphs (3) and (4)’’ the alien’s lawful permanent residence. and inserting ‘‘paragraphs (3), (4), and (5)’’. port the professional development of K–12 (2) Section 202(e)(3) of the Immigration and SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS math and science teachers in the used of AND AUTHORITIES THROUGH FIS- technology in the classroom; stimulate sys- Nationality Act (8 U.S.C. 1152(e)(3)) is CAL YEAR 2002. tem-wide K–12 reform of science, mathe- amended by striking ‘‘the proportion of the (a) ATTESTATION REQUIREMENTS.—Section matics, and technology in rural, economi- visa numbers’’ and inserting ‘‘except as pro- 212(n)(1)(E)(ii)) of the Immigration and Na- cally disadvantaged regions of the United vided in subsection (a)(5), the proportion of tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is States; provide externships and other oppor- the visa numbers’’. amended by striking ‘‘October 1, 2001’’ and (c) ONE-TIME PROTECTION UNDER PER COUN- tunities for students to increase their appre- inserting ‘‘October 1, 2002’’. TRY CEILING.—Notwithstanding section ciation and understanding of science, mathe- (b) DEPARTMENT OF LABOR INVESTIGATIVE 214(g)(4) of the Immigration and Nationality matics, engineering, and technology (includ- AUTHORITIES.—Section 413(e)(2) of the Amer- Act (8 U.S.C. 1184(g)(4)), any alien who— ing summer institutes sponsored by an insti- ican Competitiveness and Workforce Im- (1) is the beneficiary of a petition filed tution of higher education for students in provement Act of 1998 (as contained in title under section 204(a) of that Act for a pref- grades 7–12 that provide instruction in such IV of division C of Public Law 105–277) is erence status under paragraph (1), (2), or (3) fields); involve partnerships of industry, edu- amended by striking ‘‘September 30, 2001’’ of section 203(b) of that Act; and cational institutions, and community orga- and inserting ‘‘September 30, 2002’’. (2) would be subject to the per country lim- nizations to address the educational needs of itations applicable to immigrants but for SEC. 8. RECOVERY OF VISAS USED FRAUDU- disadvantaged communities; provide college LENTLY. this subsection, preparatory support to expose and prepare Section 214(g)(3) of the Immigration and may apply for, and the Attorney General students for careers in science, mathematics, Nationality Act (8 U.S.C. 1184 (g)(3)) is may grant, an extension of such non- engineering, and technology; and provide for amended to read as follows: immigrant status until the alien’s applica- carrying out systemic reform activities ‘‘(3) Aliens who are subject to the numer- tion for adjustment of status has been proc- under section 3(a)(1) of this National Science ical limitations of paragraph (1) shall be essed and a decision made thereon. Foundation Act of 1950 (42 U.S.C. issued visas (or otherwise provided non- SEC. 5. INCREASED PORTABILITY OF H–1B STA- 1862(a)(1)).’’; immigrant status) in the order in which peti- TUS. (4) in paragraph (6), by striking ‘‘6 per- tions are filed for such visas or status. If an (a) IN GENERAL.—Section 214 of the Immi- cent’’ and inserting ‘‘5 percent’’; and alien who was issued a visa or otherwise pro- gration and Nationality Act (8 U.S.C. 1184) is (5) in paragraph (6), by striking ‘‘3 per- vided nonimmigrant status and counted amended by adding at the end the following cent’’ each place it appears and inserting against the numerical limitations of para- new subsection: ‘‘2.5 percent’’. ‘‘(m)(1) A nonimmigrant alien described in graph (1) is found to have been issued such (b) LOW-INCOME SCHOLARSHIP PROGRAM.— paragraph (2) who was previously issued a visa or otherwise provided such status by Section 414(d)(3) of the American Competi- visa or otherwise provided nonimmigrant fraud or willfully misrepresenting a material tiveness and Workforce Improvement Act of status under section 101(a)(15)(H)(i)(b) is au- fact and such visa or nonimmigrant status is 1998 (as contained in title IV of division C of thorized to accept new employment upon the revoked, then one number shall be restored Public Law 105–277) is amended by striking filing by the prospective employer of a new to the total number of aliens who may be ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per petition on behalf of such nonimmigrant as issued visas or otherwise provided such sta- year. The Director may renew scholarships provided under subsection (a). Employment tus under the numerical limitations of para- for up to 4 years.’’. authorization shall continue for such alien graph (1) in the fiscal year in which the peti- until the new petition is adjudicated. If the tion is revoked, regardless of the fiscal year (c) REPORTING REQUIREMENT.—Section 414 new petition is denied, such authorization in which the petition was approved.’’. of the American Competitiveness and Work- shall cease. SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- force Improvement Act of 1998 (as contained ‘‘(2) A nonimmigrant alien described in ITAL DIVIDE’’. in title IV of division C of Public Law 105– this paragraph is a nonimmigrant alien— (a) STUDY.—The National Science Founda- 277) is amended by adding at the end the fol- ‘‘(A) who has been lawfully admitted into tion shall conduct a study of the divergence lowing new subsection: the United States; in access to high technology (commonly re- ‘‘(e) REPORTING REQUIREMENT.—The Sec- ‘‘(B) on whose behalf an employer has filed ferred to as the ‘‘digital divide’’) in the retary of Labor and the Director of the Na- a nonfrivolous petition for new employment United States. tional Science Foundation shall—

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9304 CONGRESSIONAL RECORD — SENATE September 26, 2000 ‘‘(1) track and monitor the performance of that may include any educational, labor, occupational skill standards, certificates, or programs receiving H–1B Nonimmigrant Fee community organization, or workforce in- licensing requirements. grant money; and vestment board, except that such grant ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- ‘‘(2) not later than one year after the date funds may be used only to carry out a strat- TIONS.—Applications for grants shall— of enactment of this subsection, submit a re- egy that would otherwise not be eligible for ‘‘(i) articulate the level of skills that work- port to the Committees on the Judiciary of funds provided under clause (i), due to bar- ers will be trained for and the manner by the House of Representatives and the riers in meeting those partnership eligibility which attainment of those skills will be Senate— criteria, on a national, multistate, regional, measured; and ‘‘(A) the tracking system to monitor the or rural area (such as rural telework pro- ‘‘(ii) include an agreement that the pro- performance of programs receiving H–1B grams) basis. gram or project shall be subject to evalua- grant funding; and ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL tion by the Secretary of Labor to measure ‘‘(B) the number of individuals who have AGENTS.—Each partnership formed under its effectiveness. completed training and have entered the subparagraph (A) shall designate a respon- ‘‘(5) MATCHING FUNDS.—Each application high-skill workforce through these pro- sible fiscal agent to receive and disburse for a grant to carry out a program or project grams.’’. grant funds under this subsection. described in paragraph (1)(A) shall state the SEC. 11. DEMONSTRATION PROGRAMS AND ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- manner by which the partnership will pro- PROJECTS TO PROVIDE TECHNICAL sideration in the awarding of grants shall be vide non-Federal matching resources (cash, SKILLS TRAINING FOR WORKERS. or in-kind contributions, or both) equal to at Section 414(c) of the American Competi- given to any partnership that involves and directly benefits more than one small busi- least 50 percent of the total grant amount tiveness and Workforce Improvement Act of awarded under paragraph (2)(A)(i), and at 1998 (as contained in title IV of division C of ness (each consisting of 100 employees or least 100 percent of the total grant amount Public Law 105–277; 112 Stat. 2681–653) is less). awarded under paragraph (2)(A)(ii). At least amended to read as follows: ‘‘(D) ALLOCATION OF GRANTS.—In making one-half of the non-Federal matching funds ‘‘(c) DEMONSTRATION PROGRAMS AND grants under this paragraph, the Secretary shall be from the business or businesses or PROJECTS TO PROVIDE TECHNICAL SKILLS shall make every effort to fairly distribute TRAINING FOR WORKERS.— grants across rural and urban areas, and business-related nonprofit organizations in- ‘‘(1) IN GENERAL.— across the different geographic regions of the volved. Consideration in the award of grants ‘‘(A) FUNDING.—The Secretary of Labor United States. The total amount of grants shall be given to applicants that provide a shall use funds available under section awarded to carry out programs and projects specific commitment or commitments of re- 286(s)(2) of the Immigration and Nationality described in paragraph (1)(A) shall be allo- sources from other public or private sources, Act (8 U.S.C. 1356(s)(2)) to establish dem- cated as follows: or both, so as to demonstrate the long-term onstration programs or projects to provide ‘‘(i) At least 80 percent of the grants shall sustainability of the training program or technical skills training for workers, includ- be awarded to programs and projects that project after the grant expires. ing both employed and unemployed workers. train employed and unemployed workers in ‘‘(6) ADMINISTRATIVE COSTS.—An entity ‘‘(B) TRAINING PROVIDED.—Training funded skills that are in shortage in high tech- that receives a grant to carry out a program by a program or project described in sub- nology, information technology, and bio- or project described in paragraph (1)(A) may paragraph (A) shall be for persons who are technology, including skills needed for soft- not use more than 10 percent of the amount currently employed and who wish to obtain ware and communications services, tele- of the grant to pay for administrative costs and upgrade skills as well as for persons who communications, systems installation and associated with the program or project.’’. are unemployed. Such training is not limited integration, computers and communications SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- to skill levels commensurate with a four- hardware, advanced manufacturing, health PUTER EDUCATION INITIATIVE. year undergraduate degree, but should in- care technology, biotechnology and bio- (a) SHORT TITLE.—This section may be clude the preparation of workers for a broad medical research and manufacturing, and in- cited as the ‘‘Kids 2000 Act’’. range of positions along a career ladder. Con- novation services. (b) FINDINGS.—Congress makes the fol- sideration shall be given to the use of grant ‘‘(ii) No more than 20 percent of the grants lowing findings: funds to demonstrate a significant ability to shall be available to programs and projects (1) There is an increasing epidemic of juve- expand a training program or project that train employed and unemployed work- nile crime throughout the United States. through such means as training more work- ers for skills related to any H–1B skill short- (2) It is well documented that the majority ers or offering more courses, and training age. of juvenile crimes take place during after- programs or projects resulting from collabo- ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- school hours. rations, especially with more than one small graph (D)(ii), the term ‘H–1B skill shortage’ (3) Knowledge of technology is becoming business or with a labor-management train- means a shortage of skills necessary for em- increasingly necessary for children in school ing program or project. All training shall be ployment in a specialty occupation, as de- and out of school. justified with evidence of skill shortages as fined in section 214(i) of the Immigration and (4) The Boys and Girls Clubs of America demonstrated through reliable regional, Nationality Act. have 2,700 clubs throughout all 50 States, State, or local data. ‘‘(3) START-UP FUNDS.— serving over 3,000,000 boys and girls pri- ‘‘(2) GRANTS.— ‘‘(A) IN GENERAL.—Except as provided in marily from at-risk communities. ‘‘(A) ELIGIBILITY.—To carry out the pro- subparagraph (B), not more than 5 percent of (5) The Boys and Girls Clubs of America grams and projects described in paragraph any single grant, or not to exceed $75,000, have the physical structures in place for im- (1)(A), the Secretary of Labor shall, in con- whichever is less, may be used toward the mediate implementation of an after-school sultation with the Secretary of Commerce, start-up costs of partnerships or new train- technology program. subject to the availability of funds in the H– ing programs and projects. (6) Building technology centers and pro- 1B Nonimmigrant Petitioner Account, ‘‘(B) EXCEPTION.—In the case of partner- viding integrated content and full-time staff- award— ships consisting primarily of small busi- ing at those centers in the Boys and Girls ‘‘(i) 75 percent of the grants to a local nesses, not more than 10 percent of any sin- Clubs of America nationwide will help foster workforce investment board established gle grant, or $150,000, whichever is less, may education, job training, and an alternative under section 117 of the Workforce Invest- be used toward the start-up costs of partner- to crime for at-risk youth. ment Act of 1998 (29 U.S.C. 2832) or consortia ships or new training programs and projects. (7) Partnerships between the public sector of such boards in a region. Each workforce ‘‘(C) DURATION OF START-UP PERIOD.—For and the private sector are an effective way of investment board or consortia of boards re- purposes of this subsection, a start-up period providing after-school technology programs ceiving grant funds shall represent a local or consists of a period of not more than 2 in the Boys and Girls Clubs of America. regional public-private partnership con- months after the grant period begins, at (8) PowerUp: Bridging the Digital Divide is sisting of at least— which time training shall immediately begin an entity comprised of more than a dozen ‘‘(I) one workforce investment board; and no further Federal funds may be used for nonprofit organizations, major corporations, ‘‘(II) one community-based organization or start-up purposes. and Federal agencies that have joined to- higher education institution or labor union; ‘‘(4) TRAINING OUTCOMES.— gether to launch a major new initiative to and ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS help ensure that America’s underserved ‘‘(III) one business or business-related non- AND PROJECTS.—Consideration in the award- young people acquire the skills, experiences, profit organization such as a trade associa- ing of grants shall be given to applicants and resources they need to succeed in the tion; and that provide a specific, measurable commit- digital age. ‘‘(ii) 25 percent of the grants under the Sec- ment upon successful completion of a train- (9) Bringing PowerUp into the Boys and retary of Labor’s authority to award grants ing course, to— Girls Clubs of America will be an effective for demonstration projects or programs ‘‘(i) hire or effectuate the hiring of unem- way to ensure that our youth have a safe, under section 171 of the Workforce Invest- ployed trainees (where applicable); crime-free environment in which to learn the ment Act (29 U.S.C. 2916) to partnerships ‘‘(ii) increase the wages or salary of incum- technological skills they need to close the that shall consist of at least 2 businesses or bent workers (where applicable); and divide between young people who have access a business-related nonprofit organization ‘‘(iii) provide skill certifications to train- to computer-based information and tech- that represents more than one business, and ees or link the training to industry-accepted nology-related skills and those who do not.

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(c) AFTER-SCHOOL TECHNOLOGY GRANTS TO thereof to any person or circumstance is held ‘‘(7) Any alien who has already been count- THE BOYS AND GIRLS CLUBS OF AMERICA.— invalid, the remainder of the Act (and the ed, within the 6 years prior to the approval (1) PURPOSES.—The Attorney General shall amendments made by this Act) and the ap- of a petition described in subsection (c), to- make grants to the Boys and Girls Clubs of plication of such provision to any other per- ward the numerical limitations of paragraph America for the purpose of funding effective son or circumstance shall not be affected (1)(A) shall not again be counted toward after-school technology programs, such as thereby. This section shall be enacted two those limitations unless the alien would be PowerUp, in order to provide— days after effective date. eligible for a full 6 years of authorized ad- (A) constructive technology-focused activi- mission at the time the petition is filed. ties that are part of a comprehensive pro- AMENDMENT NO. 4214 Where multiple petitions are approved for 1 gram to provide access to technology and At the appropriate place insert the fol- alien, that alien shall be counted only technology training to youth during after- lowing: once.’’. school hours, weekends, and school vaca- SECTION 1. SHORT TITLE. SEC. 4. LIMITATION ON PER COUNTRY CEILING tions; This Act may be cited as the ‘‘American WITH RESPECT TO EMPLOYMENT- (B) supervised activities in safe environ- Competitiveness in the Twenty-first Century BASED IMMIGRANTS. ments for youth; and Act of 2000’’. (a) SPECIAL RULES.—Section 202(a) of the (C) full-time staffing with teachers, tutors, SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- Immigration and Nationality Act (8 U.S.C. and other qualified personnel. MENTS. 1152(a)) is amended by adding at the end the (2) SUBAWARDS.—The Boys and Girls Clubs (a) FISCAL YEARS 2000–2002.—Section following new paragraph: of America shall make subawards to local 214(g)(1)(A) of the Immigration and Nation- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- boys and girls clubs authorizing expenditures ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— GRANTS.— associated with providing technology pro- (1) by redesignating clause (v) as clause ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT grams such as PowerUp, including the hiring (vi); and SUBJECT TO PER COUNTRY LIMITATION IF ADDI- of teachers and other personnel, procure- (2) by striking clauses (iii) and (iv) and in- TIONAL VISAS AVAILABLE.—If the total num- ment of goods and services, including com- serting the following: ber of visas available under paragraph (1), puter equipment, or such other purposes as ‘‘(iii) 195,000 in fiscal year 2000; and (2), (3), (4), or (5) of section 203(b) for a cal- are approved by the Attorney General. ‘‘(iv) 195,000 in fiscal year 2001; endar quarter exceeds the number of quali- (d) APPLICATIONS.— ‘‘(v) 195,000 in fiscal year 2002; and’’. fied immigrants who may otherwise be (1) ELIGIBILITY.—In order to be eligible to (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available receive a grant under this section, an appli- 1999.— under that paragraph shall be issued without cant for a subaward (specified in subsection (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under (c)(2)) shall submit an application to the 214(g)(1)(A)(ii) of the Immigration and Na- paragraph (2) of this subsection during the Boys and Girls Clubs of America, in such tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. form and containing such information as the total number of aliens who may be issued ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN Attorney General may reasonably require. visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the (2) APPLICATION REQUIREMENTS.—Each ap- status under section 101(a)(15)(H)(i)(b) of case of a foreign state or dependent area to plication submitted in accordance with para- such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total graph (1) shall include— number equal to the number of aliens who number of visas issued under section 203(b) (A) a request for a subgrant to be used for are issued such a visa or provided such status exceeds the maximum number of visas that the purposes of this section; during the period beginning on the date on may be made available to immigrants of the (B) a description of the communities to be which the limitation in such section state or area under section 203(b) consistent served by the grant, including the nature of 214(g)(1)(A)(ii) is reached and ending on Sep- with subsection (e) (determined without re- juvenile crime, violence, and drug use in the tember 30, 1999. gard to this paragraph), in applying sub- communities; (2) EFFECTIVE DATE.—Paragraph (1) shall section (e) all visas shall be deemed to have (C) written assurances that Federal funds take effect as if included in the enactment of been required for the classes of aliens speci- received under this section will be used to section 411 of the American Competitiveness fied in section 203(b).’’. supplement and not supplant, non-Federal and Workforce Improvement Act of 1998 (as (b) CONFORMING AMENDMENTS.— funds that would otherwise be available for contained in title IV of division C of the Om- (1) Section 202(a)(2) of the Immigration and activities funded under this section; nibus Consolidated and Emergency Supple- Nationality Act (8 U.S.C. 1152(a)(2)) is (D) written assurances that all activities mental Appropriations Act, 1999; Public Law amended by striking ‘‘paragraphs (3) and (4)’’ funded under this section will be supervised 105–277). and inserting ‘‘paragraphs (3), (4), and (5)’’. by qualified adults; SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and (E) a plan for assuring that program activi- SEARCH FACILITIES, AND GRAD- Nationality Act (8 U.S.C. 1152(e)(3)) is ties will take place in a secure environment UATE DEGREE RECIPIENTS; COUNT- amended by striking ‘‘the proportion of the that is free of crime and drugs; ING RULES. visa numbers’’ and inserting ‘‘except as pro- (F) a plan outlining the utilization of con- Section 214(g) of the Immigration and Na- vided in subsection (a)(5), the proportion of tent-based programs such as PowerUp, and tionality Act (8 U.S.C. 1184(g)) is amended by the visa numbers’’. the provision of trained adult personnel to adding at the end the following new para- (c) ONE-TIME PROTECTION UNDER PER COUN- supervise the after-school technology train- graphs: TRY CEILING.—Notwithstanding section ing; and ‘‘(5) The numerical limitations contained 214(g)(4) of the Immigration and Nationality (G) any additional statistical or financial in paragraph (1)(A) shall not apply to any Act (8 U.S.C. 1184(g)(4)), any alien who— information that the Boys and Girls Clubs of nonimmigrant alien issued a visa or other- (1) is the beneficiary of a petition filed America may reasonably require. wise provided status under section under section 204(a) of that Act for a pref- (e) GRANT AWARDS.—In awarding subgrants 101(a)(15)(H)(i)(b)— erence status under paragraph (1), (2), or (3) under this section, the Boys and Girls Clubs ‘‘(A) who is employed (or has received an of section 203(b) of that Act; and of America shall consider— offer of employment) at— (2) would be subject to the per country lim- (1) the ability of the applicant to provide ‘‘(i) an institution of higher education (as itations applicable to immigrants but for the intended services; defined in section 101(a) of the Higher Edu- this subsection, (2) the history and establishment of the ap- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- may apply for, and the Attorney General plicant in providing youth activities; and lated or affiliated nonprofit entity; or may grant, an extension of such non- (3) the extent to which services will be pro- ‘‘(ii) a nonprofit research organization or a immigrant status until the alien’s applica- vided in crime-prone areas and techno- governmental research organization; or tion for adjustment of status has been proc- logically underserved populations, and ef- ‘‘(B) for whom a petition is filed not more essed and a decision made thereon. forts to achieve an equitable geographic dis- than 90 days before or not more than 180 days SEC. 5. INCREASED PORTABILITY OF H–1B STA- tribution of the grant awards. after the nonimmigrant has attained a mas- TUS. (f) AUTHORIZATION OF APPROPRIATIONS.— ter’s degree or higher degree from an institu- (a) IN GENERAL.—Section 214 of the Immi- (1) IN GENERAL.—There is authorized to be tion of higher education (as defined in sec- gration and Nationality Act (8 U.S.C. 1184) is appropriated $20,000,000 for each of the fiscal tion 101(a) of the Higher Education Act of amended by adding at the end the following years 2001 through 2006 to carry out this sec- 1965 (20 U.S.C. 1001(a))). new subsection: tion. ‘‘(6) Any alien who ceases to be employed ‘‘(m)(1) A nonimmigrant alien described in (2) SOURCE OF FUNDS.—Funds to carry out by an employer described in paragraph (5)(A) paragraph (2) who was previously issued a this section may be derived from the Violent shall, if employed as a nonimmigrant alien visa or otherwise provided nonimmigrant Crime Reduction Trust Fund. described in section 101(a)(15)(H)(i)(b), who status under section 101(a)(15)(H)(i)(b) is au- (3) CONTINUED AVAILABILITY.—Amounts has not previously been counted toward the thorized to accept new employment upon the made available under this subsection shall numerical limitations contained in para- filing by the prospective employer of a new remain available until expended. graph (1)(A), be counted toward those limita- petition on behalf of such nonimmigrant as SEC. 13. SEVERABILITY. tions the first time the alien is employed by provided under subsection (a). Employment If any provision of this Act (or any amend- an employer other than one described in authorization shall continue for such alien ment made by this Act) or the application paragraph (5)(A). until the new petition is adjudicated. If the

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9306 CONGRESSIONAL RECORD — SENATE September 26, 2000 new petition is denied, such authorization SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- shall cease. ITAL DIVIDE’’. lowing new subsection: ‘‘(2) A nonimmigrant alien described in (a) STUDY.—The National Science Founda- ‘‘(e) REPORTING REQUIREMENT.—The Sec- this paragraph is a nonimmigrant alien— tion shall conduct a study of the divergence retary of Labor and the Director of the Na- ‘‘(A) who has been lawfully admitted into in access to high technology (commonly re- tional Science Foundation shall— the United States; ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of ‘‘(B) on whose behalf an employer has filed United States. programs receiving H–1B Nonimmigrant Fee a nonfrivolous petition for new employment (b) REPORT.—Not later than 18 months grant money; and before the date of expiration of the period of after the date of enactment of this Act, the ‘‘(2) not later than one year after the date stay authorized by the Attorney General; Director of the National Science Foundation of enactment of this subsection, submit a re- and shall submit a report to Congress setting port to the Committees on the Judiciary of ‘‘(C) who has not been employed without forth the findings of the study conducted the House of Representatives and the authorization before or during the pendency under subsection (a). Senate— of such petition for new employment in the SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the United States.’’. TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B (b) EFFECTIVE DATE.—The amendment (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and made by subsection (a) shall apply to peti- of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have tions filed before, on, or after the date of en- U.S.C. 1356(s)) is amended— completed training and have entered the actment of this Act. (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- cent’’ and inserting ‘‘55 percent’’; SEC. 6. SPECIAL PROVISIONS IN CASES OF grams.’’. LENGTHY ADJUDICATIONS. (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND (a) EXEMPTION FROM LIMITATION.—The lim- cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL itation contained in section 214(g)(4) of the (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. Immigration and Nationality Act (8 U.S.C. follows: Section 414(c) of the American Competi- 1184(g)(4)) with respect to the duration of au- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of thorized stay shall not apply to any non- PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of immigrant alien previously issued a visa or SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is otherwise provided nonimmigrant status ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: ‘‘(c) DEMONSTRATION PROGRAMS AND under section 101(a)(15)(H)(i)(b) of that Act amounts deposited into the H–1B Non- PROJECTS TO PROVIDE TECHNICAL SKILLS on whose behalf a petition under section immigrant Petitioner Account shall remain TRAINING FOR WORKERS.— 204(b) of that Act to accord the alien immi- available to the Director of the National ‘‘(1) IN GENERAL.— grant status under section 203(b) of that Act, Science Foundation until expended to carry ‘‘(A) FUNDING.—The Secretary of Labor or an application for adjustment of status out a direct or matching grant program to shall use funds available under section under section 245 of that Act to accord the support private-public partnerships in K–12 286(s)(2) of the Immigration and Nationality alien status under such section 203(b), has education. Act (8 U.S.C. 1356(s)(2)) to establish dem- been filed, if 365 days or more have elapsed ‘‘(B) TYPES OF PROGRAMS COVERED.—The onstration programs or projects to provide since— Director shall award grants to such pro- technical skills training for workers, includ- (1) the filing of a labor certification appli- grams, including those which support the de- ing both employed and unemployed workers. cation on the alien’s behalf (if such certifi- velopment and implementation of standards- ‘‘(B) TRAINING PROVIDED.—Training funded cation is required for the alien to obtain sta- based instructional materials models and re- by a program or project described in sub- tus under such section 203(b)); or lated student assessments that enable K–12 paragraph (A) shall be for persons who are (2) the filing of the petition under such sec- students to acquire an understanding of currently employed and who wish to obtain tion 204(b). science, mathematics, and technology, as and upgrade skills as well as for persons who (b) EXTENSION OF H1–B WORKER STATUS.— well as to develop critical thinking skills; The Attorney General shall extend the stay provide systemic improvement in training are unemployed. Such training is not limited of an alien who qualifies for an exemption K–12 teachers and education for students in to skill levels commensurate with a four- under subsection (a) in one-year increments science, mathematics, and technology; sup- year undergraduate degree, but should in- until such time as a final decision is made on port the professional development of K–12 clude the preparation of workers for a broad the alien’s lawful permanent residence. math and science teachers in the used of range of positions along a career ladder. Con- sideration shall be given to the use of grant SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS technology in the classroom; stimulate sys- AND AUTHORITIES THROUGH FIS- tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to CAL YEAR 2002. matics, and technology in rural, economi- expand a training program or project (a) ATTESTATION REQUIREMENTS.—Section cally disadvantaged regions of the United through such means as training more work- 212(n)(1)(E)(ii)) of the Immigration and Na- States; provide externships and other oppor- ers or offering more courses, and training tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is tunities for students to increase their appre- programs or projects resulting from collabo- amended by striking ‘‘October 1, 2001’’ and ciation and understanding of science, mathe- rations, especially with more than one small inserting ‘‘October 1, 2002’’. matics, engineering, and technology (includ- business or with a labor-management train- (b) DEPARTMENT OF LABOR INVESTIGATIVE ing summer institutes sponsored by an insti- ing program or project. All training shall be AUTHORITIES.—Section 413(e)(2) of the Amer- tution of higher education for students in justified with evidence of skill shortages as ican Competitiveness and Workforce Im- grades 7–12 that provide instruction in such demonstrated through reliable regional, provement Act of 1998 (as contained in title fields); involve partnerships of industry, edu- State, or local data. IV of division C of Public Law 105–277) is cational institutions, and community orga- ‘‘(2) GRANTS.— amended by striking ‘‘September 30, 2001’’ nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- and inserting ‘‘September 30, 2002’’. disadvantaged communities; provide college grams and projects described in paragraph SEC. 8. RECOVERY OF VISAS USED FRAUDU- preparatory support to expose and prepare (1)(A), the Secretary of Labor shall, in con- LENTLY. students for careers in science, mathematics, sultation with the Secretary of Commerce, Section 214(g)(3) of the Immigration and engineering, and technology; and provide for subject to the availability of funds in the H– Nationality Act (8 U.S.C. 1184 (g)(3)) is carrying out systemic reform activities 1B Nonimmigrant Petitioner Account, amended to read as follows: under section 3(a)(1) of this National Science award— ‘‘(3) Aliens who are subject to the numer- Foundation Act of 1950 (42 U.S.C. ‘‘(i) 75 percent of the grants to a local ical limitations of paragraph (1) shall be 1862(a)(1)).’’; workforce investment board established issued visas (or otherwise provided non- (4) in paragraph (6), by striking ‘‘6 per- under section 117 of the Workforce Invest- immigrant status) in the order in which peti- cent’’ and inserting ‘‘5 percent’’; and ment Act of 1998 (29 U.S.C. 2832) or consortia tions are filed for such visas or status. If an (5) in paragraph (6), by striking ‘‘3 per- of such boards in a region. Each workforce alien who was issued a visa or otherwise pro- cent’’ each place it appears and inserting investment board or consortia of boards re- vided nonimmigrant status and counted ‘‘2.5 percent’’. ceiving grant funds shall represent a local or against the numerical limitations of para- (b) LOW-INCOME SCHOLARSHIP PROGRAM.— regional public-private partnership con- graph (1) is found to have been issued such Section 414(d)(3) of the American Competi- sisting of at least— visa or otherwise provided such status by tiveness and Workforce Improvement Act of ‘‘(I) one workforce investment board; fraud or willfully misrepresenting a material 1998 (as contained in title IV of division C of ‘‘(II) one community-based organization or fact and such visa or nonimmigrant status is Public Law 105–277) is amended by striking higher education institution or labor union; revoked, then one number shall be restored ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per and to the total number of aliens who may be year. The Director may renew scholarships ‘‘(III) one business or business-related non- issued visas or otherwise provided such sta- for up to 4 years.’’. profit organization such as a trade associa- tus under the numerical limitations of para- (c) REPORTING REQUIREMENT.—Section 414 tion; and graph (1) in the fiscal year in which the peti- of the American Competitiveness and Work- ‘‘(ii) 25 percent of the grants under the Sec- tion is revoked, regardless of the fiscal year force Improvement Act of 1998 (as contained retary of Labor’s authority to award grants in which the petition was approved.’’. in title IV of division C of Public Law 105– for demonstration projects or programs

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9307 under section 171 of the Workforce Invest- ‘‘(ii) increase the wages or salary of incum- divide between young people who have access ment Act (29 U.S.C. 2916) to partnerships bent workers (where applicable); and to computer-based information and tech- that shall consist of at least 2 businesses or ‘‘(iii) provide skill certifications to train- nology-related skills and those who do not. a business-related nonprofit organization ees or link the training to industry-accepted (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO that represents more than one business, and occupational skill standards, certificates, or THE BOYS AND GIRLS CLUBS OF AMERICA.— that may include any educational, labor, licensing requirements. (1) PURPOSES.—The Attorney General shall community organization, or workforce in- ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- make grants to the Boys and Girls Clubs of vestment board, except that such grant TIONS.—Applications for grants shall— America for the purpose of funding effective funds may be used only to carry out a strat- ‘‘(i) articulate the level of skills that work- after-school technology programs, such as egy that would otherwise not be eligible for ers will be trained for and the manner by PowerUp, in order to provide— funds provided under clause (i), due to bar- which attainment of those skills will be (A) constructive technology-focused activi- riers in meeting those partnership eligibility measured; and ties that are part of a comprehensive pro- criteria, on a national, multistate, regional, ‘‘(ii) include an agreement that the pro- gram to provide access to technology and or rural area (such as rural telework pro- gram or project shall be subject to evalua- technology training to youth during after- grams) basis. tion by the Secretary of Labor to measure school hours, weekends, and school vaca- ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL its effectiveness. tions; AGENTS.—Each partnership formed under ‘‘(5) MATCHING FUNDS.—Each application (B) supervised activities in safe environ- subparagraph (A) shall designate a respon- for a grant to carry out a program or project ments for youth; and sible fiscal agent to receive and disburse described in paragraph (1)(A) shall state the (C) full-time staffing with teachers, tutors, grant funds under this subsection. manner by which the partnership will pro- and other qualified personnel. ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- vide non-Federal matching resources (cash, (2) SUBAWARDS.—The Boys and Girls Clubs sideration in the awarding of grants shall be or in-kind contributions, or both) equal to at of America shall make subawards to local given to any partnership that involves and least 50 percent of the total grant amount boys and girls clubs authorizing expenditures directly benefits more than one small busi- awarded under paragraph (2)(A)(i), and at associated with providing technology pro- ness (each consisting of 100 employees or least 100 percent of the total grant amount grams such as PowerUp, including the hiring less). awarded under paragraph (2)(A)(ii). At least of teachers and other personnel, procure- ‘‘(D) ALLOCATION OF GRANTS.—In making one-half of the non-Federal matching funds ment of goods and services, including com- grants under this paragraph, the Secretary shall be from the business or businesses or puter equipment, or such other purposes as shall make every effort to fairly distribute business-related nonprofit organizations in- are approved by the Attorney General. grants across rural and urban areas, and volved. Consideration in the award of grants (d) APPLICATIONS.— across the different geographic regions of the shall be given to applicants that provide a (1) ELIGIBILITY.—In order to be eligible to United States. The total amount of grants specific commitment or commitments of re- receive a grant under this section, an appli- awarded to carry out programs and projects sources from other public or private sources, cant for a subaward (specified in subsection described in paragraph (1)(A) shall be allo- or both, so as to demonstrate the long-term (c)(2)) shall submit an application to the cated as follows: sustainability of the training program or Boys and Girls Clubs of America, in such ‘‘(i) At least 80 percent of the grants shall project after the grant expires. form and containing such information as the be awarded to programs and projects that ‘‘(6) ADMINISTRATIVE COSTS.—An entity Attorney General may reasonably require. train employed and unemployed workers in that receives a grant to carry out a program (2) APPLICATION REQUIREMENTS.—Each ap- skills that are in shortage in high tech- or project described in paragraph (1)(A) may plication submitted in accordance with para- nology, information technology, and bio- not use more than 10 percent of the amount graph (1) shall include— technology, including skills needed for soft- of the grant to pay for administrative costs (A) a request for a subgrant to be used for ware and communications services, tele- associated with the program or project.’’. the purposes of this section; communications, systems installation and SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- (B) a description of the communities to be integration, computers and communications PUTER EDUCATION INITIATIVE. served by the grant, including the nature of hardware, advanced manufacturing, health (a) SHORT TITLE.—This section may be juvenile crime, violence, and drug use in the care technology, biotechnology and bio- cited as the ‘‘Kids 2000 Act’’. communities; medical research and manufacturing, and in- (b) FINDINGS.—Congress makes the fol- (C) written assurances that Federal funds novation services. lowing findings: received under this section will be used to ‘‘(ii) No more than 20 percent of the grants (1) There is an increasing epidemic of juve- supplement and not supplant, non-Federal shall be available to programs and projects nile crime throughout the United States. funds that would otherwise be available for that train employed and unemployed work- (2) It is well documented that the majority activities funded under this section; ers for skills related to any H–1B skill short- of juvenile crimes take place during after- (D) written assurances that all activities age. school hours. funded under this section will be supervised ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- (3) Knowledge of technology is becoming by qualified adults; graph (D)(ii), the term ‘H–1B skill shortage’ increasingly necessary for children in school (E) a plan for assuring that program activi- means a shortage of skills necessary for em- and out of school. ties will take place in a secure environment ployment in a specialty occupation, as de- (4) The Boys and Girls Clubs of America that is free of crime and drugs; fined in section 214(i) of the Immigration and have 2,700 clubs throughout all 50 States, (F) a plan outlining the utilization of con- Nationality Act. serving over 3,000,000 boys and girls pri- tent-based programs such as PowerUp, and ‘‘(3) START-UP FUNDS.— marily from at-risk communities. the provision of trained adult personnel to ‘‘(A) IN GENERAL.—Except as provided in (5) The Boys and Girls Clubs of America supervise the after-school technology train- subparagraph (B), not more than 5 percent of have the physical structures in place for im- ing; and any single grant, or not to exceed $75,000, mediate implementation of an after-school (G) any additional statistical or financial whichever is less, may be used toward the technology program. information that the Boys and Girls Clubs of start-up costs of partnerships or new train- (6) Building technology centers and pro- America may reasonably require. ing programs and projects. viding integrated content and full-time staff- (e) GRANT AWARDS.—In awarding subgrants ‘‘(B) EXCEPTION.—In the case of partner- ing at those centers in the Boys and Girls under this section, the Boys and Girls Clubs ships consisting primarily of small busi- Clubs of America nationwide will help foster of America shall consider— nesses, not more than 10 percent of any sin- education, job training, and an alternative (1) the ability of the applicant to provide gle grant, or $150,000, whichever is less, may to crime for at-risk youth. the intended services; be used toward the start-up costs of partner- (7) Partnerships between the public sector (2) the history and establishment of the ap- ships or new training programs and projects. and the private sector are an effective way of plicant in providing youth activities; and ‘‘(C) DURATION OF START-UP PERIOD.—For providing after-school technology programs (3) the extent to which services will be pro- purposes of this subsection, a start-up period in the Boys and Girls Clubs of America. vided in crime-prone areas and techno- consists of a period of not more than 2 (8) PowerUp: Bridging the Digital Divide is logically underserved populations, and ef- months after the grant period begins, at an entity comprised of more than a dozen forts to achieve an equitable geographic dis- which time training shall immediately begin nonprofit organizations, major corporations, tribution of the grant awards. and no further Federal funds may be used for and Federal agencies that have joined to- (f) AUTHORIZATION OF APPROPRIATIONS.— start-up purposes. gether to launch a major new initiative to (1) IN GENERAL.—There is authorized to be ‘‘(4) TRAINING OUTCOMES.— help ensure that America’s underserved appropriated $20,000,000 for each of the fiscal ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS young people acquire the skills, experiences, years 2001 through 2006 to carry out this sec- AND PROJECTS.—Consideration in the award- and resources they need to succeed in the tion. ing of grants shall be given to applicants digital age. (2) SOURCE OF FUNDS.—Funds to carry out that provide a specific, measurable commit- (9) Bringing PowerUp into the Boys and this section may be derived from the Violent ment upon successful completion of a train- Girls Clubs of America will be an effective Crime Reduction Trust Fund. ing course, to— way to ensure that our youth have a safe, (3) CONTINUED AVAILABILITY.—Amounts ‘‘(i) hire or effectuate the hiring of unem- crime-free environment in which to learn the made available under this subsection shall ployed trainees (where applicable); technological skills they need to close the remain available until expended.

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9308 CONGRESSIONAL RECORD — SENATE September 26, 2000 SEC. 13. SEVERABILITY. graph (1)(A), be counted toward those limita- petition on behalf of such nonimmigrant as If any provision of this Act (or any amend- tions the first time the alien is employed by provided under subsection (a). Employment ment made by this Act) or the application an employer other than one described in authorization shall continue for such alien thereof to any person or circumstance is held paragraph (5)(A). until the new petition is adjudicated. If the invalid, the remainder of the Act (and the ‘‘(7) Any alien who has already been count- new petition is denied, such authorization amendments made by this Act) and the ap- ed, within the 6 years prior to the approval shall cease. plication of such provision to any other per- of a petition described in subsection (c), to- ‘‘(2) A nonimmigrant alien described in son or circumstance shall not be affected ward the numerical limitations of paragraph this paragraph is a nonimmigrant alien— thereby. This section shall be enacted three (1)(A) shall not again be counted toward ‘‘(A) who has been lawfully admitted into days after effective date. those limitations unless the alien would be the United States; eligible for a full 6 years of authorized ad- ‘‘(B) on whose behalf an employer has filed AMENDMENT NO. 4215 mission at the time the petition is filed. a nonfrivolous petition for new employment Strike all after the first word and insert Where multiple petitions are approved for 1 before the date of expiration of the period of the following: alien, that alien shall be counted only stay authorized by the Attorney General; once.’’. SECTION 1. SHORT TITLE. and This Act may be cited as the ‘‘American SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without WITH RESPECT TO EMPLOYMENT- authorization before or during the pendency Competitiveness in the Twenty-first Century BASED IMMIGRANTS. Act of 2000’’. of such petition for new employment in the (a) SPECIAL RULES.—Section 202(a) of the United States.’’. SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- Immigration and Nationality Act (8 U.S.C. (b) EFFECTIVE DATE.—The amendment MENTS. 1152(a)) is amended by adding at the end the made by subsection (a) shall apply to peti- (a) FISCAL YEARS 2000–2002.—Section following new paragraph: tions filed before, on, or after the date of en- 214(g)(1)(A) of the Immigration and Nation- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- actment of this Act. ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— GRANTS.— (1) by redesignating clause (v) as clause SEC. 6. SPECIAL PROVISIONS IN CASES OF ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT LENGTHY ADJUDICATIONS. (vi); and SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (2) by striking clauses (iii) and (iv) and in- (a) EXEMPTION FROM LIMITATION.—The lim- TIONAL VISAS AVAILABLE.—If the total num- itation contained in section 214(g)(4) of the serting the following: ber of visas available under paragraph (1), ‘‘(iii) 195,000 in fiscal year 2000; and Immigration and Nationality Act (8 U.S.C. (2), (3), (4), or (5) of section 203(b) for a cal- 1184(g)(4)) with respect to the duration of au- ‘‘(iv) 195,000 in fiscal year 2001; endar quarter exceeds the number of quali- ‘‘(v) 195,000 in fiscal year 2002; and’’. thorized stay shall not apply to any non- fied immigrants who may otherwise be immigrant alien previously issued a visa or (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available 1999.— otherwise provided nonimmigrant status under that paragraph shall be issued without under section 101(a)(15)(H)(i)(b) of that Act (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under 214(g)(1)(A)(ii) of the Immigration and Na- on whose behalf a petition under section paragraph (2) of this subsection during the 204(b) of that Act to accord the alien immi- tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. total number of aliens who may be issued grant status under section 203(b) of that Act, ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN or an application for adjustment of status visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the status under section 101(a)(15)(H)(i)(b) of under section 245 of that Act to accord the case of a foreign state or dependent area to alien status under such section 203(b), has such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total number equal to the number of aliens who been filed, if 365 days or more have elapsed number of visas issued under section 203(b) since— are issued such a visa or provided such status exceeds the maximum number of visas that during the period beginning on the date on (1) the filing of a labor certification appli- may be made available to immigrants of the cation on the alien’s behalf (if such certifi- which the limitation in such section state or area under section 203(b) consistent 214(g)(1)(A)(ii) is reached and ending on Sep- cation is required for the alien to obtain sta- with subsection (e) (determined without re- tus under such section 203(b)); or tember 30, 1999. gard to this paragraph), in applying sub- (2) EFFECTIVE DATE.—Paragraph (1) shall (2) the filing of the petition under such sec- section (e) all visas shall be deemed to have tion 204(b). take effect as if included in the enactment of been required for the classes of aliens speci- section 411 of the American Competitiveness (b) EXTENSION OF H1–B WORKER STATUS.— fied in section 203(b).’’. The Attorney General shall extend the stay and Workforce Improvement Act of 1998 (as (b) CONFORMING AMENDMENTS.— of an alien who qualifies for an exemption contained in title IV of division C of the Om- (1) Section 202(a)(2) of the Immigration and under subsection (a) in one-year increments nibus Consolidated and Emergency Supple- Nationality Act (8 U.S.C. 1152(a)(2)) is until such time as a final decision is made on mental Appropriations Act, 1999; Public Law amended by striking ‘‘paragraphs (3) and (4)’’ the alien’s lawful permanent residence. 105–277). and inserting ‘‘paragraphs (3), (4), and (5)’’. SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS SEARCH FACILITIES, AND GRAD- Nationality Act (8 U.S.C. 1152(e)(3)) is AND AUTHORITIES THROUGH FIS- CAL YEAR 2002. UATE DEGREE RECIPIENTS; COUNT- amended by striking ‘‘the proportion of the (a) ATTESTATION REQUIREMENTS.—Section ING RULES. visa numbers’’ and inserting ‘‘except as pro- 212(n)(1)(E)(ii)) of the Immigration and Na- Section 214(g) of the Immigration and Na- vided in subsection (a)(5), the proportion of tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is tionality Act (8 U.S.C. 1184(g)) is amended by the visa numbers’’. amended by striking ‘‘October 1, 2001’’ and adding at the end the following new para- (c) ONE-TIME PROTECTION UNDER PER COUN- inserting ‘‘October 1, 2002’’. graphs: TRY CEILING.—Notwithstanding section ‘‘(5) The numerical limitations contained 214(g)(4) of the Immigration and Nationality (b) DEPARTMENT OF LABOR INVESTIGATIVE in paragraph (1)(A) shall not apply to any Act (8 U.S.C. 1184(g)(4)), any alien who— AUTHORITIES.—Section 413(e)(2) of the Amer- nonimmigrant alien issued a visa or other- (1) is the beneficiary of a petition filed ican Competitiveness and Workforce Im- wise provided status under section under section 204(a) of that Act for a pref- provement Act of 1998 (as contained in title 101(a)(15)(H)(i)(b)— erence status under paragraph (1), (2), or (3) IV of division C of Public Law 105–277) is ‘‘(A) who is employed (or has received an of section 203(b) of that Act; and amended by striking ‘‘September 30, 2001’’ offer of employment) at— (2) would be subject to the per country lim- and inserting ‘‘September 30, 2002’’. ‘‘(i) an institution of higher education (as itations applicable to immigrants but for SEC. 8. RECOVERY OF VISAS USED FRAUDU- defined in section 101(a) of the Higher Edu- this subsection, LENTLY. cation Act of 1965 (20 U.S.C. 1001(a))), or a re- may apply for, and the Attorney General Section 214(g)(3) of the Immigration and lated or affiliated nonprofit entity; or may grant, an extension of such non- Nationality Act (8 U.S.C. 1184 (g)(3)) is ‘‘(ii) a nonprofit research organization or a immigrant status until the alien’s applica- amended to read as follows: governmental research organization; or tion for adjustment of status has been proc- ‘‘(3) Aliens who are subject to the numer- ‘‘(B) for whom a petition is filed not more essed and a decision made thereon. ical limitations of paragraph (1) shall be than 90 days before or not more than 180 days SEC. 5. INCREASED PORTABILITY OF H–1B STA- issued visas (or otherwise provided non- after the nonimmigrant has attained a mas- TUS. immigrant status) in the order in which peti- ter’s degree or higher degree from an institu- (a) IN GENERAL.—Section 214 of the Immi- tions are filed for such visas or status. If an tion of higher education (as defined in sec- gration and Nationality Act (8 U.S.C. 1184) is alien who was issued a visa or otherwise pro- tion 101(a) of the Higher Education Act of amended by adding at the end the following vided nonimmigrant status and counted 1965 (20 U.S.C. 1001(a))). new subsection: against the numerical limitations of para- ‘‘(6) Any alien who ceases to be employed ‘‘(m)(1) A nonimmigrant alien described in graph (1) is found to have been issued such by an employer described in paragraph (5)(A) paragraph (2) who was previously issued a visa or otherwise provided such status by shall, if employed as a nonimmigrant alien visa or otherwise provided nonimmigrant fraud or willfully misrepresenting a material described in section 101(a)(15)(H)(i)(b), who status under section 101(a)(15)(H)(i)(b) is au- fact and such visa or nonimmigrant status is has not previously been counted toward the thorized to accept new employment upon the revoked, then one number shall be restored numerical limitations contained in para- filing by the prospective employer of a new to the total number of aliens who may be

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9309 issued visas or otherwise provided such sta- year. The Director may renew scholarships ‘‘(III) one business or business-related non- tus under the numerical limitations of para- for up to 4 years.’’. profit organization such as a trade associa- graph (1) in the fiscal year in which the peti- (c) REPORTING REQUIREMENT.—Section 414 tion; and tion is revoked, regardless of the fiscal year of the American Competitiveness and Work- ‘‘(ii) 25 percent of the grants under the Sec- in which the petition was approved.’’. force Improvement Act of 1998 (as contained retary of Labor’s authority to award grants SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- in title IV of division C of Public Law 105– for demonstration projects or programs ITAL DIVIDE’’. 277) is amended by adding at the end the fol- under section 171 of the Workforce Invest- lowing new subsection: (a) STUDY.—The National Science Founda- ment Act (29 U.S.C. 2916) to partnerships ‘‘(e) REPORTING REQUIREMENT.—The Sec- tion shall conduct a study of the divergence retary of Labor and the Director of the Na- that shall consist of at least 2 businesses or in access to high technology (commonly re- tional Science Foundation shall— a business-related nonprofit organization ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of that represents more than one business, and United States. programs receiving H–1B Nonimmigrant Fee that may include any educational, labor, (b) REPORT.—Not later than 18 months grant money; and community organization, or workforce in- after the date of enactment of this Act, the ‘‘(2) not later than one year after the date vestment board, except that such grant Director of the National Science Foundation of enactment of this subsection, submit a re- funds may be used only to carry out a strat- shall submit a report to Congress setting port to the Committees on the Judiciary of egy that would otherwise not be eligible for forth the findings of the study conducted the House of Representatives and the funds provided under clause (i), due to bar- under subsection (a). Senate— riers in meeting those partnership eligibility SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the criteria, on a national, multistate, regional, TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B or rural area (such as rural telework pro- (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and grams) basis. of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL U.S.C. 1356(s)) is amended— completed training and have entered the AGENTS.—Each partnership formed under (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- subparagraph (A) shall designate a respon- cent’’ and inserting ‘‘55 percent’’; grams.’’. sible fiscal agent to receive and disburse (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND grant funds under this subsection. cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. sideration in the awarding of grants shall be follows: Section 414(c) of the American Competi- given to any partnership that involves and ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of directly benefits more than one small busi- PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of ness (each consisting of 100 employees or SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is less). ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: ‘‘(D) ALLOCATION OF GRANTS.—In making amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND grants under this paragraph, the Secretary immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS shall make every effort to fairly distribute available to the Director of the National TRAINING FOR WORKERS.— grants across rural and urban areas, and Science Foundation until expended to carry ‘‘(1) IN GENERAL.— across the different geographic regions of the out a direct or matching grant program to ‘‘(A) FUNDING.—The Secretary of Labor United States. The total amount of grants support private-public partnerships in K–12 shall use funds available under section awarded to carry out programs and projects education. 286(s)(2) of the Immigration and Nationality described in paragraph (1)(A) shall be allo- ‘‘(B) TYPES OF PROGRAMS COVERED.—The Act (8 U.S.C. 1356(s)(2)) to establish dem- cated as follows: Director shall award grants to such pro- onstration programs or projects to provide ‘‘(i) At least 80 percent of the grants shall grams, including those which support the de- technical skills training for workers, includ- be awarded to programs and projects that velopment and implementation of standards- ing both employed and unemployed workers. train employed and unemployed workers in based instructional materials models and re- ‘‘(B) TRAINING PROVIDED.—Training funded skills that are in shortage in high tech- lated student assessments that enable K–12 by a program or project described in sub- nology, information technology, and bio- students to acquire an understanding of paragraph (A) shall be for persons who are technology, including skills needed for soft- science, mathematics, and technology, as currently employed and who wish to obtain ware and communications services, tele- well as to develop critical thinking skills; and upgrade skills as well as for persons who communications, systems installation and provide systemic improvement in training are unemployed. Such training is not limited integration, computers and communications K–12 teachers and education for students in to skill levels commensurate with a four- hardware, advanced manufacturing, health science, mathematics, and technology; sup- year undergraduate degree, but should in- port the professional development of K–12 clude the preparation of workers for a broad care technology, biotechnology and bio- math and science teachers in the used of range of positions along a career ladder. Con- medical research and manufacturing, and in- technology in the classroom; stimulate sys- sideration shall be given to the use of grant novation services. tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to ‘‘(ii) No more than 20 percent of the grants matics, and technology in rural, economi- expand a training program or project shall be available to programs and projects cally disadvantaged regions of the United through such means as training more work- that train employed and unemployed work- States; provide externships and other oppor- ers or offering more courses, and training ers for skills related to any H–1B skill short- tunities for students to increase their appre- programs or projects resulting from collabo- age. ciation and understanding of science, mathe- rations, especially with more than one small ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- matics, engineering, and technology (includ- business or with a labor-management train- graph (D)(ii), the term ‘H–1B skill shortage’ ing summer institutes sponsored by an insti- ing program or project. All training shall be means a shortage of skills necessary for em- tution of higher education for students in justified with evidence of skill shortages as ployment in a specialty occupation, as de- grades 7–12 that provide instruction in such demonstrated through reliable regional, fined in section 214(i) of the Immigration and fields); involve partnerships of industry, edu- State, or local data. Nationality Act. cational institutions, and community orga- ‘‘(2) GRANTS.— ‘‘(3) START-UP FUNDS.— nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- ‘‘(A) IN GENERAL.—Except as provided in disadvantaged communities; provide college grams and projects described in paragraph subparagraph (B), not more than 5 percent of preparatory support to expose and prepare (1)(A), the Secretary of Labor shall, in con- any single grant, or not to exceed $75,000, students for careers in science, mathematics, sultation with the Secretary of Commerce, whichever is less, may be used toward the engineering, and technology; and provide for subject to the availability of funds in the H– start-up costs of partnerships or new train- carrying out systemic reform activities 1B Nonimmigrant Petitioner Account, ing programs and projects. under section 3(a)(1) of this National Science award— ‘‘(B) EXCEPTION.—In the case of partner- Foundation Act of 1950 (42 U.S.C. ‘‘(i) 75 percent of the grants to a local ships consisting primarily of small busi- 1862(a)(1)).’’; workforce investment board established nesses, not more than 10 percent of any sin- (4) in paragraph (6), by striking ‘‘6 per- under section 117 of the Workforce Invest- gle grant, or $150,000, whichever is less, may cent’’ and inserting ‘‘5 percent’’; and ment Act of 1998 (29 U.S.C. 2832) or consortia be used toward the start-up costs of partner- (5) in paragraph (6), by striking ‘‘3 per- of such boards in a region. Each workforce ships or new training programs and projects. cent’’ each place it appears and inserting investment board or consortia of boards re- ‘‘(C) DURATION OF START-UP PERIOD.—For ‘‘2.5 percent’’. ceiving grant funds shall represent a local or purposes of this subsection, a start-up period (b) LOW-INCOME SCHOLARSHIP PROGRAM.— regional public-private partnership con- consists of a period of not more than 2 Section 414(d)(3) of the American Competi- sisting of at least— months after the grant period begins, at tiveness and Workforce Improvement Act of ‘‘(I) one workforce investment board; which time training shall immediately begin 1998 (as contained in title IV of division C of ‘‘(II) one community-based organization or and no further Federal funds may be used for Public Law 105–277) is amended by striking higher education institution or labor union; start-up purposes. ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per and ‘‘(4) TRAINING OUTCOMES.—

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9310 CONGRESSIONAL RECORD — SENATE September 26, 2000

‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS young people acquire the skills, experiences, years 2001 through 2006 to carry out this sec- AND PROJECTS.—Consideration in the award- and resources they need to succeed in the tion. ing of grants shall be given to applicants digital age. (2) SOURCE OF FUNDS.—Funds to carry out that provide a specific, measurable commit- (9) Bringing PowerUp into the Boys and this section may be derived from the Violent ment upon successful completion of a train- Girls Clubs of America will be an effective Crime Reduction Trust Fund. ing course, to— way to ensure that our youth have a safe, (3) CONTINUED AVAILABILITY.—Amounts ‘‘(i) hire or effectuate the hiring of unem- crime-free environment in which to learn the made available under this subsection shall ployed trainees (where applicable); technological skills they need to close the remain available until expended. ‘‘(ii) increase the wages or salary of incum- divide between young people who have access SEC. 13. SEVERABILITY. bent workers (where applicable); and to computer-based information and tech- ‘‘(iii) provide skill certifications to train- nology-related skills and those who do not. If any provision of this Act (or any amend- ees or link the training to industry-accepted (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO ment made by this Act) or the application occupational skill standards, certificates, or THE BOYS AND GIRLS CLUBS OF AMERICA.— thereof to any person or circumstance is held licensing requirements. (1) PURPOSES.—The Attorney General shall invalid, the remainder of the Act (and the ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- make grants to the Boys and Girls Clubs of amendments made by this Act) and the ap- TIONS.—Applications for grants shall— America for the purpose of funding effective plication of such provision to any other per- ‘‘(i) articulate the level of skills that work- after-school technology programs, such as son or circumstance shall not be affected ers will be trained for and the manner by PowerUp, in order to provide— thereby. This section shall be enacted one which attainment of those skills will be (A) constructive technology-focused activi- day after effective date. measured; and ties that are part of a comprehensive pro- gram to provide access to technology and ‘‘(ii) include an agreement that the pro- AMENDMENT NO. 4216 gram or project shall be subject to evalua- technology training to youth during after- tion by the Secretary of Labor to measure school hours, weekends, and school vaca- Strike all after the first word and insert its effectiveness. tions; the following: ‘‘(5) MATCHING FUNDS.—Each application (B) supervised activities in safe environ- 1. SHORT TITLE. ments for youth; and for a grant to carry out a program or project This Act may be cited as the ‘‘American described in paragraph (1)(A) shall state the (C) full-time staffing with teachers, tutors, Competitiveness in the Twenty-first Century manner by which the partnership will pro- and other qualified personnel. Act of 2000’’. vide non-Federal matching resources (cash, (2) SUBAWARDS.—The Boys and Girls Clubs or in-kind contributions, or both) equal to at of America shall make subawards to local SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- least 50 percent of the total grant amount boys and girls clubs authorizing expenditures MENTS. awarded under paragraph (2)(A)(i), and at associated with providing technology pro- (a) FISCAL YEARS 2000–2002.—Section least 100 percent of the total grant amount grams such as PowerUp, including the hiring 214(g)(1)(A) of the Immigration and Nation- awarded under paragraph (2)(A)(ii). At least of teachers and other personnel, procure- ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— one-half of the non-Federal matching funds ment of goods and services, including com- (1) by redesignating clause (v) as clause shall be from the business or businesses or puter equipment, or such other purposes as (vi); and business-related nonprofit organizations in- are approved by the Attorney General. (2) by striking clauses (iii) and (iv) and in- volved. Consideration in the award of grants (d) APPLICATIONS.— serting the following: shall be given to applicants that provide a (1) ELIGIBILITY.—In order to be eligible to ‘‘(iii) 195,000 in fiscal year 2000; and specific commitment or commitments of re- receive a grant under this section, an appli- ‘‘(iv) 195,000 in fiscal year 2001; sources from other public or private sources, cant for a subaward (specified in subsection ‘‘(v) 195,000 in fiscal year 2002; and’’. or both, so as to demonstrate the long-term (c)(2)) shall submit an application to the (b) ADDITIONAL VISAS FOR FISCAL YEAR sustainability of the training program or Boys and Girls Clubs of America, in such 1999.— project after the grant expires. form and containing such information as the (1) IN GENERAL.—Notwithstanding section ‘‘(6) ADMINISTRATIVE COSTS.—An entity Attorney General may reasonably require. 214(g)(1)(A)(ii) of the Immigration and Na- that receives a grant to carry out a program (2) APPLICATION REQUIREMENTS.—Each ap- tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the or project described in paragraph (1)(A) may plication submitted in accordance with para- total number of aliens who may be issued not use more than 10 percent of the amount graph (1) shall include— visas or otherwise provided nonimmigrant of the grant to pay for administrative costs (A) a request for a subgrant to be used for status under section 101(a)(15)(H)(i)(b) of associated with the program or project.’’. the purposes of this section; such Act in fiscal year 1999 is increased by a SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- (B) a description of the communities to be number equal to the number of aliens who PUTER EDUCATION INITIATIVE. served by the grant, including the nature of are issued such a visa or provided such status (a) SHORT TITLE.—This section may be juvenile crime, violence, and drug use in the during the period beginning on the date on cited as the ‘‘Kids 2000 Act’’. communities; which the limitation in such section (b) FINDINGS.—Congress makes the fol- (C) written assurances that Federal funds lowing findings: 214(g)(1)(A)(ii) is reached and ending on Sep- received under this section will be used to tember 30, 1999. (1) There is an increasing epidemic of juve- supplement and not supplant, non-Federal nile crime throughout the United States. (2) EFFECTIVE DATE.—Paragraph (1) shall funds that would otherwise be available for take effect as if included in the enactment of (2) It is well documented that the majority activities funded under this section; of juvenile crimes take place during after- section 411 of the American Competitiveness (D) written assurances that all activities and Workforce Improvement Act of 1998 (as school hours. funded under this section will be supervised (3) Knowledge of technology is becoming contained in title IV of division C of the Om- by qualified adults; nibus Consolidated and Emergency Supple- increasingly necessary for children in school (E) a plan for assuring that program activi- and out of school. mental Appropriations Act, 1999; Public Law ties will take place in a secure environment 105–277). (4) The Boys and Girls Clubs of America that is free of crime and drugs; have 2,700 clubs throughout all 50 States, (F) a plan outlining the utilization of con- SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- serving over 3,000,000 boys and girls pri- tent-based programs such as PowerUp, and SEARCH FACILITIES, AND GRAD- marily from at-risk communities. UATE DEGREE RECIPIENTS; COUNT- the provision of trained adult personnel to ING RULES. (5) The Boys and Girls Clubs of America supervise the after-school technology train- Section 214(g) of the Immigration and Na- have the physical structures in place for im- ing; and tionality Act (8 U.S.C. 1184(g)) is amended by mediate implementation of an after-school (G) any additional statistical or financial adding at the end the following new para- technology program. information that the Boys and Girls Clubs of graphs: (6) Building technology centers and pro- America may reasonably require. viding integrated content and full-time staff- (e) GRANT AWARDS.—In awarding subgrants ‘‘(5) The numerical limitations contained ing at those centers in the Boys and Girls under this section, the Boys and Girls Clubs in paragraph (1)(A) shall not apply to any Clubs of America nationwide will help foster of America shall consider— nonimmigrant alien issued a visa or other- education, job training, and an alternative (1) the ability of the applicant to provide wise provided status under section to crime for at-risk youth. the intended services; 101(a)(15)(H)(i)(b)— (7) Partnerships between the public sector (2) the history and establishment of the ap- ‘‘(A) who is employed (or has received an and the private sector are an effective way of plicant in providing youth activities; and offer of employment) at— providing after-school technology programs (3) the extent to which services will be pro- ‘‘(i) an institution of higher education (as in the Boys and Girls Clubs of America. vided in crime-prone areas and techno- defined in section 101(a) of the Higher Edu- (8) PowerUp: Bridging the Digital Divide is logically underserved populations, and ef- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- an entity comprised of more than a dozen forts to achieve an equitable geographic dis- lated or affiliated nonprofit entity; or nonprofit organizations, major corporations, tribution of the grant awards. ‘‘(ii) a nonprofit research organization or a and Federal agencies that have joined to- (f) AUTHORIZATION OF APPROPRIATIONS.— governmental research organization; or gether to launch a major new initiative to (1) IN GENERAL.—There is authorized to be ‘‘(B) for whom a petition is filed not more help ensure that America’s underserved appropriated $20,000,000 for each of the fiscal than 90 days before or not more than 180 days

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9311 after the nonimmigrant has attained a mas- SEC. 5. INCREASED PORTABILITY OF H–1B STA- immigrant status) in the order in which peti- ter’s degree or higher degree from an institu- TUS. tions are filed for such visas or status. If an tion of higher education (as defined in sec- (a) IN GENERAL.—Section 214 of the Immi- alien who was issued a visa or otherwise pro- tion 101(a) of the Higher Education Act of gration and Nationality Act (8 U.S.C. 1184) is vided nonimmigrant status and counted 1965 (20 U.S.C. 1001(a))). amended by adding at the end the following against the numerical limitations of para- ‘‘(6) Any alien who ceases to be employed new subsection: graph (1) is found to have been issued such by an employer described in paragraph (5)(A) ‘‘(m)(1) A nonimmigrant alien described in visa or otherwise provided such status by shall, if employed as a nonimmigrant alien paragraph (2) who was previously issued a fraud or willfully misrepresenting a material described in section 101(a)(15)(H)(i)(b), who visa or otherwise provided nonimmigrant fact and such visa or nonimmigrant status is has not previously been counted toward the status under section 101(a)(15)(H)(i)(b) is au- revoked, then one number shall be restored numerical limitations contained in para- thorized to accept new employment upon the to the total number of aliens who may be graph (1)(A), be counted toward those limita- filing by the prospective employer of a new issued visas or otherwise provided such sta- tions the first time the alien is employed by petition on behalf of such nonimmigrant as tus under the numerical limitations of para- an employer other than one described in provided under subsection (a). Employment graph (1) in the fiscal year in which the peti- paragraph (5)(A). authorization shall continue for such alien tion is revoked, regardless of the fiscal year ‘‘(7) Any alien who has already been count- until the new petition is adjudicated. If the in which the petition was approved.’’. new petition is denied, such authorization ed, within the 6 years prior to the approval SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- of a petition described in subsection (c), to- shall cease. ITAL DIVIDE’’. ‘‘(2) A nonimmigrant alien described in ward the numerical limitations of paragraph (a) STUDY.—The National Science Founda- this paragraph is a nonimmigrant alien— (1)(A) shall not again be counted toward tion shall conduct a study of the divergence ‘‘(A) who has been lawfully admitted into those limitations unless the alien would be in access to high technology (commonly re- the United States; eligible for a full 6 years of authorized ad- ferred to as the ‘‘digital divide’’) in the ‘‘(B) on whose behalf an employer has filed mission at the time the petition is filed. United States. a nonfrivolous petition for new employment Where multiple petitions are approved for 1 (b) REPORT.—Not later than 18 months before the date of expiration of the period of alien, that alien shall be counted only after the date of enactment of this Act, the stay authorized by the Attorney General; once.’’. Director of the National Science Foundation and shall submit a report to Congress setting SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without WITH RESPECT TO EMPLOYMENT- forth the findings of the study conducted authorization before or during the pendency BASED IMMIGRANTS. under subsection (a). of such petition for new employment in the (a) SPECIAL RULES.—Section 202(a) of the United States.’’. SEC. 10. MODIFICATION OF NONIMMIGRANT PE- Immigration and Nationality Act (8 U.S.C. TITIONER ACCOUNT PROVISIONS. (b) EFFECTIVE DATE.—The amendment 1152(a)) is amended by adding at the end the made by subsection (a) shall apply to peti- (a) ALLOCATION OF FUNDS.—Section 286(s) following new paragraph: tions filed before, on, or after the date of en- of the Immigration and Nationality Act (8 ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- actment of this Act. U.S.C. 1356(s)) is amended— GRANTS.— (1) in paragraph (2), by striking ‘‘56.3 per- SEC. 6. SPECIAL PROVISIONS IN CASES OF MPLOYMENT BASED IMMIGRANTS NOT ‘‘(A) E - LENGTHY ADJUDICATIONS. cent’’ and inserting ‘‘55 percent’’; SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (a) EXEMPTION FROM LIMITATION.—The lim- (2) in paragraph (3), by striking ‘‘28.2 per- TIONAL VISAS AVAILABLE.—If the total num- itation contained in section 214(g)(4) of the cent’’ and inserting ‘‘23.5 percent’’; ber of visas available under paragraph (1), Immigration and Nationality Act (8 U.S.C. (3) by amending paragraph (4) to read as (2), (3), (4), or (5) of section 203(b) for a cal- 1184(g)(4)) with respect to the duration of au- follows: endar quarter exceeds the number of quali- thorized stay shall not apply to any non- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- fied immigrants who may otherwise be immigrant alien previously issued a visa or PETITIVE GRANT PROGRAM FOR K–12 MATH, issued such visas, the visas made available otherwise provided nonimmigrant status SCIENCE AND TECHNOLOGY EDUCATION.— under that paragraph shall be issued without under section 101(a)(15)(H)(i)(b) of that Act ‘‘(A) IN GENERAL.—15 percent of the regard to the numerical limitation under on whose behalf a petition under section amounts deposited into the H–1B Non- paragraph (2) of this subsection during the 204(b) of that Act to accord the alien immi- immigrant Petitioner Account shall remain remainder of the calendar quarter. grant status under section 203(b) of that Act, available to the Director of the National ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN or an application for adjustment of status Science Foundation until expended to carry COUNTRIES SUBJECT TO SUBSECTION (E).—In the under section 245 of that Act to accord the out a direct or matching grant program to case of a foreign state or dependent area to alien status under such section 203(b), has support private-public partnerships in K–12 which subsection (e) applies, if the total been filed, if 365 days or more have elapsed education. number of visas issued under section 203(b) since— ‘‘(B) TYPES OF PROGRAMS COVERED.—The exceeds the maximum number of visas that (1) the filing of a labor certification appli- Director shall award grants to such pro- may be made available to immigrants of the cation on the alien’s behalf (if such certifi- grams, including those which support the de- state or area under section 203(b) consistent cation is required for the alien to obtain sta- velopment and implementation of standards- with subsection (e) (determined without re- tus under such section 203(b)); or based instructional materials models and re- gard to this paragraph), in applying sub- (2) the filing of the petition under such sec- lated student assessments that enable K–12 section (e) all visas shall be deemed to have tion 204(b). students to acquire an understanding of been required for the classes of aliens speci- (b) EXTENSION OF H1–B WORKER STATUS.— science, mathematics, and technology, as fied in section 203(b).’’. The Attorney General shall extend the stay well as to develop critical thinking skills; (b) CONFORMING AMENDMENTS.— of an alien who qualifies for an exemption provide systemic improvement in training (1) Section 202(a)(2) of the Immigration and under subsection (a) in one-year increments K–12 teachers and education for students in Nationality Act (8 U.S.C. 1152(a)(2)) is until such time as a final decision is made on science, mathematics, and technology; sup- amended by striking ‘‘paragraphs (3) and (4)’’ the alien’s lawful permanent residence. port the professional development of K–12 and inserting ‘‘paragraphs (3), (4), and (5)’’. SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS math and science teachers in the used of (2) Section 202(e)(3) of the Immigration and AND AUTHORITIES THROUGH FIS- technology in the classroom; stimulate sys- Nationality Act (8 U.S.C. 1152(e)(3)) is CAL YEAR 2002. tem-wide K–12 reform of science, mathe- amended by striking ‘‘the proportion of the (a) ATTESTATION REQUIREMENTS.—Section matics, and technology in rural, economi- visa numbers’’ and inserting ‘‘except as pro- 212(n)(1)(E)(ii)) of the Immigration and Na- cally disadvantaged regions of the United vided in subsection (a)(5), the proportion of tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is States; provide externships and other oppor- the visa numbers’’. amended by striking ‘‘October 1, 2001’’ and tunities for students to increase their appre- (c) ONE-TIME PROTECTION UNDER PER COUN- inserting ‘‘October 1, 2002’’. ciation and understanding of science, mathe- TRY CEILING.—Notwithstanding section (b) DEPARTMENT OF LABOR INVESTIGATIVE matics, engineering, and technology (includ- 214(g)(4) of the Immigration and Nationality AUTHORITIES.—Section 413(e)(2) of the Amer- ing summer institutes sponsored by an insti- Act (8 U.S.C. 1184(g)(4)), any alien who— ican Competitiveness and Workforce Im- tution of higher education for students in (1) is the beneficiary of a petition filed provement Act of 1998 (as contained in title grades 7–12 that provide instruction in such under section 204(a) of that Act for a pref- IV of division C of Public Law 105–277) is fields); involve partnerships of industry, edu- erence status under paragraph (1), (2), or (3) amended by striking ‘‘September 30, 2001’’ cational institutions, and community orga- of section 203(b) of that Act; and and inserting ‘‘September 30, 2002’’. nizations to address the educational needs of (2) would be subject to the per country lim- SEC. 8. RECOVERY OF VISAS USED FRAUDU- disadvantaged communities; provide college itations applicable to immigrants but for LENTLY. preparatory support to expose and prepare this subsection, Section 214(g)(3) of the Immigration and students for careers in science, mathematics, may apply for, and the Attorney General Nationality Act (8 U.S.C. 1184 (g)(3)) is engineering, and technology; and provide for may grant, an extension of such non- amended to read as follows: carrying out systemic reform activities immigrant status until the alien’s applica- ‘‘(3) Aliens who are subject to the numer- under section 3(a)(1) of this National Science tion for adjustment of status has been proc- ical limitations of paragraph (1) shall be Foundation Act of 1950 (42 U.S.C. essed and a decision made thereon. issued visas (or otherwise provided non- 1862(a)(1)).’’;

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9312 CONGRESSIONAL RECORD — SENATE September 26, 2000 (4) in paragraph (6), by striking ‘‘6 per- under section 117 of the Workforce Invest- be used toward the start-up costs of partner- cent’’ and inserting ‘‘5 percent’’; and ment Act of 1998 (29 U.S.C. 2832) or consortia ships or new training programs and projects. (5) in paragraph (6), by striking ‘‘3 per- of such boards in a region. Each workforce ‘‘(C) DURATION OF START-UP PERIOD.—For cent’’ each place it appears and inserting investment board or consortia of boards re- purposes of this subsection, a start-up period ‘‘2.5 percent’’. ceiving grant funds shall represent a local or consists of a period of not more than 2 (b) LOW-INCOME SCHOLARSHIP PROGRAM.— regional public-private partnership con- months after the grant period begins, at Section 414(d)(3) of the American Competi- sisting of at least— which time training shall immediately begin tiveness and Workforce Improvement Act of ‘‘(I) one workforce investment board; and no further Federal funds may be used for 1998 (as contained in title IV of division C of ‘‘(II) one community-based organization or start-up purposes. Public Law 105–277) is amended by striking higher education institution or labor union; ‘‘(4) TRAINING OUTCOMES.— ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per and ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS year. The Director may renew scholarships ‘‘(III) one business or business-related non- AND PROJECTS.—Consideration in the award- for up to 4 years.’’. profit organization such as a trade associa- ing of grants shall be given to applicants (c) REPORTING REQUIREMENT.—Section 414 tion; and that provide a specific, measurable commit- of the American Competitiveness and Work- ‘‘(ii) 25 percent of the grants under the Sec- ment upon successful completion of a train- force Improvement Act of 1998 (as contained retary of Labor’s authority to award grants ing course, to— in title IV of division C of Public Law 105– for demonstration projects or programs ‘‘(i) hire or effectuate the hiring of unem- 277) is amended by adding at the end the fol- under section 171 of the Workforce Invest- ployed trainees (where applicable); lowing new subsection: ‘‘(ii) increase the wages or salary of incum- ment Act (29 U.S.C. 2916) to partnerships ‘‘(e) REPORTING REQUIREMENT.—The Sec- bent workers (where applicable); and that shall consist of at least 2 businesses or retary of Labor and the Director of the Na- ‘‘(iii) provide skill certifications to train- a business-related nonprofit organization tional Science Foundation shall— ees or link the training to industry-accepted that represents more than one business, and ‘‘(1) track and monitor the performance of occupational skill standards, certificates, or that may include any educational, labor, programs receiving H–1B Nonimmigrant Fee licensing requirements. community organization, or workforce in- grant money; and ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- vestment board, except that such grant ‘‘(2) not later than one year after the date TIONS.—Applications for grants shall— of enactment of this subsection, submit a re- funds may be used only to carry out a strat- ‘‘(i) articulate the level of skills that work- port to the Committees on the Judiciary of egy that would otherwise not be eligible for ers will be trained for and the manner by the House of Representatives and the funds provided under clause (i), due to bar- which attainment of those skills will be Senate— riers in meeting those partnership eligibility measured; and ‘‘(A) the tracking system to monitor the criteria, on a national, multistate, regional, ‘‘(ii) include an agreement that the pro- performance of programs receiving H–1B or rural area (such as rural telework pro- gram or project shall be subject to evalua- grant funding; and grams) basis. tion by the Secretary of Labor to measure ‘‘(B) the number of individuals who have ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL its effectiveness. completed training and have entered the AGENTS.—Each partnership formed under ‘‘(5) MATCHING FUNDS.—Each application high-skill workforce through these pro- subparagraph (A) shall designate a respon- for a grant to carry out a program or project grams.’’. sible fiscal agent to receive and disburse described in paragraph (1)(A) shall state the SEC. 11. DEMONSTRATION PROGRAMS AND grant funds under this subsection. manner by which the partnership will pro- PROJECTS TO PROVIDE TECHNICAL ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- vide non-Federal matching resources (cash, SKILLS TRAINING FOR WORKERS. sideration in the awarding of grants shall be or in-kind contributions, or both) equal to at Section 414(c) of the American Competi- given to any partnership that involves and least 50 percent of the total grant amount tiveness and Workforce Improvement Act of directly benefits more than one small busi- awarded under paragraph (2)(A)(i), and at 1998 (as contained in title IV of division C of ness (each consisting of 100 employees or least 100 percent of the total grant amount Public Law 105–277; 112 Stat. 2681–653) is less). awarded under paragraph (2)(A)(ii). At least amended to read as follows: ‘‘(D) ALLOCATION OF GRANTS.—In making one-half of the non-Federal matching funds ‘‘(c) DEMONSTRATION PROGRAMS AND grants under this paragraph, the Secretary shall be from the business or businesses or PROJECTS TO PROVIDE TECHNICAL SKILLS shall make every effort to fairly distribute business-related nonprofit organizations in- TRAINING FOR WORKERS.— grants across rural and urban areas, and volved. Consideration in the award of grants ‘‘(1) IN GENERAL.— across the different geographic regions of the shall be given to applicants that provide a ‘‘(A) FUNDING.—The Secretary of Labor United States. The total amount of grants specific commitment or commitments of re- shall use funds available under section awarded to carry out programs and projects sources from other public or private sources, 286(s)(2) of the Immigration and Nationality described in paragraph (1)(A) shall be allo- or both, so as to demonstrate the long-term Act (8 U.S.C. 1356(s)(2)) to establish dem- cated as follows: sustainability of the training program or onstration programs or projects to provide ‘‘(i) At least 80 percent of the grants shall project after the grant expires. technical skills training for workers, includ- be awarded to programs and projects that ‘‘(6) ADMINISTRATIVE COSTS.—An entity ing both employed and unemployed workers. train employed and unemployed workers in that receives a grant to carry out a program ‘‘(B) TRAINING PROVIDED.—Training funded skills that are in shortage in high tech- or project described in paragraph (1)(A) may by a program or project described in sub- nology, information technology, and bio- not use more than 10 percent of the amount paragraph (A) shall be for persons who are technology, including skills needed for soft- of the grant to pay for administrative costs currently employed and who wish to obtain ware and communications services, tele- associated with the program or project.’’. and upgrade skills as well as for persons who communications, systems installation and SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- are unemployed. Such training is not limited integration, computers and communications PUTER EDUCATION INITIATIVE. to skill levels commensurate with a four- hardware, advanced manufacturing, health (a) SHORT TITLE.—This section may be year undergraduate degree, but should in- care technology, biotechnology and bio- cited as the ‘‘Kids 2000 Act’’. clude the preparation of workers for a broad medical research and manufacturing, and in- (b) FINDINGS.—Congress makes the fol- range of positions along a career ladder. Con- novation services. lowing findings: sideration shall be given to the use of grant ‘‘(ii) No more than 20 percent of the grants (1) There is an increasing epidemic of juve- funds to demonstrate a significant ability to shall be available to programs and projects nile crime throughout the United States. expand a training program or project that train employed and unemployed work- (2) It is well documented that the majority through such means as training more work- ers for skills related to any H–1B skill short- of juvenile crimes take place during after- ers or offering more courses, and training age. school hours. programs or projects resulting from collabo- ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- (3) Knowledge of technology is becoming rations, especially with more than one small graph (D)(ii), the term ‘H–1B skill shortage’ increasingly necessary for children in school business or with a labor-management train- means a shortage of skills necessary for em- and out of school. ing program or project. All training shall be ployment in a specialty occupation, as de- (4) The Boys and Girls Clubs of America justified with evidence of skill shortages as fined in section 214(i) of the Immigration and have 2,700 clubs throughout all 50 States, demonstrated through reliable regional, Nationality Act. serving over 3,000,000 boys and girls pri- State, or local data. ‘‘(3) START-UP FUNDS.— marily from at-risk communities. ‘‘(2) GRANTS.— ‘‘(A) IN GENERAL.—Except as provided in (5) The Boys and Girls Clubs of America ‘‘(A) ELIGIBILITY.—To carry out the pro- subparagraph (B), not more than 5 percent of have the physical structures in place for im- grams and projects described in paragraph any single grant, or not to exceed $75,000, mediate implementation of an after-school (1)(A), the Secretary of Labor shall, in con- whichever is less, may be used toward the technology program. sultation with the Secretary of Commerce, start-up costs of partnerships or new train- (6) Building technology centers and pro- subject to the availability of funds in the H– ing programs and projects. viding integrated content and full-time staff- 1B Nonimmigrant Petitioner Account, ‘‘(B) EXCEPTION.—In the case of partner- ing at those centers in the Boys and Girls award— ships consisting primarily of small busi- Clubs of America nationwide will help foster ‘‘(i) 75 percent of the grants to a local nesses, not more than 10 percent of any sin- education, job training, and an alternative workforce investment board established gle grant, or $150,000, whichever is less, may to crime for at-risk youth.

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9313 (7) Partnerships between the public sector (2) the history and establishment of the ap- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- and the private sector are an effective way of plicant in providing youth activities; and lated or affiliated nonprofit entity; or providing after-school technology programs (3) the extent to which services will be pro- ‘‘(ii) a nonprofit research organization or a in the Boys and Girls Clubs of America. vided in crime-prone areas and techno- governmental research organization; or (8) PowerUp: Bridging the Digital Divide is logically underserved populations, and ef- ‘‘(B) for whom a petition is filed not more an entity comprised of more than a dozen forts to achieve an equitable geographic dis- than 90 days before or not more than 180 days nonprofit organizations, major corporations, tribution of the grant awards. after the nonimmigrant has attained a mas- and Federal agencies that have joined to- (f) AUTHORIZATION OF APPROPRIATIONS.— ter’s degree or higher degree from an institu- gether to launch a major new initiative to (1) IN GENERAL.—There is authorized to be tion of higher education (as defined in sec- help ensure that America’s underserved appropriated $20,000,000 for each of the fiscal tion 101(a) of the Higher Education Act of young people acquire the skills, experiences, years 2001 through 2006 to carry out this sec- 1965 (20 U.S.C. 1001(a))). and resources they need to succeed in the tion. ‘‘(6) Any alien who ceases to be employed digital age. (2) SOURCE OF FUNDS.—Funds to carry out by an employer described in paragraph (5)(A) (9) Bringing PowerUp into the Boys and this section may be derived from the Violent shall, if employed as a nonimmigrant alien Girls Clubs of America will be an effective Crime Reduction Trust Fund. described in section 101(a)(15)(H)(i)(b), who way to ensure that our youth have a safe, (3) CONTINUED AVAILABILITY.—Amounts has not previously been counted toward the crime-free environment in which to learn the made available under this subsection shall numerical limitations contained in para- technological skills they need to close the remain available until expended. graph (1)(A), be counted toward those limita- divide between young people who have access SEC. 13. SEVERABILITY. tions the first time the alien is employed by to computer-based information and tech- If any provision of this Act (or any amend- an employer other than one described in nology-related skills and those who do not. ment made by this Act) or the application paragraph (5)(A). (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO thereof to any person or circumstance is held ‘‘(7) Any alien who has already been count- THE BOYS AND GIRLS CLUBS OF AMERICA.— invalid, the remainder of the Act (and the ed, within the 6 years prior to the approval (1) PURPOSES.—The Attorney General shall amendments made by this Act) and the ap- of a petition described in subsection (c), to- make grants to the Boys and Girls Clubs of plication of such provision to any other per- ward the numerical limitations of paragraph America for the purpose of funding effective son or circumstance shall not be affected (1)(A) shall not again be counted toward after-school technology programs, such as thereby. This section shall be enacted two those limitations unless the alien would be PowerUp, in order to provide— days after effective date. eligible for a full 6 years of authorized ad- (A) constructive technology-focused activi- mission at the time the petition is filed. ties that are part of a comprehensive pro- AMENDMENT NO. 4217 Where multiple petitions are approved for 1 gram to provide access to technology and In lieu of the matter proposed, insert the alien, that alien shall be counted only technology training to youth during after- following: once.’’. school hours, weekends, and school vaca- SECTION 1. SHORT TITLE. SEC. 4. LIMITATION ON PER COUNTRY CEILING tions; This Act may be cited as the ‘‘American WITH RESPECT TO EMPLOYMENT- (B) supervised activities in safe environ- Competitiveness in the Twenty-first Century BASED IMMIGRANTS. ments for youth; and Act of 2000’’. (a) SPECIAL RULES.—Section 202(a) of the (C) full-time staffing with teachers, tutors, Immigration and Nationality Act (8 U.S.C. SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- and other qualified personnel. MENTS. 1152(a)) is amended by adding at the end the (2) SUBAWARDS.—The Boys and Girls Clubs (a) FISCAL YEARS 2000–2002.—Section following new paragraph: of America shall make subawards to local 214(g)(1)(A) of the Immigration and Nation- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- boys and girls clubs authorizing expenditures ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— GRANTS.— associated with providing technology pro- (1) by redesignating clause (v) as clause ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT grams such as PowerUp, including the hiring (vi); and SUBJECT TO PER COUNTRY LIMITATION IF ADDI- of teachers and other personnel, procure- (2) by striking clauses (iii) and (iv) and in- TIONAL VISAS AVAILABLE.—If the total num- ment of goods and services, including com- serting the following: ber of visas available under paragraph (1), puter equipment, or such other purposes as ‘‘(iii) 195,000 in fiscal year 2000; and (2), (3), (4), or (5) of section 203(b) for a cal- are approved by the Attorney General. ‘‘(iv) 195,000 in fiscal year 2001; endar quarter exceeds the number of quali- (d) APPLICATIONS.— ‘‘(v) 195,000 in fiscal year 2002; and’’. fied immigrants who may otherwise be (1) ELIGIBILITY.—In order to be eligible to (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available receive a grant under this section, an appli- 1999.— under that paragraph shall be issued without cant for a subaward (specified in subsection (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under (c)(2)) shall submit an application to the 214(g)(1)(A)(ii) of the Immigration and Na- paragraph (2) of this subsection during the Boys and Girls Clubs of America, in such tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. form and containing such information as the total number of aliens who may be issued ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN Attorney General may reasonably require. visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the (2) APPLICATION REQUIREMENTS.—Each ap- status under section 101(a)(15)(H)(i)(b) of case of a foreign state or dependent area to plication submitted in accordance with para- such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total graph (1) shall include— number equal to the number of aliens who number of visas issued under section 203(b) (A) a request for a subgrant to be used for are issued such a visa or provided such status exceeds the maximum number of visas that the purposes of this section; during the period beginning on the date on may be made available to immigrants of the (B) a description of the communities to be which the limitation in such section state or area under section 203(b) consistent served by the grant, including the nature of 214(g)(1)(A)(ii) is reached and ending on Sep- with subsection (e) (determined without re- juvenile crime, violence, and drug use in the tember 30, 1999. gard to this paragraph), in applying sub- communities; (2) EFFECTIVE DATE.—Paragraph (1) shall section (e) all visas shall be deemed to have (C) written assurances that Federal funds take effect as if included in the enactment of been required for the classes of aliens speci- received under this section will be used to section 411 of the American Competitiveness fied in section 203(b).’’. supplement and not supplant, non-Federal and Workforce Improvement Act of 1998 (as (b) CONFORMING AMENDMENTS.— funds that would otherwise be available for contained in title IV of division C of the Om- (1) Section 202(a)(2) of the Immigration and activities funded under this section; nibus Consolidated and Emergency Supple- Nationality Act (8 U.S.C. 1152(a)(2)) is (D) written assurances that all activities mental Appropriations Act, 1999; Public Law amended by striking ‘‘paragraphs (3) and (4)’’ funded under this section will be supervised 105–277). and inserting ‘‘paragraphs (3), (4), and (5)’’. by qualified adults; SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and (E) a plan for assuring that program activi- SEARCH FACILITIES, AND GRAD- Nationality Act (8 U.S.C. 1152(e)(3)) is ties will take place in a secure environment UATE DEGREE RECIPIENTS; COUNT- amended by striking ‘‘the proportion of the that is free of crime and drugs; ING RULES. visa numbers’’ and inserting ‘‘except as pro- (F) a plan outlining the utilization of con- Section 214(g) of the Immigration and Na- vided in subsection (a)(5), the proportion of tent-based programs such as PowerUp, and tionality Act (8 U.S.C. 1184(g)) is amended by the visa numbers’’. the provision of trained adult personnel to adding at the end the following new para- (c) ONE-TIME PROTECTION UNDER PER COUN- supervise the after-school technology train- graphs: TRY CEILING.—Notwithstanding section ing; and ‘‘(5) The numerical limitations contained 214(g)(4) of the Immigration and Nationality (G) any additional statistical or financial in paragraph (1)(A) shall not apply to any Act (8 U.S.C. 1184(g)(4)), any alien who— information that the Boys and Girls Clubs of nonimmigrant alien issued a visa or other- (1) is the beneficiary of a petition filed America may reasonably require. wise provided status under section under section 204(a) of that Act for a pref- (e) GRANT AWARDS.—In awarding subgrants 101(a)(15)(H)(i)(b)— erence status under paragraph (1), (2), or (3) under this section, the Boys and Girls Clubs ‘‘(A) who is employed (or has received an of section 203(b) of that Act; and of America shall consider— offer of employment) at— (2) would be subject to the per country lim- (1) the ability of the applicant to provide ‘‘(i) an institution of higher education (as itations applicable to immigrants but for the intended services; defined in section 101(a) of the Higher Edu- this subsection,

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9314 CONGRESSIONAL RECORD — SENATE September 26, 2000 may apply for, and the Attorney General SEC. 8. RECOVERY OF VISAS USED FRAUDU- preparatory support to expose and prepare may grant, an extension of such non- LENTLY. students for careers in science, mathematics, immigrant status until the alien’s applica- Section 214(g)(3) of the Immigration and engineering, and technology; and provide for tion for adjustment of status has been proc- Nationality Act (8 U.S.C. 1184 (g)(3)) is carrying out systemic reform activities essed and a decision made thereon. amended to read as follows: under section 3(a)(1) of this National Science ‘‘(3) Aliens who are subject to the numer- Foundation Act of 1950 (42 U.S.C. SEC. 5. INCREASED PORTABILITY OF H–1B STA- ical limitations of paragraph (1) shall be TUS. 1862(a)(1)).’’; issued visas (or otherwise provided non- (4) in paragraph (6), by striking ‘‘6 per- (a) IN GENERAL.—Section 214 of the Immi- immigrant status) in the order in which peti- cent’’ and inserting ‘‘5 percent’’; and gration and Nationality Act (8 U.S.C. 1184) is tions are filed for such visas or status. If an (5) in paragraph (6), by striking ‘‘3 per- amended by adding at the end the following alien who was issued a visa or otherwise pro- cent’’ each place it appears and inserting new subsection: vided nonimmigrant status and counted ‘‘2.5 percent’’. ‘‘(m)(1) A nonimmigrant alien described in against the numerical limitations of para- (b) LOW-INCOME SCHOLARSHIP PROGRAM.— paragraph (2) who was previously issued a graph (1) is found to have been issued such Section 414(d)(3) of the American Competi- visa or otherwise provided nonimmigrant visa or otherwise provided such status by tiveness and Workforce Improvement Act of status under section 101(a)(15)(H)(i)(b) is au- fraud or willfully misrepresenting a material 1998 (as contained in title IV of division C of thorized to accept new employment upon the fact and such visa or nonimmigrant status is Public Law 105–277) is amended by striking filing by the prospective employer of a new revoked, then one number shall be restored ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per petition on behalf of such nonimmigrant as to the total number of aliens who may be year. The Director may renew scholarships provided under subsection (a). Employment issued visas or otherwise provided such sta- for up to 4 years.’’. authorization shall continue for such alien tus under the numerical limitations of para- (c) REPORTING REQUIREMENT.—Section 414 until the new petition is adjudicated. If the graph (1) in the fiscal year in which the peti- of the American Competitiveness and Work- new petition is denied, such authorization tion is revoked, regardless of the fiscal year force Improvement Act of 1998 (as contained shall cease. in which the petition was approved.’’. in title IV of division C of Public Law 105– ‘‘(2) A nonimmigrant alien described in SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- this paragraph is a nonimmigrant alien— ITAL DIVIDE’’. lowing new subsection: (a) STUDY.—The National Science Founda- ‘‘(A) who has been lawfully admitted into ‘‘(e) REPORTING REQUIREMENT.—The Sec- tion shall conduct a study of the divergence the United States; retary of Labor and the Director of the Na- in access to high technology (commonly re- ‘‘(B) on whose behalf an employer has filed tional Science Foundation shall— ferred to as the ‘‘digital divide’’) in the a nonfrivolous petition for new employment ‘‘(1) track and monitor the performance of United States. before the date of expiration of the period of programs receiving H–1B Nonimmigrant Fee (b) REPORT.—Not later than 18 months stay authorized by the Attorney General; grant money; and after the date of enactment of this Act, the and ‘‘(2) not later than one year after the date Director of the National Science Foundation ‘‘(C) who has not been employed without of enactment of this subsection, submit a re- shall submit a report to Congress setting authorization before or during the pendency port to the Committees on the Judiciary of forth the findings of the study conducted of such petition for new employment in the the House of Representatives and the under subsection (a). United States.’’. Senate— SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the (b) EFFECTIVE DATE.—The amendment TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B made by subsection (a) shall apply to peti- (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and tions filed before, on, or after the date of en- of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have actment of this Act. U.S.C. 1356(s)) is amended— completed training and have entered the SEC. 6. SPECIAL PROVISIONS IN CASES OF (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- LENGTHY ADJUDICATIONS. cent’’ and inserting ‘‘55 percent’’; grams.’’. (a) EXEMPTION FROM LIMITATION.—The lim- (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND itation contained in section 214(g)(4) of the cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL Immigration and Nationality Act (8 U.S.C. (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. 1184(g)(4)) with respect to the duration of au- follows: Section 414(c) of the American Competi- thorized stay shall not apply to any non- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of immigrant alien previously issued a visa or PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of otherwise provided nonimmigrant status SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is under section 101(a)(15)(H)(i)(b) of that Act ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: on whose behalf a petition under section amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND 204(b) of that Act to accord the alien immi- immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS grant status under section 203(b) of that Act, available to the Director of the National TRAINING FOR WORKERS.— or an application for adjustment of status Science Foundation until expended to carry ‘‘(1) IN GENERAL.— under section 245 of that Act to accord the out a direct or matching grant program to ‘‘(A) FUNDING.—The Secretary of Labor alien status under such section 203(b), has support private-public partnerships in K–12 shall use funds available under section been filed, if 365 days or more have elapsed education. 286(s)(2) of the Immigration and Nationality since— ‘‘(B) TYPES OF PROGRAMS COVERED.—The Act (8 U.S.C. 1356(s)(2)) to establish dem- (1) the filing of a labor certification appli- Director shall award grants to such pro- onstration programs or projects to provide cation on the alien’s behalf (if such certifi- grams, including those which support the de- technical skills training for workers, includ- cation is required for the alien to obtain sta- velopment and implementation of standards- ing both employed and unemployed workers. tus under such section 203(b)); or based instructional materials models and re- ‘‘(B) TRAINING PROVIDED.—Training funded (2) the filing of the petition under such sec- lated student assessments that enable K–12 by a program or project described in sub- tion 204(b). students to acquire an understanding of paragraph (A) shall be for persons who are science, mathematics, and technology, as currently employed and who wish to obtain (b) EXTENSION OF H1–B WORKER STATUS.— well as to develop critical thinking skills; and upgrade skills as well as for persons who The Attorney General shall extend the stay provide systemic improvement in training are unemployed. Such training is not limited of an alien who qualifies for an exemption K–12 teachers and education for students in to skill levels commensurate with a four- under subsection (a) in one-year increments science, mathematics, and technology; sup- year undergraduate degree, but should in- until such time as a final decision is made on port the professional development of K–12 clude the preparation of workers for a broad the alien’s lawful permanent residence. math and science teachers in the used of range of positions along a career ladder. Con- SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS technology in the classroom; stimulate sys- sideration shall be given to the use of grant AND AUTHORITIES THROUGH FIS- tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to CAL YEAR 2002. matics, and technology in rural, economi- expand a training program or project (a) ATTESTATION REQUIREMENTS.—Section cally disadvantaged regions of the United through such means as training more work- 212(n)(1)(E)(ii)) of the Immigration and Na- States; provide externships and other oppor- ers or offering more courses, and training tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is tunities for students to increase their appre- programs or projects resulting from collabo- amended by striking ‘‘October 1, 2001’’ and ciation and understanding of science, mathe- rations, especially with more than one small inserting ‘‘October 1, 2002’’. matics, engineering, and technology (includ- business or with a labor-management train- (b) DEPARTMENT OF LABOR INVESTIGATIVE ing summer institutes sponsored by an insti- ing program or project. All training shall be AUTHORITIES.—Section 413(e)(2) of the Amer- tution of higher education for students in justified with evidence of skill shortages as ican Competitiveness and Workforce Im- grades 7–12 that provide instruction in such demonstrated through reliable regional, provement Act of 1998 (as contained in title fields); involve partnerships of industry, edu- State, or local data. IV of division C of Public Law 105–277) is cational institutions, and community orga- ‘‘(2) GRANTS.— amended by striking ‘‘September 30, 2001’’ nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- and inserting ‘‘September 30, 2002’’. disadvantaged communities; provide college grams and projects described in paragraph

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9315 (1)(A), the Secretary of Labor shall, in con- start-up costs of partnerships or new train- (6) Building technology centers and pro- sultation with the Secretary of Commerce, ing programs and projects. viding integrated content and full-time staff- subject to the availability of funds in the H– ‘‘(B) EXCEPTION.—In the case of partner- ing at those centers in the Boys and Girls 1B Nonimmigrant Petitioner Account, ships consisting primarily of small busi- Clubs of America nationwide will help foster award— nesses, not more than 10 percent of any sin- education, job training, and an alternative ‘‘(i) 75 percent of the grants to a local gle grant, or $150,000, whichever is less, may to crime for at-risk youth. workforce investment board established be used toward the start-up costs of partner- (7) Partnerships between the public sector under section 117 of the Workforce Invest- ships or new training programs and projects. and the private sector are an effective way of ment Act of 1998 (29 U.S.C. 2832) or consortia ‘‘(C) DURATION OF START-UP PERIOD.—For providing after-school technology programs of such boards in a region. Each workforce purposes of this subsection, a start-up period in the Boys and Girls Clubs of America. investment board or consortia of boards re- consists of a period of not more than 2 (8) PowerUp: Bridging the Digital Divide is ceiving grant funds shall represent a local or months after the grant period begins, at an entity comprised of more than a dozen regional public-private partnership con- which time training shall immediately begin nonprofit organizations, major corporations, sisting of at least— and no further Federal funds may be used for and Federal agencies that have joined to- ‘‘(I) one workforce investment board; start-up purposes. gether to launch a major new initiative to ‘‘(II) one community-based organization or ‘‘(4) TRAINING OUTCOMES.— help ensure that America’s underserved higher education institution or labor union; ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS young people acquire the skills, experiences, and AND PROJECTS.—Consideration in the award- and resources they need to succeed in the ‘‘(III) one business or business-related non- ing of grants shall be given to applicants digital age. profit organization such as a trade associa- that provide a specific, measurable commit- (9) Bringing PowerUp into the Boys and tion; and ment upon successful completion of a train- Girls Clubs of America will be an effective ‘‘(ii) 25 percent of the grants under the Sec- ing course, to— way to ensure that our youth have a safe, retary of Labor’s authority to award grants ‘‘(i) hire or effectuate the hiring of unem- crime-free environment in which to learn the for demonstration projects or programs ployed trainees (where applicable); under section 171 of the Workforce Invest- ‘‘(ii) increase the wages or salary of incum- technological skills they need to close the ment Act (29 U.S.C. 2916) to partnerships bent workers (where applicable); and divide between young people who have access that shall consist of at least 2 businesses or ‘‘(iii) provide skill certifications to train- to computer-based information and tech- a business-related nonprofit organization ees or link the training to industry-accepted nology-related skills and those who do not. that represents more than one business, and occupational skill standards, certificates, or (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO that may include any educational, labor, licensing requirements. THE BOYS AND GIRLS CLUBS OF AMERICA.— community organization, or workforce in- ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- (1) PURPOSES.—The Attorney General shall vestment board, except that such grant TIONS.—Applications for grants shall— make grants to the Boys and Girls Clubs of funds may be used only to carry out a strat- ‘‘(i) articulate the level of skills that work- America for the purpose of funding effective egy that would otherwise not be eligible for ers will be trained for and the manner by after-school technology programs, such as funds provided under clause (i), due to bar- which attainment of those skills will be PowerUp, in order to provide— riers in meeting those partnership eligibility measured; and (A) constructive technology-focused activi- criteria, on a national, multistate, regional, ‘‘(ii) include an agreement that the pro- ties that are part of a comprehensive pro- or rural area (such as rural telework pro- gram or project shall be subject to evalua- gram to provide access to technology and grams) basis. tion by the Secretary of Labor to measure technology training to youth during after- ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL its effectiveness. school hours, weekends, and school vaca- AGENTS.—Each partnership formed under ‘‘(5) MATCHING FUNDS.—Each application tions; subparagraph (A) shall designate a respon- for a grant to carry out a program or project (B) supervised activities in safe environ- sible fiscal agent to receive and disburse described in paragraph (1)(A) shall state the ments for youth; and grant funds under this subsection. manner by which the partnership will pro- (C) full-time staffing with teachers, tutors, ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- vide non-Federal matching resources (cash, and other qualified personnel. sideration in the awarding of grants shall be or in-kind contributions, or both) equal to at (2) SUBAWARDS.—The Boys and Girls Clubs given to any partnership that involves and least 50 percent of the total grant amount of America shall make subawards to local directly benefits more than one small busi- awarded under paragraph (2)(A)(i), and at boys and girls clubs authorizing expenditures ness (each consisting of 100 employees or least 100 percent of the total grant amount associated with providing technology pro- less). awarded under paragraph (2)(A)(ii). At least grams such as PowerUp, including the hiring ‘‘(D) ALLOCATION OF GRANTS.—In making one-half of the non-Federal matching funds of teachers and other personnel, procure- grants under this paragraph, the Secretary shall be from the business or businesses or ment of goods and services, including com- shall make every effort to fairly distribute business-related nonprofit organizations in- puter equipment, or such other purposes as grants across rural and urban areas, and volved. Consideration in the award of grants are approved by the Attorney General. across the different geographic regions of the shall be given to applicants that provide a United States. The total amount of grants specific commitment or commitments of re- (d) APPLICATIONS.— awarded to carry out programs and projects sources from other public or private sources, (1) ELIGIBILITY.—In order to be eligible to described in paragraph (1)(A) shall be allo- or both, so as to demonstrate the long-term receive a grant under this section, an appli- cated as follows: sustainability of the training program or cant for a subaward (specified in subsection ‘‘(i) At least 80 percent of the grants shall project after the grant expires. (c)(2)) shall submit an application to the be awarded to programs and projects that ‘‘(6) ADMINISTRATIVE COSTS.—An entity Boys and Girls Clubs of America, in such train employed and unemployed workers in that receives a grant to carry out a program form and containing such information as the skills that are in shortage in high tech- or project described in paragraph (1)(A) may Attorney General may reasonably require. nology, information technology, and bio- not use more than 10 percent of the amount (2) APPLICATION REQUIREMENTS.—Each ap- technology, including skills needed for soft- of the grant to pay for administrative costs plication submitted in accordance with para- ware and communications services, tele- associated with the program or project.’’. graph (1) shall include— communications, systems installation and SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- (A) a request for a subgrant to be used for integration, computers and communications PUTER EDUCATION INITIATIVE. the purposes of this section; hardware, advanced manufacturing, health (a) SHORT TITLE.—This section may be (B) a description of the communities to be care technology, biotechnology and bio- cited as the ‘‘Kids 2000 Act’’. served by the grant, including the nature of medical research and manufacturing, and in- (b) FINDINGS.—Congress makes the fol- juvenile crime, violence, and drug use in the novation services. lowing findings: communities; ‘‘(ii) No more than 20 percent of the grants (1) There is an increasing epidemic of juve- (C) written assurances that Federal funds shall be available to programs and projects nile crime throughout the United States. received under this section will be used to that train employed and unemployed work- (2) It is well documented that the majority supplement and not supplant, non-Federal ers for skills related to any H–1B skill short- of juvenile crimes take place during after- funds that would otherwise be available for age. school hours. activities funded under this section; ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- (3) Knowledge of technology is becoming (D) written assurances that all activities graph (D)(ii), the term ‘H–1B skill shortage’ increasingly necessary for children in school funded under this section will be supervised means a shortage of skills necessary for em- and out of school. by qualified adults; ployment in a specialty occupation, as de- (4) The Boys and Girls Clubs of America (E) a plan for assuring that program activi- fined in section 214(i) of the Immigration and have 2,700 clubs throughout all 50 States, ties will take place in a secure environment Nationality Act. serving over 3,000,000 boys and girls pri- that is free of crime and drugs; ‘‘(3) START-UP FUNDS.— marily from at-risk communities. (F) a plan outlining the utilization of con- ‘‘(A) IN GENERAL.—Except as provided in (5) The Boys and Girls Clubs of America tent-based programs such as PowerUp, and subparagraph (B), not more than 5 percent of have the physical structures in place for im- the provision of trained adult personnel to any single grant, or not to exceed $75,000, mediate implementation of an after-school supervise the after-school technology train- whichever is less, may be used toward the technology program. ing; and

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 S9316 CONGRESSIONAL RECORD — SENATE September 26, 2000 (G) any additional statistical or financial mittee on Indian Affairs will meet on The PRESIDING OFFICER. Without information that the Boys and Girls Clubs of Wednesday, October 4, 2000 at 9:30 a.m. objection, it is so ordered. America may reasonably require. in room 485 of the Russell Senate The bill (H.R. 4700) was deemed read (e) GRANT AWARDS.—In awarding subgrants Building to conduct an oversight hear- the third time and passed. under this section, the Boys and Girls Clubs of America shall consider— ing on alcohol and law enforcement in f (1) the ability of the applicant to provide Alaska. CONSTRUCTION OF A RECONCILI- the intended services; Those wishing additional information ATION PLACE IN FORT PIERRE, (2) the history and establishment of the ap- may contact committee staff at 202/224– SOUTH DAKOTA plicant in providing youth activities; and 2251. (3) the extent to which services will be pro- Mr. GORTON. I ask unanimous con- f vided in crime-prone areas and techno- sent that the Senate now proceed to logically underserved populations, and ef- RED RIVER BOUNDARY COMPACT the consideration of Calendar No. 745, forts to achieve an equitable geographic dis- S. 1658. tribution of the grant awards. Mr. GORTON. I ask unanimous con- The PRESIDING OFFICER. The (f) AUTHORIZATION OF APPROPRIATIONS.— sent that the Senate now proceed to clerk will report the bill by title. (1) IN GENERAL.—There is authorized to be the immediate consideration of Cal- The legislative clerk read as follows: appropriated $20,000,000 for each of the fiscal endar No. 785, H.J. Res. 72. A bill (S. 1658) to authorize the construc- years 2001 through 2006 to carry out this sec- The PRESIDING OFFICER. The tion. tion of a Reconciliation Place in Fort Pierre, clerk will report the resolution by South Dakota, and for other purposes. (2) SOURCE OF FUNDS.—Funds to carry out this section may be derived from the Violent title. There being no objection, the Senate Crime Reduction Trust Fund. The legislative clerk read as follows: proceeded to consider the bill which (3) CONTINUED AVAILABILITY.—Amounts A resolution (H.J. Res. 72) granting the had been reported from the Committee made available under this subsection shall consent of the Congress to the Red River on Indian Affairs, with an amendment remain available until expended. Boundary Compact. to strike all after the enacting clause SEC. 13. SEVERABILITY. There being no objection, the Senate and insert the part printed in italic. If any provision of this Act (or any amend- proceeded to the consideration of the SECTION 1. FINDINGS. ment made by this Act) or the application joint resolution. Congress finds that— thereof to any person or circumstance is held Mr. GORTON. I ask unanimous con- (1) there is a continuing need for reconcili- invalid, the remainder of the Act (and the sent that the joint resolution be read ation between Indians and non-Indians; amendments made by this Act) and the ap- (2) the need may be met partially through the plication of such provision to any other per- the third time and passed, the motion promotion of the understanding of the history son or circumstance shall not be affected to reconsider be laid upon the table, and culture of Sioux Indian tribes; thereby. This section shall be enacted one and any statements relating to this (3) the establishment of a Sioux Nation Tribal day after effective date. resolution be printed in the RECORD. Supreme Court will promote economic develop- f The PRESIDING OFFICER. Without ment on reservations of the Sioux Nation and objection, it is so ordered. provide investors that contribute to that devel- NOTICES OF HEARINGS The joint resolution (H.J. Res. 72) opment a greater degree of certainty and con- fidence by— COMMITTEE ON INDIAN AFFAIRS was read the third time and passed. (A) reconciling conflicting tribal laws; and Mr. CAMPBELL. Mr. President, I f (B) strengthening tribal court systems; would like to announce that the Com- (4) the reservations of the Sioux Nation— mittee on Indian Affairs will meet on KANSAS AND MISSOURI METRO- (A) contain the poorest counties in the United Wednesday, September 27, 2000 at 9:30 POLITAN CULTURE DISTRICT States; and COMPACT (B) lack adequate tools to promote economic a.m. in room 485 of the Russell Senate development and the creation of jobs; Building to conduct a hearing on S. Mr. GORTON. I ask unanimous con- (5) the establishment of a Native American 2052, the Indian tribal development sent the Senate now proceed to the Economic Development Council will assist in consolidated funding act of 2000, to be consideration of Calendar No. 783, H.R. promoting economic growth and reducing pov- followed immediately by a business erty on reservations of the Sioux Nation by— 4700. (A) coordinating economic development ef- meeting to mark up S. 1840, the Cali- The PRESIDING OFFICER. The forts; fornia Indian Land Transfer Act; S. clerk will report the bill by title. (B) centralizing expertise concerning Federal 2665, to establish a streamlined process The legislative clerk read as follows: assistance; and to enable the Navajo Nation to lease A bill (H.R. 4700) to grant the consent of (C) facilitating the raising of funds from pri- trust lands without having to obtain the Congress to the Kansas and Missouri vate donations to meet matching requirements the approval of the Secretary of the In- Metropolitan Culture District Compact. under certain Federal assistance programs; (6) there is a need to enhance and strengthen terior of individual leases, except There being no objection, the Senate the capacity of Indian tribal governments and leases for exploration, development, or proceeded to consider the bill. tribal justice systems to address conflicts which extraction of any mineral resources; S. Mr. LEAHY. Mr. President, I con- impair relationships within Indian communities 2917, the Santo Domingo Pueblo Claims gratulate Congresswoman KAREN and between Indian and non-Indian commu- Settlement Act of 2000; H.R. 4643, the MCCARTHY of Missouri, who has worked nities and individuals; and (7) the establishment of the National Native Torrez-Martinez Desert Cahuilla Indian so hard on this legislation. It provides Claims Settlement Act; S. 2688, the Na- American Mediation Training Center, with the congressional approval to an interstate technical assistance of tribal and Federal agen- tive American Languages Act Amend- compact that is important to her and cies, including the Community Relations Service ments Act of 2000; S. 2580, the Indian to the people of Kansas City. I know of the Department of Justice, would enhance School Construction Act; S. 3031, to that she helped establish the Kansas and strengthen the mediation skills that are make certain technical corrections in and Missouri Metropolitan Culture Dis- useful in reducing tensions and resolving con- laws relating to Native Americans; S. trict for local efforts to benefit Kansas flicts in Indian communities and between Indian 2920, the Indian Gaming Regulatory City and that she has championed this and non-Indian communities and individuals. Improvement Act of 2000; S. 2526, to effort to obtain the constitutionally re- SEC. 2. DEFINITIONS. amend the Indian Health Care Improve- In this Act: quired congressional consent to the (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ment Act to revise and extend such compact between Missouri and Kansas has the meaning given that term in section 4(e) Act; and H.R. 1460, to amend the Ysleta in this regard. I am glad the Senate is of the Indian Self-Determination and Education Sur and Alabama and Coushatta Indian responding favorably to her efforts and Assistance Act (25 U.S.C. 450b(e)). Tribes of Texas Restoration Act, and commend her leadership in moving this (2) SECRETARY.—The term ‘‘Secretary’’ means for other purposes. measure through Congress. the Secretary of the Interior. Those wishing additional information (3) SIOUX NATION.—The term ‘‘Sioux Nation’’ Mr. GORTON. I ask unanimous con- means the Indian tribes comprising the Sioux may contact committee staff at 202/224– sent that the bill be deemed read the Nation. 2251. third time and passed, the motion to TITLE I—RECONCILIATION CENTER COMMITTEE ON INDIAN AFFAIRS reconsider be laid upon the table, and SEC. 101. RECONCILIATION CENTER. Mr. CAMPBELL. Mr. President, I any statements relating to the bill be (a) ESTABLISHMENT.—The Secretary of Hous- would like to announce that the Com- printed in the RECORD. ing and Urban Development, in cooperation

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00102 Fmt 4624 Sfmt 6333 E:\CR\FM\A26SE6.055 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9317

with the Secretary, shall establish, in accord- (b) PURPOSES.—The purposes of the Council or the holding of an office of, the United States ance with this section, a reconciliation center, are— for the purposes of any Federal law. to be known as ‘‘Reconciliation Place’’. (1) to encourage, accept, and administer pri- (3) LIMITATIONS.—The following limitations (b) LOCATION.—Notwithstanding any other vate gifts of property; shall apply with respect to the appointment of provision of law, the Secretary shall take into (2) to use those gifts as a source of matching officers and employees of the Council: trust for the benefit of the Sioux Nation the par- funds necessary to receive Federal assistance; (A) Officers and employees may not be ap- cel of land in Stanley County, South Dakota, (3) to provide members of Indian tribes with pointed until the Council has sufficient funds to that is described as ‘‘The Reconciliation Place the skills and resources necessary for estab- pay them for their service. Addition’’ that is owned on the date of enact- lishing successful businesses; (B) Officers and employees of the Council— ment of this Act by the Wakpa Sica Historical (4) to provide grants and loans to members of (i) shall be appointed without regard to the Society, Inc., for the purpose of establishing and Indian tribes to establish or operate small busi- provisions of title 5, United States Code, gov- operating The Reconciliation Place. nesses; erning appointments in the competitive service; (c) PURPOSES.—The purposes of Reconcili- (5) to provide scholarships for members of In- and ation Place shall be as follows: dian tribes who are students pursuing an edu- (ii) may be paid without regard to the provi- (1) To enhance the knowledge and under- cation in business or a business-related subject; sions of chapter 51 and subchapter III of chap- standing of the history of Native Americans and ter 53 of such title relating to classification and by— (6) to provide technical assistance to Indian General Schedule pay rates. (A) displaying and interpreting the history, tribes and members thereof in obtaining Federal (4) SECRETARY OF THE BOARD.—The first offi- art, and culture of Indian tribes for Indians and assistance. cer or employee appointed by the Board shall be non-Indians; and SEC. 202. BOARD OF DIRECTORS OF THE COUN- the Secretary of the Board. The Secretary of the (B) providing an accessible repository for— CIL. Board shall— (i) the history of Indian tribes; and (a) ESTABLISHMENT AND MEMBERSHIP.— (A) serve, at the direction of the Board, as its (ii) the family history of members of Indian (1) IN GENERAL.—The Council shall have a chief operating officer; and tribes. governing Board of Directors (in this title re- (B) be knowledgeable and experienced in mat- (2) To provide for the interpretation of the en- ferred to as the ‘‘Board’’). ters relating to economic development and In- counters between Lewis and Clark and the (2) MEMBERSHIP.—The Board shall consist of dian affairs. Sioux Nation. 11 directors, who shall be appointed by the Sec- SEC. 203. POWERS AND OBLIGATIONS OF THE (3) To house the Sioux Nation Tribal Supreme retary as follows: COUNCIL. Court. (A)(i) 9 members appointed under this para- (a) CORPORATE POWERS.—To carry out its (4) To house the Native American Economic graph shall represent the 9 reservations of South purposes under section 201(b), the Council shall Development Council. Dakota. have, in addition to the powers otherwise given (5) To house the National Native American (ii) Each member described in clause (i) it under this Act, the usual powers of a corpora- Mediation Training Center to train tribal per- shall— tion acting as a trustee in South Dakota, in- sonnel in conflict resolution and alternative dis- (I) represent 1 of the reservations described in cluding the power— pute resolution. clause (i); and (1) to accept, receive, solicit, hold, administer, (d) GRANT.— (II) be selected from among nominations sub- and use any gift, devise, or bequest, either abso- (1) IN GENERAL.—The Secretary of Housing mitted by the appropriate Indian tribe. lutely or in trust, of real or personal property or and Urban Development shall offer to award a (B) 1 member appointed under this paragraph any income therefrom or other interest therein; grant to the Wakpa Sica Historical Society of shall be selected from nominations submitted by (2) to acquire by purchase or exchange any Fort Pierre, South Dakota, for the construction the Governor of the State of South Dakota. real or personal property or interest therein; of Reconciliation Place. (C) 1 member appointed under this paragraph (3) unless otherwise required by the instru- (2) GRANT AGREEMENT.— shall be selected from nominations submitted by ment of transfer, to sell, donate, lease, invest, (A) IN GENERAL.—As a condition to receiving the most senior member of the South Dakota reinvest, retain, or otherwise dispose of any the grant under this subsection, the appropriate Congressional delegation. property or income therefrom; official of the Wakpa Sica Historical Society (3) CITIZENSHIP.—Each member of the Board (4) to borrow money and issue bonds, deben- shall enter into a grant agreement with the Sec- shall be a citizen of the United States. tures, or other debt instruments; retary of Housing and Urban Development. (b) APPOINTMENTS AND TERMS.— (5) to sue and be sued, and complain and de- (B) CONSULTATION.—Before entering into a (1) APPOINTMENT.—Not later than December fend itself in any court of competent jurisdic- grant agreement under this paragraph, the Sec- 31, 2000, the Secretary shall appoint the direc- tion, except that the directors shall not be per- retary of Housing and Urban Development shall tors of the Board under subsection (a)(2). sonally liable, except for gross negligence; consult with the Secretary concerning the con- (2) TERMS.—Each director shall serve for a (6) to enter into contracts or other arrange- tents of the agreement. term of 2 years. ments with public agencies and private organi- (C) DUTIES OF THE WAKPA SICA HISTORICAL SO- (3) VACANCIES.—A vacancy on the Board shall zations and persons and to make such payments CIETY.—The grant agreement under this para- be filled not later than 60 days after that va- as may be necessary to carry out its function; graph shall specify the duties of the Wakpa Sica cancy occurs, in the manner in which the origi- and Historical Society under this section and ar- nal appointment was made. (7) to carry out any action that is necessary rangements for the maintenance of Reconcili- (4) LIMITATION ON TERMS.—No individual may and proper to carry out the purposes of the ation Place. serve more than 3 consecutive terms as a direc- Council. (3) AUTHORIZATION OF APPROPRIATIONS.— tor. (b) OTHER POWERS AND OBLIGATIONS.— There are authorized to be appropriated to the (c) CHAIRMAN.—The Chairman shall be elected (1) IN GENERAL.—The Council— Department of Housing and Urban Development by the Board from its members for a term of 2 (A) shall have perpetual succession; (B) may conduct business throughout the sev- $18,258,441, to be used for the grant under this years. eral States, territories, and possessions of the section. (d) QUORUM.—A majority of the members of the Board shall constitute a quorum for the United States and abroad; SEC. 102. SIOUX NATION SUPREME COURT AND (C) shall have its principal offices in South NATIONAL NATIVE AMERICAN MEDI- transaction of business. ATION TRAINING CENTER. (e) MEETINGS.—The Board shall meet at the Dakota; and (D) shall at all times maintain a designated (a) IN GENERAL.—To ensure the development call of the Chairman at least once a year. If a agent authorized to accept service of process for and operation of the Sioux Nation Tribal Su- director misses 3 consecutive regularly scheduled the Council. preme Court and the National Native American meetings, that individual may be removed from (2) SERVICE OF NOTICE.—The serving of notice Medication Training Center, the Attorney Gen- the Board by the Secretary and that vacancy to, or service of process upon, the agent required eral of the United States shall use available filled in accordance with subsection (b). under paragraph (1)(D), or mailed to the busi- funds to provide technical and financial assist- (f) REIMBURSEMENT OF EXPENSES.—Members ness address of such agent, shall be deemed as ance to the Sioux Nation. of the Board shall serve without pay, but may service upon or notice to the Council. (b) AUTHORIZATION OF APPROPRIATIONS.—To be reimbursed for the actual and necessary trav- (c) SEAL.—The Council shall have an official carry out this section, there are authorized to be eling and subsistence expenses incurred by them seal selected by the Board, which shall be judi- appropriated to the Department of Justice such in the performance of the duties of the Council. cially noticed. sums as are necessary. (g) GENERAL POWERS.— (1) POWERS.—The Board may complete the or- (d) CERTAIN INTERESTS.—If any current or fu- TITLE II—NATIVE AMERICAN ECONOMIC ganization of the Council by— ture interest of a gift under subsection (a)(1) is DEVELOPMENT COUNCIL (A) appointing officers and employees; for the benefit of the Council, the Council may SEC. 201. ESTABLISHMENT OF NATIVE AMERICAN (B) adopting a constitution and bylaws con- accept the gift under such subsection, even if ECONOMIC DEVELOPMENT COUNCIL. sistent with the purposes of the Council under that gift is encumbered, restricted, or subject to (a) ESTABLISHMENT.—There is established the this Act; and beneficial interests of 1 or more private persons. Native American Economic Development Council (C) carrying out such other actions as may be SEC. 204. ADMINISTRATIVE SERVICES AND SUP- (in this title referred to as the ‘‘Council’’). The necessary to carry out the purposes of the Coun- PORT. Council shall be a charitable and nonprofit cor- cil under this Act. (a) PROVISION OF SERVICES.—The Secretary poration and shall not be considered to be an (2) EFFECT OF APPOINTMENT.—Appointment to may provide personnel, facilities, and other ad- agency or establishment of the United States. the Board shall not constitute employment by, ministrative services to the Council, including

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00103 Fmt 4624 Sfmt 6333 E:\CR\FM\A26SE6.020 pfrm02 PsN: S26PT1 S9318 CONGRESSIONAL RECORD — SENATE September 26, 2000 reimbursement of expenses under section 202, this section shall be 80 percent of the cost of the SEC. 2. AMENDMENT TO THE NATIVE HAWAIIAN not to exceed then current Federal Government activities funded under the grant. No amount HEALTH CARE IMPROVEMENT ACT. per diem rates, for a period ending not later may be made available to the Council for a The Native Hawaiian Health Care Improve- than 5 years after the date of enactment of this grant under this section, unless the Council has ment Act (42 U.S.C. 11701 et seq.) is amended to Act. raised an amount from private persons and read as follows: (b) REIMBURSEMENT.— State and local government agencies equivalent ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) IN GENERAL.—The Council may reimburse to the non-Federal share of the grant. ‘‘(a) SHORT TITLE.—This Act may be cited as the Secretary for any administrative service pro- (4) PROHIBITION ON THE USE OF FEDERAL the ‘Native Hawaiian Health Care Improvement vided under subsection (a). The Secretary shall FUNDS FOR ADMINISTRATIVE EXPENSES.—Each Act’. deposit any reimbursement received under this agreement entered into under paragraph (2) ‘‘(b) TABLE OF CONTENTS.—The table of con- subsection into the Treasury to the credit of the shall specify that a reasonable amount of the tents of this Act is as follows: appropriations then current and chargeable for Federal funds made available to the Council ‘‘Sec. 1. Short title; table of contents. the cost of providing such services. (under the grant that is the subject of the agree- ‘‘Sec. 2. Findings. (2) CONTINUATION OF CERTAIN ASSISTANCE.— ment or otherwise), but in no event more that 15 ‘‘Sec. 3. Definitions. Notwithstanding any other provision of this sec- percent of such funds, may be used by the ‘‘Sec. 4. Declaration of national Native Hawai- tion, the Secretary is authorized to continue to Council for administrative expenses of the ian health policy. provide facilities, and necessary support services Council, including salaries, travel and transpor- ‘‘Sec. 5. Comprehensive health care master plan for such facilities, to the Council after the date tation expenses, and other overhead expenses. for Native Hawaiians. specified in subsection (a), on a space available, (b) TECHNICAL ASSISTANCE.— ‘‘Sec. 6. Functions of Papa Ola Lokahi and Of- reimbursable cost basis. (1) IN GENERAL.—Each agency head listed in fice of Hawaiian Affairs. SEC. 205. VOLUNTEER STATUS. paragraph (2) shall provide to the Council such ‘‘Sec. 7. Native Hawaiian health care. (a) IN GENERAL.—Notwithstanding any other technical assistance as may be necessary for the ‘‘Sec. 8. Administrative grant for Papa Ola provision of law, the Secretary may accept, Council to carry out the purposes specified in Lokahi. without regard to the civil service classification section 201(b). ‘‘Sec. 9. Administration of grants and con- laws, rules, or regulations, the services of the (2) AGENCY HEADS.—The agency heads listed tracts. Council, the Board, and the officers and em- in this paragraph are as follows: ‘‘Sec. 10. Assignment of personnel. ployees of the Board, without compensation (A) The Secretary of Housing and Urban De- ‘‘Sec. 11. Native Hawaiian health scholarships from the Secretary, as volunteers in the perform- velopment. and fellowships. ance of the functions authorized under this Act. (B) The Secretary of the Interior. ‘‘Sec. 12. Report. (b) INCIDENTAL EXPENSES.—The Secretary is (C) The Commissioner of Indian Affairs. ‘‘Sec. 13. Use of Federal Government facilities authorized to provide for incidental expenses, (D) The Assistant Secretary for Economic De- and sources of supply. including transportation, lodging, and subsist- velopment of the Department of Commerce. ‘‘Sec. 14. Demonstration projects of national ence to the officers and employees serving as (E) The Administrator of the Small Business significance. volunteers under subsection (a). Administration. ‘‘Sec. 15. National Bipartisan Commission on (F) The Administrator of the Rural Develop- Native Hawaiian Health Care En- SEC. 206. AUDITS, REPORT REQUIREMENTS, AND ment Administration. PETITION OF ATTORNEY GENERAL titlement. FOR EQUITABLE RELIEF. SEC. 209. AUTHORIZATION OF APPROPRIATIONS. ‘‘Sec. 16. Rule of construction. (a) AUDITS.—The Council shall be subject to (a) AUTHORIZATION.—There are authorized to ‘‘Sec. 17. Compliance with Budget Act. auditing and reporting requirements under sec- be appropriated to the Department of the Inte- ‘‘Sec. 18. Severability. tion 10101 of title 36, United States Code, in the rior, $10,000,000 for each of fiscal years 2002, ‘‘SEC. 2. FINDINGS. same manner as is a corporation under part B of 2003, 2004, 2005, and 2006, to be used in accord- ‘‘(a) GENERAL FINDINGS.—Congress makes the that title. ance with section 208. following findings: (b) REPORT.—As soon as practicable after the (b) ADDITIONAL AUTHORIZATION.—The ‘‘(1) Native Hawaiians begin their story with end of each fiscal year, the Council shall trans- amounts authorized to be appropriated under the Kumulipo which details the creation and mit to Congress a report of its proceedings and this section are in addition to any amounts pro- inter-relationship of all things, including their activities during such year, including a full and vided or available to the Council under any evolvement as healthy and well people. complete statement of its receipts, expenditures, other provision of Federal law. ‘‘(2) Native Hawaiians are a distinct and and investments. Mr. GORTON. I ask unanimous con- unique indigenous peoples with a historical con- (c) RELIEF WITH RESPECT TO CERTAIN COUN- sent that the committee substitute be tinuity to the original inhabitants of the Hawai- CIL ACTS OR FAILURE TO ACT.—If the Council— agreed to, the bill be considered read ian archipelago within Ke Moananui, the Pa- (1) engages in, or threatens to engage in, any the third time and passed, the motion cific Ocean, and have a distinct society orga- act, practice, or policy that is inconsistent with to reconsider be laid upon the table, nized almost 2,000 years ago. the purposes of the Council under section 201(b); ‘‘(3) The health and well-being of Native Ha- or and any statements be printed in the waiians are intrinsically tied to their deep feel- (2) refuses, fails, or neglects to discharge the RECORD. ings and attachment to their lands and seas. obligations of the Council under this Act, or The PRESIDING OFFICER. Without ‘‘(4) The long-range economic and social threatens to do so; objection, it is so ordered. changes in Hawaii over the 19th and early 20th then the Attorney General of the United States The bill (S. 1658), as amended, was centuries have been devastating to the health may petition in the United States District Court considered read the third time and and well-being of Native Hawaiians. for the District of Columbia for such equitable passed. ‘‘(5) Native Hawaiians have never directly re- relief as may be necessary or appropriate. linquished to the United States their claims to f SEC. 207. UNITED STATES RELEASE FROM LIABIL- their inherent sovereignty as a people or over ITY. NATIVE HAWAIIAN HEALTH CARE their national territory, either through their The United States shall not be liable for any IMPROVEMENT ACT monarchy or through a plebiscite or referendum. debts, defaults, acts, or omissions of the Coun- ‘‘(6) The Native Hawaiian people are deter- cil. The full faith and credit of the United States Mr. GORTON. Mr. President, I ask mined to preserve, develop and transmit to fu- shall not extend to any obligation of the Coun- unanimous consent that the Senate ture generations their ancestral territory, and cil. now proceed to the consideration of their cultural identity in accordance with their SEC. 208. GRANTS TO COUNCIL; TECHNICAL AS- Calendar No. 765, S. 1929. own spiritual and traditional beliefs, customs, SISTANCE. The PRESIDING OFFICER. The practices, language, and social institutions. In (a) GRANTS.— clerk will report the bill by title. referring to themselves, Native Hawaiians use the term ‘Kanaka Maoli’, a term frequently used (1) IN GENERAL.—Not less frequently than an- The legislative clerk read as follows: nually, the Secretary shall award a grant to the in the 19th century to describe the native people Council, to be used to carry out the purposes A bill (S. 1929) a bill to amend the Native of Hawaii. specified in section 201(b) in accordance with Hawaiian Health Care Improvement Act to ‘‘(7) The constitution and statutes of the State this section. revise and extend such Act. of Hawaii— (2) GRANT AGREEMENTS.—As a condition to re- There being no objection, the Senate ‘‘(A) acknowledge the distinct land rights of ceiving a grant under this section, the secretary proceeded to consider the bill, which Native Hawaiian people as beneficiaries of the of the Board, with the approval of the Board, had been reported from the Committee public lands trust; and shall enter into an agreement with the Secretary on Indian Affairs, with an amendment ‘‘(B) reaffirm and protect the unique right of that specifies the duties of the Council in car- the Native Hawaiian people to practice and per- rying out the grant and the information that is to strike all after the enacting clause petuate their cultural and religious customs, be- required to be included in the agreement under and insert the part printed in italic. liefs, practices, and language. paragraphs (3) and (4). SECTION 1. SHORT TITLE. ‘‘(8) At the time of the arrival of the first non- (3) MATCHING REQUIREMENTS.—Each agree- This Act may be cited as the ‘‘Native Hawai- indigenous peoples in Hawaii in 1778, the Native ment entered into under paragraph (2) shall ian Health Care Improvement Act Reauthoriza- Hawaiian people lived in a highly organized, specify that the Federal share of a grant under tion of 2000’’. self-sufficient, subsistence social system based

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00104 Fmt 4624 Sfmt 6333 E:\CR\FM\A26SE6.020 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9319 on communal land tenure with a sophisticated United States and the Native Hawaiians, as ex- health and allied health professions. This has language, culture, and religion. pressed by then Secretary of the Interior Frank- been accomplished through the Native Hawaiian ‘‘(9) A unified monarchical government of the lin K. Lane who was cited in the Committee Re- Health Care Act of 1988 (Public Law 100–579) Hawaiian Islands was established in 1810 under port of the Committee on Territories of the and its reauthorization in section 9168 of Public Kamehameha I, the first King of Hawaii. House of Representatives as stating, ‘One thing Law 102–396 (106 Stat. 1948). ‘‘(10) Throughout the 19th century and until that impressed me . . . was the fact that the na- ‘‘(26) This historical and unique legal rela- 1893, the United States— tives of the islands . . . for whom in a sense we tionship has been consistently recognized and ‘‘(A) recognized the independence of the Ha- are trustees, are falling off rapidly in numbers affirmed by Congress through the enactment of waiian Nation; and many of them are in poverty.’. Federal laws which extend to the Native Hawai- ‘‘(B) extended full and complete diplomatic ‘‘(19) In 1938, Congress again acknowledged ian people the same rights and privileges ac- recognition to the Hawaiian Government; and the unique status of the Native Hawaiian people corded to American Indian, Alaska Native, Es- ‘‘(C) entered into treaties and conventions by including in the Act of June 20, 1938 (52 Stat. kimo, and Aleut communities, including the Na- with the Hawaiian monarchs to govern com- 781 et seq.), a provision to lease lands within the tive American Programs Act of 1974 (42 U.S.C. merce and navigation in 1826, 1842, 1849, 1875 extension to Native Hawaiians and to permit 2991 et seq.), the American Indian Religious and 1887. fishing in the area ‘only by native Hawaiian Freedom Act (42 U.S.C. 1996), the National Mu- ‘‘(11) In 1893, John L. Stevens, the United residents of said area or of adjacent villages and seum of the American Indian Act (20 U.S.C. 80q States Minister assigned to the sovereign and by visitors under their guidance’. et seq.), and the Native American Graves Protec- independent Kingdom of Hawaii, conspired with ‘‘(20) Under the Act entitled ‘An Act to pro- tion and Repatriation Act (25 U.S.C. 3001 et a small group of non-Hawaiian residents of the vide for the admission of the State of Hawaii seq.). Kingdom, including citizens of the United into the Union’, approved March 18, 1959 (73 ‘‘(27) The United States has also recognized States, to overthrow the indigenous and lawful Stat. 4), the United States transferred responsi- and reaffirmed the trust relationship to the Na- government of Hawaii. bility for the administration of the Hawaiian tive Hawaiian people through legislation which ‘‘(12) In pursuance of that conspiracy, the Home Lands to the State of Hawaii but re- authorizes the provision of services to Native United States Minister and the naval represent- affirmed the trust relationship which existed be- Hawaiians, specifically, the Older Americans ative of the United States caused armed naval tween the United States and the Native Hawai- Act of 1965 (42 U.S.C. 3001 et seq.), the Develop- forces of the United States to invade the sov- ian people by retaining the exclusive power to mental Disabilities Assistance and Bill of Rights ereign Hawaiian Nation in support of the over- enforce the trust, including the power to ap- Act Amendments of 1987, the Veterans’ Benefits throw of the indigenous and lawful Government prove land exchanges, and legislative amend- and Services Act of 1988, the Rehabilitation Act of Hawaii and the United States Minister there- ments affecting the rights of beneficiaries under of 1973 (29 U.S.C. 701 et seq.), the Native Hawai- upon extended diplomatic recognition of a provi- such Act. ian Health Care Act of 1988 (Public Law 100– sional government formed by the conspirators ‘‘(21) Under the Act entitled ‘An Act to pro- 579), the Health Professions Reauthorization without the consent of the native people of Ha- vide for the admission of the State of Hawaii Act of 1988, the Nursing Shortage Reduction waii or the lawful Government of Hawaii in vio- into the Union’, approved March 18, 1959 (73 and Education Extension Act of 1988, the lation of treaties between the 2 nations and of Stat. 4), the United States transferred responsi- Handicapped Programs Technical Amendments international law. bility for administration over portions of the Act of 1988, the Indian Health Care Amend- ‘‘(13) In a message to Congress on December ceded public lands trust not retained by the ments of 1988, and the Disadvantaged Minority 18, 1893, then President Grover Cleveland re- United States to the State of Hawaii but re- Health Improvement Act of 1990. ported fully and accurately on these illegal ac- affirmed the trust relationship which existed be- ‘‘(28) The United States has also affirmed the tions, and acknowledged that by these acts, de- tween the United States and the Native Hawai- historical and unique legal relationship to the scribed by the President as acts of war, the gov- ian people by retaining the legal responsibility Hawaiian people by authorizing the provision of ernment of a peaceful and friendly people was of the State for the betterment of the conditions services to Native Hawaiians to address prob- overthrown, and the President concluded that a of Native Hawaiians under section 5(f) of such lems of alcohol and drug abuse under the Anti- ‘substantial wrong has thus been done which a Act. Drug Abuse Act of 1986 (Public Law 99–570). due regard for our national character as well as ‘‘(22) In 1978, the people of Hawaii amended ‘‘(29) Further, the United States has recog- the rights of the injured people required that we their Constitution to establish the Office of Ha- nized that Native Hawaiians, as aboriginal, in- should endeavor to repair’. waiian Affairs and assigned to that body the digenous, native peoples of Hawaii, are a ‘‘(14) Queen Lili‘uokalani, the lawful mon- authority to accept and hold real and personal unique population group in Hawaii and in the arch of Hawaii, and the Hawaiian Patriotic property transferred from any source in trust for continental United States and has so declared League, representing the aboriginal citizens of the Native Hawaiian people, to receive pay- in Office of Management and Budget Circular Hawaii, promptly petitioned the United States ments from the State of Hawaii due to the Na- 15 in 1997 and Presidential Executive Order No. for redress of these wrongs and for restoration tive Hawaiian people in satisfaction of the pro 13125, dated June 7, 1999. of the indigenous government of the Hawaiian rata share of the proceeds of the Public Land ‘‘(30) Despite the United States having ex- nation, but this petition was not acted upon. Trust created under section 5 of the Admission pressed its commitment to a policy of reconcili- ‘‘(15) The United States has acknowledged the Act of 1959 (Public Law 83–3), to act as the lead ation with the Native Hawaiian people for past significance of these events and has apologized State agency for matters affecting the Native grievances in Public Law 103–150 (107 Stat. 1510) to Native Hawaiians on behalf of the people of Hawaiian people, and to formulate policy on af- the unmet health needs of the Native Hawaiian the United States for the overthrow of the King- fairs relating to the Native Hawaiian people. people remain severe and their health status dom of Hawaii with the participation of agents ‘‘(23) The authority of the Congress under the continues to be far below that of the general and citizens of the United States, and the re- Constitution to legislate in matters affecting the population of the United States. sulting deprivation of the rights of Native Ha- aboriginal or indigenous peoples of the United ‘‘(b) UNMET NEEDS AND HEALTH DISPARI- waiians to self-determination in legislation en- States includes the authority to legislate in mat- TIES.—Congress finds that the unmet needs and acted into law in 1993 (Public Law 103–150; 107 ters affecting the native peoples of Alaska and serious health disparities that adversely affect Stat. 1510). Hawaii. the Native Hawaiian people include the fol- ‘‘(16) In 1898, the United States annexed Ha- ‘‘(24) The United States has recognized the lowing: waii through the Newlands Resolution without authority of the Native Hawaiian people to con- ‘‘(1) CHRONIC DISEASE AND ILLNESS.— ‘‘(A) CANCER.— the consent of or compensation to the indige- tinue to work towards an appropriate form of ‘‘(i) IN GENERAL.—With respect to all cancer— nous peoples of Hawaii or their sovereign gov- sovereignty as defined by the Native Hawaiian ‘‘(I) Native Hawaiians have the highest can- ernment who were thereby denied the mecha- people themselves in provisions set forth in legis- cer mortality rates in the State of Hawaii (231.0 nism for expression of their inherent sovereignty lation returning the Hawaiian Island of out of every 100,000 residents), 45 percent higher through self-government and self-determination, Kaho‘olawe to custodial management by the than that for the total State population (159.7 their lands and ocean resources. State of Hawaii in 1994. out of every 100,000 residents); ‘‘(17) Through the Newlands Resolution and ‘‘(25) In furtherance of the trust responsibility ‘‘(II) Native Hawaiian males have the highest the 1900 Organic Act, the Congress received for the betterment of the conditions of Native cancer mortality rates in the State of Hawaii for 1,750,000 acres of lands formerly owned by the Hawaiians, the United States has established a cancers of the lung, liver and pancreas and for Crown and Government of the Hawaiian King- program for the provision of comprehensive all cancers combined; dom and exempted the lands from then existing health promotion and disease prevention serv- ‘‘(III) Native Hawaiian females ranked high- public land laws of the United States by man- ices to maintain and improve the health status est in the State of Hawaii for cancers of the dating that the revenue and proceeds from these of the Hawaiian people. This program is con- lung, liver, pancreas, breast, cervix uteri, corpus lands be ‘used solely for the benefit of the in- ducted by the Native Hawaiian Health Care uteri, stomach, and rectum, and for all cancers habitants of the Hawaiian Islands for education Systems, the Native Hawaiian Health Scholar- combined; and other public purposes’, thereby establishing ship Program and Papa Ola Lokahi. Health ini- ‘‘(IV) Native Hawaiian males have the highest a special trust relationship between the United tiatives from these and other health institutions years of productive life lost from cancer in the States and the inhabitants of Hawaii. and agencies using Federal assistance have been State of Hawaii with 8.7 years compared to 6.4 ‘‘(18) In 1921, Congress enacted the Hawaiian responsible for reducing the century-old mor- years for all males; and Homes Commission Act, 1920, which designated bidity and mortality rates of Native Hawaiian ‘‘(V) Native Hawaiian females have 8.2 years 200,000 acres of the ceded public lands for exclu- people by providing comprehensive disease pre- of productive life lost from cancer in the State of sive homesteading by Native Hawaiians, thereby vention, health promotion activities and in- Hawaii as compared to 6.4 years for all females affirming the trust relationship between the creasing the number of Native Hawaiians in the in the State of Hawaii;

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‘‘(ii) BREAST CANCER.—With respect to breast ‘‘(2) INFECTIOUS DISEASE AND ILLNESS.—The ‘‘(iii) lower rates of abortion (a third lower cancer— incidence of AIDS for Native Hawaiians is at than for the statewide population) among Ha- ‘‘(I) Native Hawaiians have the highest mor- least twice as high per 100,000 residents (10.5 waiian women may account in part, for the tality rates in the State of Hawaii from breast percent) than that for any other non-Caucasian higher percentage of live births; cancer (37.96 out of every 100,000 residents), group in the State of Hawaii. ‘‘(iv) in 1995, of the births to mothers age 14 which is 25 percent higher than that for Cauca- ‘‘(3) INJURIES.—With respect to injuries— years and younger in Hawaii, 66 percent were sian Americans (30.25 out of every 100,000 resi- ‘‘(A) the death rate for Native Hawaiians from Native Hawaiian; and dents) and 106 percent higher than that for Chi- injuries (38.8 out of every 100,000 residents) is 45 ‘‘(v) in 1996, of the births in this same group, nese Americans (18.39 out of every 100,000 resi- percent higher than that for the entire State 48 percent were Native Hawaiian. dents); and (26.8 out of every 100,000 residents); ‘‘(D) FETAL MORTALITY.—In 1996, Native Ha- ‘‘(II) nationally, Native Hawaiians have the ‘‘(B) Native Hawaiian males lose an average waiian fetal mortality rates comprised 15 per- third highest mortality rates due to breast can- of 14 years of productive life lost from injuries cent of all fetal deaths for the State of Hawaii. cer (25.0 out of every 100,000 residents) following as compared to 9.8 years for all other males in However, for fetal deaths occurring in mothers African Americans (31.4 out of every 100,000 Hawaii; and under the age of 18 years, 32 percent were Na- residents) and Caucasian Americans (27.0 out of ‘‘(C) Native Hawaiian females lose and aver- tive Hawaiian, and for mothers 18 through 24 age of 4 years of productive life lost from inju- every 100,000 residents). years of age, 28 percent were Native Hawaiians. ries but this rate is the highest rate among all ‘‘(iii) CANCER OF THE CERVIX.—Native Hawai- ‘‘(7) MENTAL HEALTH.— females in the State of Hawaii. ians have the highest mortality rates from can- ‘‘(A) ALCOHOL AND DRUG ABUSE.—With re- ‘‘(4) DENTAL HEALTH.—With respect to dental cer of the cervix in the State of Hawaii (3.82 out spect to alcohol and drug abuse— health— ‘‘(i) Native Hawaiians represent 38 percent of of every 100,000 residents) followed by Filipino ‘‘(A) Native Hawaiian children exhibit among Americans (3.33 out of every 100,000 residents) the highest rates of dental caries in the nation, the total admissions to Department of Health, and Caucasian Americans (2.61 out of every and the highest in the State of Hawaii as com- Alcohol, Drugs and Other Drugs, funded sub- 100,000 residents). pared to the 5 other major ethnic groups in the stance abuse treatment programs; ‘‘(iv) LUNG CANCER.—Native Hawaiians have State; ‘‘(ii) in 1997, the prevalence of cigarette smok- the highest mortality rates from lung cancer in ‘‘(B) the average number of decayed or filled ing by Native Hawaiians was 28.5 percent, a the State of Hawaii (90.70 out of every 100,000 primary teeth for Native Hawaiian children ages rate that is 53 percent higher than that for all residents), which is 61 percent higher than Cau- 5 through 9 years was 4.3 as compared with 3.7 other races in the State of Hawaii which is 18.6 casian Americans, who rank second and 161 per- for the entire State of Hawaii and 1.9 for the percent; cent higher than Japanese Americans, who rank United States; and ‘‘(iii) Native Hawaiians have the highest prev- third. ‘‘(C) the proportion of Native Hawaiian chil- alence rates of acute alcohol drinking (31 per- ‘‘(v) PROSTATE CANCER.—Native Hawaiian dren ages 5 through 12 years with unmet treat- cent), a rate that is 79 percent higher than that males have the second highest mortality rates ment needs (defined as having active dental car- for all other races in the State of Hawaii; due to prostate cancer in the State of Hawaii ies requiring treatment) is 40 percent as com- ‘‘(iv) the chronic alcohol drinking rate among (25.86 out of every 100,000 residents) with Cau- pared with 33 percent for all other races in the Native Hawaiians is 54 percent higher than that casian Americans having the highest mortality State of Hawaii. for all other races in the State of Hawaii; rate from prostate cancer (30.55 out of every ‘‘(5) LIFE EXPECTANCY.—With respect to life ‘‘(v) in 1991, 40 percent of the Native Hawai- 100,000 residents). expectancy— ian adults surveyed reported having used mari- ‘‘(B) DIABETES.—With respect to diabetes, for ‘‘(A) Native Hawaiians have the lowest life juana compared with 30 percent for all other the years 1989 through 1991— expectancy of all population groups in the State races in the State of Hawaii; and ‘‘(i) Native Hawaiians had the highest mor- of Hawaii; ‘‘(vi) nine percent of the Native Hawaiian tality rate due to diabetes mellitis (34.7 out of ‘‘(B) between 1910 and 1980, the life expect- adults surveyed reported that they are current every 100,000 residents) in the State of Hawaii ancy of Native Hawaiians from birth has ranged users (within the past year) of marijuana, com- which is 130 percent higher than the statewide from 5 to 10 years less than that of the overall pared with 6 percent for all other races in the rate for all other races (15.1 out of every 100,000 State population average; and State of Hawaii. residents); ‘‘(C) the most recent tables for 1990 show Na- ‘‘(B) CRIME.—With respect to crime— ‘‘(ii) full-blood Hawaiians had a mortality tive Hawaiian life expectancy at birth (74.27 ‘‘(i) in 1996, of the 5,944 arrests that were rate of 93.3 out of every 100,000 residents, which years) to be about 5 years less than that of the made for property crimes in the State of Hawaii, is 518 percent higher than the rate for the state- total State population (78.85 years). arrests of Native Hawaiians comprised 20 per- wide population of all other races; and ‘‘(6) MATERNAL AND CHILD HEALTH.— cent of that total; ‘‘(iii) Native Hawaiians who are less than ‘‘(A) PRENATAL CARE.—With respect to pre- ‘‘(ii) Native Hawaiian juveniles comprised a full-blood had a mortality rate of 27.1 out of natal care— third of all juvenile arrests in 1996; every 100,000 residents, which is 79 percent high- ‘‘(i) as of 1996, Native Hawaiian women have ‘‘(iii) In 1996, Native Hawaiians represented 21 er than the rate for the statewide population of the highest prevalence (21 percent) of having percent of the 8,000 adults arrested for violent all other races. had no prenatal care during their first trimester crimes in the State of Hawaii, and 38 percent of ‘‘(C) ASTHMA.—With respect to asthma— of pregnancy when compared to the 5 largest the 4,066 juvenile arrests; ‘‘(i) in 1990, Native Hawaiians comprised 44 ethnic groups in the State of Hawaii; ‘‘(iv) Native Hawaiians are over-represented percent of all asthma cases in the State of Ha- ‘‘(ii) of the mothers in the State of Hawaii in the prison population in Hawaii; waii for those 18 years of age and younger, and who received no prenatal care throughout their ‘‘(v) in 1995 and 1996 Native Hawaiians com- 35 percent of all asthma cases reported; and pregnancy in 1996, 44 percent were Native Ha- prised 36.5 percent of the sentenced felon prison ‘‘(ii) in 1992, the Native Hawaiian rate for waiian; population in Hawaii, as compared to 20.5 per- asthma was 81.7 out of every 1000 residents, ‘‘(iii) over 65 percent of the referrals to cent for Caucasian Americans, 3.7 percent for which was 73 percent higher than the rate for Healthy Start in fiscal years 1996 and 1997 were Japanese Americans, and 6 percent for Chinese the total statewide population of 47.3 out of Native Hawaiian newborns; and Americans; ‘‘(iv) in every region of the State of Hawaii, every 1000 residents. ‘‘(vi) in 1995 and 1996 Native Hawaiians made many Native Hawaiian newborns begin life in a ‘‘(D) CIRCULATORY DISEASES.— up 45.4 percent of the technical violator popu- potentially hazardous circumstance, far higher ‘‘(i) HEART DISEASE.—With respect to heart lation, and at the Hawaii Youth Correctional than any other racial group. disease— Facility, Native Hawaiians constituted 51.6 per- ‘‘(B) BIRTHS.—With respect to births— ‘‘(I) the death rate for Native Hawaiians from ‘‘(i) in 1996, 45 percent of the live births to Na- cent of all detainees in fiscal year 1997; and heart disease (333.4 out of every 100,000 resi- tive Hawaiian mothers were infants born to sin- ‘‘(vii) based on anecdotal information from in- dents) is 66 percent higher than for the entire gle mothers which statistics indicate put infants mates at the Halawa Correction Facilities, Na- State of Hawaii (201.1 out of every 100,000 resi- at higher risk of low birth weight and infant tive Hawaiians are estimated to comprise be- dents); and mortality; tween 60 and 70 percent of all inmates. ‘‘(II) Native Hawaiian males have the greatest ‘‘(ii) in 1996, of the births to Native Hawaiian ‘‘(8) HEALTH PROFESSIONS EDUCATION AND years of productive life lost in the State of Ha- single mothers, 8 percent were low birth weight TRAINING.—With respect to health professions waii where Native Hawaiian males lose an aver- (under 2500 grams); and education and training— age of 15.5 years and Native Hawaiian females ‘‘(iii) of all low birth weight babies born to ‘‘(A) Native Hawaiians age 25 years and older lose an average of 8.2 years due to heart disease, single mothers in the State of Hawaii, 44 percent have a comparable rate of high school comple- as compared to 7.5 years for all males in the were Native Hawaiian. tion, however, the rates of baccalaureate degree State of Hawaii and 6.4 years for all females. ‘‘(C) TEEN PREGNANCIES.—With respect to achievement amongst Native Hawaiians are less ‘‘(ii) HYPERTENSION.—The death rate for Na- births— than the norm in the State of Hawaii (6.9 per- tive Hawaiians from hypertension (3.5 out of ‘‘(i) in 1993 and 1994, Native Hawaiians had cent and 15.76 percent respectively); every 100,000 residents) is 84 percent higher than the highest percentage of teen (individuals who ‘‘(B) Native Hawaiian physicians make up 4 that for the entire State (1.9 out of every 100,000 were less than 18 years of age) births (8.1 per- percent of the total physician workforce in the residents). cent) compared to the rate for all other races in State of Hawaii; and ‘‘(iii) STROKE.—The death rate for Native Ha- the State of Hawaii (3.6 percent); ‘‘(C) in fiscal year 1997, Native Hawaiians waiians from stroke (58.3 out of every 100,000 ‘‘(ii) in 1996, nearly 53 percent of all mothers comprised 8 percent of those individuals who residents) is 13 percent higher than that for the in Hawaii under 18 years of age were Native Ha- earned Bachelor’s Degrees, 14 percent of those entire State (51.8 out of every 100,000 residents). waiian; individuals who earned professional diplomas, 6

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00106 Fmt 4624 Sfmt 6333 E:\CR\FM\A26SE6.021 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9321 percent of those individuals who earned Mas- ‘‘(A) has a governing board that is composed ‘‘(xv) such other member organizations as the ter’s Degrees, and less than 1 percent of individ- of individuals, at least 50 percent of whom are Board of Papa Ola Lokahi will admit from time uals who earned doctoral degrees at the Univer- Native Hawaiians; to time, based upon satisfactory demonstration sity of Hawaii. ‘‘(B) has demonstrated cultural competency in of a record of contribution to the health and ‘‘SEC. 3. DEFINITIONS. a predominantly Native Hawaiian community; well-being of Native Hawaiians. ‘‘In this Act: ‘‘(C) serves a patient population that— ‘‘(B) LIMITATION.—Such term does not include ‘‘(1) DEPARTMENT.—The term ‘department’ ‘‘(i) is made up of individuals at least 50 per- any organization described in subparagraph (A) means the Department of Health and Human cent of whom are Native Hawaiian; or if the Secretary determines that such organiza- Services. ‘‘(ii) has not less than 2,500 Native Hawaiians tion has not developed a mission statement with ‘‘(2) DISEASE PREVENTION.—The term ‘disease as annual users of services; and clearly defined goals and objectives for the con- prevention’ includes— ‘‘(D) is recognized by Papa Ola Lokahi has tributions the organization will make to the Na- ‘‘(A) immunizations; having met all the criteria of this paragraph. tive Hawaiian health care systems, the national ‘‘(B) control of high blood pressure; ‘‘(7) NATIVE HAWAIIAN HEALTH TASK FORCE.— policy as set forth in section 4, and an action ‘‘(C) control of sexually transmittable dis- The term ‘Native Hawaiian Health Task Force’ plan for carrying out those goals and objectives. eases; means a task force established by the State ‘‘(11) PRIMARY HEALTH SERVICES.—The term ‘‘(D) prevention and control of chronic dis- Council of Hawaiian Homestead Associations to ‘primary health services’ means— eases; implement health and wellness strategies in Na- ‘‘(A) services of physicians, physicians’ assist- ‘‘(E) control of toxic agents; tive Hawaiian communities. ants, nurse practitioners, and other health pro- ‘‘(F) occupational safety and health; ‘‘(8) NATIVE HAWAIIAN ORGANIZATION.—The fessionals; ‘‘(G) injury prevention; term ‘Native Hawaiian organization’ means any ‘‘(B) diagnostic laboratory and radiologic ‘‘(H) fluoridation of water; organization— services; ‘‘(I) control of infectious agents; and ‘‘(A) which serves the interests of Native Ha- ‘‘(C) preventive health services including ‘‘(J) provision of mental health care. waiians; and perinatal services, well child services, family ‘‘(B) which is— ‘‘(3) HEALTH PROMOTION.—The term ‘health planning services, nutrition services, home ‘‘(i) recognized by Papa Ola Lokahi for the promotion’ includes— health services, and, generally, all those services purpose of planning, conducting, or admin- ‘‘(A) pregnancy and infant care, including associated with enhanced health and wellness. prevention of fetal alcohol syndrome; istering programs (or portions of programs) au- ‘‘(D) emergency medical services; ‘‘(B) cessation of tobacco smoking; thorized under this Act for the benefit of Native ‘‘(E) transportation services as required for ‘‘(C) reduction in the misuse of alcohol and Hawaiians; and adequate patient care; ‘‘(ii) a public or nonprofit private entity. harmful illicit drugs; ‘‘(F) preventive dental services; ‘‘(9) OFFICE OF HAWAIIAN AFFAIRS.—The terms ‘‘(D) improvement of nutrition; ‘‘(G) pharmaceutical and medicament services; ‘Office of Hawaiian Affairs’ and ‘OHA’ mean ‘‘(E) improvement in physical fitness; ‘‘(H) primary care services that may lead to ‘‘(F) family planning; the governmental entity established under Arti- specialty or tertiary care; and ‘‘(G) control of stress; cle XII, sections 5 and 6 of the Hawaii State ‘‘(I) complimentary healing practices, includ- ‘‘(H) reduction of major behavioral risk fac- Constitution and charged with the responsibility ing those performed by traditional Native Ha- tors and promotion of healthy lifestyle practices; to formulate policy relating to the affairs of Na- waiian healers. and tive Hawaiians. ‘‘(12) SECRETARY.—The term ‘Secretary’ means ‘‘(I) integration of cultural approaches to ‘‘(10) PAPA OLA LOKAHI.— the Secretary of Health and Human Services. ‘‘(A) IN GENERAL.—The term ‘Papa Ola health and well-being, including traditional ‘‘(13) TRADITIONAL NATIVE HAWAIIAN HEAL- Lokahi’ means an organization that is composed practices relating to the atmosphere (lewa lani), ER.—The term ‘traditional Native Hawaiian of public agencies and private organizations fo- land (‘aina), water (wai), and ocean (kai). healer’ means a practitioner— cusing on improving the health status of Native ‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Ha- ‘‘(A) who— Hawaiians. Board members of such organization waiian’ means any individual who is Kanaka ‘‘(i) is of Native Hawaiian ancestry; and may include representation from— Maoli (a descendant of the aboriginal people ‘‘(ii) has the knowledge, skills, and experience ‘‘(i) E Ola Mau; in direct personal health care of individuals; who, prior to 1778, occupied and exercised sov- ‘‘(ii) the Office of Hawaiian Affairs of the ereignty in the area that now constitutes the and State of Hawaii; ‘‘(B) whose knowledge, skills, and experience State of Hawaii) as evidenced by— ‘‘(iii) Alu Like, Inc.; are based on demonstrated learning of Native ‘‘(A) genealogical records, ‘‘(iv) the University of Hawaii; ‘‘(B) kama‘aina witness verification from Na- ‘‘(v) the Hawaii State Department of Health; Hawaiian healing practices acquired by— tive Hawaiian Kupuna (elders); or ‘‘(vi) the Kamehameha Schools, or other Na- ‘‘(i) direct practical association with Native ‘‘(C) birth records of the State of Hawaii or tive Hawaiian organization responsible for the Hawaiian elders; and any State or territory of the United States. administration of the Native Hawaiian Health ‘‘(ii) oral traditions transmitted from genera- ‘‘(5) NATIVE HAWAIIAN HEALTH CARE SYSTEM.— Scholarship Program; tion to generation. The term ‘Native Hawaiian health care system’ ‘‘(vii) the Hawaii State Primary Care Associa- ‘‘SEC. 4. DECLARATION OF NATIONAL NATIVE HA- means an entity— tion, or Native Hawaiian Health Centers whose WAIIAN HEALTH POLICY. ‘‘(A) which is organized under the laws of the patient populations are predominantly Native ‘‘(a) CONGRESS.—Congress hereby declares State of Hawaii; Hawaiian; that it is the policy of the United States in ful- ‘‘(B) which provides or arranges for health ‘‘(viii) Ahahui O Na Kauka, the Native Ha- fillment of its special responsibilities and legal care services through practitioners licensed by waiian Physicians Association; obligations to the indigenous peoples of Hawaii the State of Hawaii, where licensure require- ‘‘(ix) Ho‘ola Lahui Hawaii, or a health care resulting from the unique and historical rela- ments are applicable; system serving the islands of Kaua‘i or Ni‘ihau, tionship between the United States and the in- ‘‘(C) which is a public or nonprofit private en- and which may be composed of as many health digenous peoples of Hawaii— tity; care centers as are necessary to meet the health ‘‘(1) to raise the health status of Native Ha- ‘‘(D) in which Native Hawaiian health practi- care needs of the Native Hawaiians of those is- waiians to the highest possible health level; and tioners significantly participate in the planning, lands; ‘‘(2) to provide existing Native Hawaiian management, monitoring, and evaluation of ‘‘(x) Ke Ola Mamo, or a health care system health care programs with all resources nec- health care services; serving the island of O‘ahu and which may be essary to effectuate this policy. ‘‘(E) which may be composed of as many as 8 composed of as many health care centers as are ‘‘(b) INTENT OF CONGRESS.—It is the intent of Native Hawaiian health care systems as nec- necessary to meet the health care needs of the the Congress that— essary to meet the health care needs of each is- Native Hawaiians of that island; ‘‘(1) health care programs having a dem- land’s Native Hawaiians; and ‘‘(xi) Na Pu‘uwai or a health care system onstrated effect of substantially reducing or ‘‘(F) which is— serving the islands of Moloka‘i or Lana‘i, and eliminating the over-representation of Native ‘‘(i) recognized by Papa Ola Lokahi for the which may be composed of as many health care Hawaiians among those suffering from chronic purpose of planning, conducting, or admin- centers as are necessary to meet the health care and acute disease and illness and addressing the istering programs, or portions of programs, au- needs of the Native Hawaiians of those islands; health needs, including perinatal, early child thorized by this chapter for the benefit of Native ‘‘(xii) Hui No Ke Ola Pono, or a health care development, and family-based health edu- Hawaiians; and system serving the island of Maui, and which cation, of Native Hawaiians shall be established ‘‘(ii) certified by Papa Ola Lokahi as having may be composed of as many health care centers and implemented; and the qualifications and the capacity to provide as are necessary to meet the health care needs ‘‘(2) the Nation raise the health status of Na- the services and meet the requirements under of the Native Hawaiians of that island; tive Hawaiians by the year 2010 to at least the the contract the Native Hawaiian health care ‘‘(xiii) Hui Malama Ola Na ‘Oiwi, or a health levels set forth in the goals contained within system enters into with the Secretary or the care system serving the island of Hawaii, and Healthy People 2010 or successor standards and grant the Native Hawaiian health care system which may be composed of as many health care to incorporate within health programs, activities receives from the Secretary pursuant to this Act. centers as are necessary to meet the health care defined and identified by Kanaka Maoli which ‘‘(6) NATIVE HAWAIIAN HEALTH CENTER.—The needs of the Native Hawaiians of that island; may include— term ‘Native Hawaiian Health Center’ means ‘‘(xiv) other Native Hawaiian health care sys- ‘‘(A) incorporating and supporting the inte- any organization that is a primary care provider tems as certified and recognized by Papa Ola gration of cultural approaches to health and and that— Lokahi in accordance with this Act; and well-being, including programs using traditional

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00107 Fmt 4624 Sfmt 6333 E:\CR\FM\A26SE6.021 pfrm02 PsN: S26PT1 S9322 CONGRESSIONAL RECORD — SENATE September 26, 2000 practices relating to the atmosphere (lewa lani), ‘‘SEC. 6. FUNCTIONS OF PAPA OLA LOKAHI AND tions that are capable of providing health-re- land (’aina), water (wai), or ocean (kai); OFFICE OF HAWAIIAN AFFAIRS. lated resources or services to Native Hawaiians ‘‘(B) increasing the number of health and al- ‘‘(a) RESPONSIBILITY.—Papa Ola Lokahi shall and the Native Hawaiian health care systems or lied-health care providers who are trained to be responsible for the— of providing resources or services for the imple- provide culturally competent care to Native Ha- ‘‘(1) coordination, implementation, and updat- mentation of the National policy as set forth in waiians; ing, as appropriate, of the comprehensive health section 4. ‘‘(C) increasing the use of traditional Native care master plan developed pursuant to section ‘‘(2) HEALTH CARE FINANCING.— Hawaiian foods in peoples’ diets and dietary 5; ‘‘(A) FEDERAL CONSULTATION.—Federal agen- preferences including those of students and the ‘‘(2) training for the persons described in sub- cies providing health care financing and car- use of these traditional foods in school feeding paragraphs (B) and (C) of section 7(c)(1); rying out health care programs, including the programs; ‘‘(3) identification of and research into the Health Care Financing Administration, shall ‘‘(D) identifying and instituting Native Ha- diseases that are most prevalent among Native consult with Native Hawaiians and organiza- waiian cultural values and practices within the Hawaiians, including behavioral, biomedical, tions providing health care services to Native ‘corporate cultures’ of organizations and agen- epidemiological, and health services; Hawaiians prior to the adoption of any policy cies providing health services to Native Hawai- ‘‘(4) development and maintenance of an in- or regulation that may impact on the provision ians; stitutional review board for all research projects of services or health insurance coverage. Such ‘‘(E) facilitating the provision of Native Ha- involving all aspects of Native Hawaiian health, consultation shall include the identification of waiian healing practices by Native Hawaiian including behavioral, biomedical, epidemiolog- the impact of any proposed policy, rule, or regu- healers for those clients desiring such assist- ical, and health services studies; and lation. ance; and ‘‘(5) the maintenance of an action plan out- ‘‘(B) STATE CONSULTATION.—The State of Ha- ‘‘(F) supporting training and education ac- lining the contributions that each member orga- waii shall engage in meaningful consultation tivities and programs in traditional Native Ha- nization of Papa Ola Lokahi will make in car- with Native Hawaiians and organizations pro- waiian healing practices by Native Hawaiian rying out the policy of this Act. viding health care services to Native Hawaiians healers. ‘‘(b) SPECIAL PROJECT FUNDS.—Papa Ola in the State of Hawaii prior to making any ‘‘(c) REPORT.—The Secretary shall submit to Lokahi may receive special project funds that changes or initiating new programs. the President, for inclusion in each report re- may be appropriated for the purpose of research ‘‘(C) CONSULTATION ON FEDERAL HEALTH IN- quired to be transmitted to Congress under sec- on the health status of Native Hawaiians or for SURANCE PROGRAMS. tion 12, a report on the progress made towards the purpose of addressing the health care needs ‘‘(i) IN GENERAL.—The Office of Hawaiian Af- meeting the National policy as set forth in this of Native Hawaiians. fairs, in collaboration with Papa Ola Lokahi, section. ‘‘(c) CLEARINGHOUSE.— may develop consultative, contractual or other ‘‘SEC. 5. COMPREHENSIVE HEALTH CARE MASTER ‘‘(1) IN GENERAL.—Papa Ola Lokahi shall arrangements, including memoranda of under- PLAN FOR NATIVE HAWAIIANS. serve as a clearinghouse for— standing or agreement, with— ‘‘(a) DEVELOPMENT.— ‘‘(A) the collection and maintenance of data ‘‘(I) the Health Care Financing Administra- ‘‘(1) IN GENERAL.—The Secretary may make a associated with the health status of Native Ha- tion; grant to, or enter into a contract with, Papa waiians; ‘‘(II) the agency of the State of Hawaii that Ola Lokahi for the purpose of coordinating, im- ‘‘(B) the identification and research into dis- administers or supervises the administration of plementing and updating a Native Hawaiian eases affecting Native Hawaiians; the State plan or waiver approved under title comprehensive health care master plan designed ‘‘(C) the availability of Native Hawaiian XVIII, XIX, or XXI of the Social Security Act to promote comprehensive health promotion and project funds, research projects and publica- for the payment of all or a part of the health disease prevention services and to maintain and tions; care services provided to Native Hawaiians who ‘‘(D) the collaboration of research in the area improve the health status of Native Hawaiians, are eligible for medical assistance under the of Native Hawaiian health; and and to support community-based initiatives that State plan or waiver; or ‘‘(E) the timely dissemination of information are reflective of holistic approaches to health. ‘‘(III) any other Federal agency or agencies pertinent to the Native Hawaiian health care ‘‘(2) CONSULTATION.— providing full or partial health insurance to Na- ‘‘(A) IN GENERAL.—Papa Ola Lokahi and the systems. tive Hawaiians. Office of Hawaiian Affairs shall consult with ‘‘(2) CONSULTATION.—The Secretary shall pro- ‘‘(ii) CONTENTS OF ARRANGEMENTS.—Arrange- the Native Hawaiian health care systems, Na- vide Papa Ola Lokahi and the Office of Hawai- ments under clause (i) may address— tive Hawaiian health centers, and the Native ian Affairs, at least once annually, an account- ‘‘(I) appropriate reimbursement for health Hawaiian community in carrying out this sec- ing of funds and services provided to States and care services including capitation rates and fee- tion. to nonprofit groups and organizations from the for-service rates for Native Hawaiians who are ‘‘(B) MEMORANDA OF UNDERSTANDING.—Papa Department for the purposes set forth in section entitled to or eligible for insurance; Ola Lokahi and the Office of Hawaiian Affairs 4. Such accounting shall include— ‘‘(II) the scope of services; or may enter into memoranda of understanding or ‘‘(A) the amount of funds expended explicitly ‘‘(III) other matters that would enable Native agreement for the purposes of acquiring joint for and benefiting Native Hawaiians; Hawaiians to maximize health insurance bene- funding and for other issues as may be nec- ‘‘(B) the number of Native Hawaiians im- fits provided by Federal and State health insur- essary to accomplish the objectives of this sec- pacted by these funds; ance programs. tion. ‘‘(C) the identification of collaborations made ‘‘(3) TRADITIONAL HEALERS.—The provision of ‘‘(3) HEALTH CARE FINANCING STUDY REPORT.— with Native Hawaiian groups and organizations health services under any program operated by Not later than 18 months after the date of enact- in the expenditure of these funds; and the Department or another Federal agency in- ment of this Act, Papa Ola Lokahi in coopera- ‘‘(D) the amount of funds used for Federal ad- cluding the Department of Veterans Affairs, tion with the Office of Hawaiian Affairs and ministrative purposes and for the provision of may include the services of ‘traditional Native other appropriate agencies of the State of Ha- direct services to Native Hawaiians. Hawaiian healers’ as defined in this Act or ‘tra- waii, including the Department of Health and ‘‘(d) FISCAL ALLOCATION AND COORDINATION ditional healers’ providing ‘traditional health the Department of Human Services and the Na- OF PROGRAMS AND SERVICES.— care practices’ as defined in section 4(r) of Pub- tive Hawaiian health care systems and Native ‘‘(1) RECOMMENDATIONS.—Papa Ola Lokahi lic Law 94–437. Such services shall be exempt Hawaiian health centers, shall submit to Con- shall provide annual recommendations to the from national accreditation reviews, including gress a report detailing the impact of current Secretary with respect to the allocation of all reviews conducted by the Joint Accreditation Federal and State health care financing mecha- amounts appropriated under this Act. Commission on Health Organizations and the nisms and policies on the health and well-being ‘‘(2) COORDINATION.—Papa Ola Lokahi shall, Rehabilitation Accreditation Commission. of Native Hawaiians. Such report shall to the maximum extent possible, coordinate and include— assist the health care programs and services pro- ‘‘SEC. 7. NATIVE HAWAIIAN HEALTH CARE. ‘‘(A) information concerning the impact of vided to Native Hawaiians. ‘‘(a) COMPREHENSIVE HEALTH PROMOTION, cultural competency, risk assessment data, eligi- ‘‘(3) REPRESENTATION ON COMMISSION.—The DISEASE PREVENTION, AND PRIMARY HEALTH bility requirements and exemptions, and reim- Secretary, in consultation with Papa Ola SERVICES.— bursement policies and capitation rates cur- Lokahi, shall make recommendations for Native ‘‘(1) GRANTS AND CONTRACTS.—The Secretary, rently in effect for service providers; Hawaiian representation on the President’s Ad- in consultation with Papa Ola Lokahi, may ‘‘(B) any other such information as may be visory Commission on Asian Americans and Pa- make grants to, or enter into contracts with, important to improving the health status of Na- cific Islanders. any qualified entity for the purpose of providing tive Hawaiians as such information relates to ‘‘(e) TECHNICAL SUPPORT.—Papa Ola Lokahi comprehensive health promotion and disease health care financing including barriers to may act as a statewide infrastructure to provide prevention services, as well as primary health health care; and technical support and coordination of training services, to Native Hawaiians who desire and ‘‘(C) the recommendations for submission to and technical assistance to the Native Hawaiian are committed to bettering their own health. the Secretary for review and consultation with health care systems and to Native Hawaiian ‘‘(2) PREFERENCE.—In making grants and en- Native Hawaiians. health centers. tering into contracts under this subsection, the ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(f) RELATIONSHIPS WITH OTHER AGENCIES.— Secretary shall give preference to Native Hawai- There are authorized to be appropriated such ‘‘(1) AUTHORITY.—Papa Ola Lokahi may enter ian health care systems and Native Hawaiian sums as may be necessary to carry out sub- into agreements or memoranda of understanding organizations and, to the extent feasible, health section (a). with relevant institutions, agencies or organiza- promotion and disease prevention services shall

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00108 Fmt 4624 Sfmt 6333 E:\CR\FM\A26SE6.021 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9323 be performed through Native Hawaiian health ‘‘(2) to purchase or improve real property ‘‘(1) agrees to establish such procedures for care systems. (other than minor remodeling of existing im- fiscal control and fund accounting as may be ‘‘(3) QUALIFIED ENTITY.—An entity is a quali- provements to real property) or to purchase necessary to ensure proper disbursement and ac- fied entity for purposes of paragraph (1) if the major medical equipment. counting with respect to the grant or contract; entity is a Native Hawaiian health care system ‘‘(g) LIMITATION ON CHARGES FOR SERVICES.— ‘‘(2) agrees to ensure the confidentiality of or a Native Hawaiian Center. The Secretary may not make a grant to, or enter records maintained on individuals receiving ‘‘(4) LIMITATION ON NUMBER OF ENTITIES.— into a contract with, an entity under subsection health services under the grant or contract; The Secretary may make a grant to, or enter (a) unless the entity agrees that, whether health ‘‘(3) with respect to providing health services into a contract with, not more than 8 Native services are provided directly or through to any population of Native Hawaiians, a sub- Hawaiian health care systems under this sub- contract— stantial portion of which has a limited ability to section during any fiscal year. ‘‘(1) health services under the grant or con- speak the English language— ‘‘(b) PLANNING GRANT OR CONTRACT.—In ad- tract will be provided without regard to ability ‘‘(A) has developed and has the ability to dition to grants and contracts under subsection to pay for the health services; and carry out a reasonable plan to provide health (a), the Secretary may make a grant to, or enter ‘‘(2) the entity will impose a charge for the de- services under the grant or contract through in- into a contract with, Papa Ola Lokahi for the livery of health services, and such charge— dividuals who are able to communicate with the purpose of planning Native Hawaiian health ‘‘(A) will be made according to a schedule of population involved in the language and cul- care systems to serve the health needs of Native charges that is made available to the public; tural context that is most appropriate; and Hawaiian communities on each of the islands of and ‘‘(B) has designated at least 1 individual, flu- O‘ahu, Moloka‘i, Maui, Hawai‘i, Lana‘i, ‘‘(B) will be adjusted to reflect the income of ent in both English and the appropriate lan- Kaua‘i, and Ni‘ihau in the State of Hawaii. the individual involved. guage, to assist in carrying out the plan; ‘‘(c) SERVICES TO BE PROVIDED.— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) with respect to health services that are ‘‘(1) IN GENERAL.—Each recipient of funds ‘‘(1) GENERAL GRANTS.—There is authorized to covered under programs under titles XVIII, under subsection (a) shall ensure that the fol- be appropriated such sums as may be necessary XIX, or XXI of the Social Security Act, includ- lowing services either are provided or arranged for each of fiscal years 2001 through 2011 to ing any State plan, or under any other Federal for: carry out subsection (a). health insurance plan— ‘‘(A) Outreach services to inform Native Ha- ‘‘(2) PLANNING GRANTS.—There is authorized ‘‘(A) if the entity will provide under the grant waiians of the availability of health services. to be appropriated such sums as may be nec- or contract any such health services directly— ‘‘(B) Education in health promotion and dis- essary for each of fiscal years 2001 through 2011 ‘‘(i) the entity has entered into a participation ease prevention of the Native Hawaiian popu- to carry out subsection (b). agreement under such plans; and lation by, wherever possible, Native Hawaiian ‘‘(ii) the entity is qualified to receive pay- ‘‘SEC. 8. ADMINISTRATIVE GRANT FOR PAPA OLA ments under such plan; and health care practitioners, community outreach LOKAHI. workers, counselors, and cultural educators. ‘‘(B) if the entity will provide under the grant ‘‘(a) IN GENERAL.—In addition to any other or contract any such health services through a ‘‘(C) Services of physicians, physicians’ assist- grant or contract under this Act, the Secretary ants, nurse practitioners or other health and al- contract with an organization— may make grants to, or enter into contracts ‘‘(i) the organization has entered into a par- lied-health professionals. with, Papa Ola Lokahi for— ‘‘(D) Immunizations. ticipation agreement under such plan; and ‘‘(1) coordination, implementation, and updat- ‘‘(E) Prevention and control of diabetes, high ‘‘(ii) the organization is qualified to receive ing (as appropriate) of the comprehensive health blood pressure, and otitis media. payments under such plan; and care master plan developed pursuant to section ‘‘(F) Pregnancy and infant care. ‘‘(5) agrees to submit to the Secretary and to ‘‘(G) Improvement of nutrition. 5; Papa Ola Lokahi an annual report that de- ‘‘(H) Identification, treatment, control, and ‘‘(2) training for the persons described section scribes the use and costs of health services pro- reduction of the incidence of preventable ill- 7(c)(1); vided under the grant or contract (including the nesses and conditions endemic to Native Hawai- ‘‘(3) identification of and research into the average cost of health services per user) and ians. diseases that are most prevalent among Native that provides such other information as the Sec- ‘‘(I) Collection of data related to the preven- Hawaiians, including behavioral, biomedical, retary determines to be appropriate. tion of diseases and illnesses among Native Ha- epidemiologic, and health services; ‘‘(d) CONTRACT EVALUATION.— waiians. ‘‘(4) the maintenance of an action plan out- ‘‘(1) DETERMINATION OF NONCOMPLIANCE.—If, ‘‘(J) Services within the meaning of the terms lining the contributions that each member orga- as a result of evaluations conducted by the Sec- ‘health promotion’, ‘disease prevention’, and nization of Papa Ola Lokahi will make in car- retary, the Secretary determines that an entity ‘primary health services’, as such terms are de- rying out the policy of this Act; has not complied with or satisfactorily per- fined in section 3, which are not specifically re- ‘‘(5) a clearinghouse function for— formed a contract entered into under section 7, ferred to in subsection (a). ‘‘(A) the collection and maintenance of data the Secretary shall, prior to renewing such con- ‘‘(K) Support of culturally appropriate activi- associated with the health status of Native Ha- tract, attempt to resolve the areas of noncompli- ties enhancing health and wellness including waiians; ance or unsatisfactory performance and modify land-based, water-based, ocean-based, and spir- ‘‘(B) the identification and research into dis- such contract to prevent future occurrences of itually-based projects and programs. eases affecting Native Hawaiians; and such noncompliance or unsatisfactory perform- ‘‘(2) TRADITIONAL HEALERS.—The health care ‘‘(C) the availability of Native Hawaiian ance. services referred to in paragraph (1) which are project funds, research projects and publica- ‘‘(2) NONRENEWAL.—If the Secretary deter- provided under grants or contracts under sub- tions; mines that the noncompliance or unsatisfactory section (a) may be provided by traditional Na- ‘‘(6) the establishment and maintenance of an performance described in paragraph (1) with re- tive Hawaiian healers. institutional review board for all health-related spect to an entity cannot be resolved and pre- ‘‘(d) FEDERAL TORT CLAIMS ACT.—Individuals research involving Native Hawaiians; vented in the future, the Secretary shall not who provide medical, dental, or other services ‘‘(7) the coordination of the health care pro- renew the contract with such entity and may referred to in subsection (a)(1) for Native Ha- grams and services provided to Native Hawai- enter into a contract under section 7 with an- waiian health care systems, including providers ians; and other entity referred to in subsection (a)(3) of of traditional Native Hawaiian healing services, ‘‘(8) the administration of special project such section that provides services to the same shall be treated as if such individuals were mem- funds. population of Native Hawaiians which is served bers of the Public Health Service and shall be ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— by the entity whose contract is not renewed by covered under the provisions of section 224 of There is authorized to be appropriated such reason of this paragraph. the Public Health Service Act. sums as may be necessary for each of fiscal ‘‘(3) CONSIDERATION OF RESULTS.—In deter- ‘‘(e) SITE FOR OTHER FEDERAL PAYMENTS.—A years 2001 through 2011 to carry out subsection mining whether to renew a contract entered into Native Hawaiian health care system that re- (a). with an entity under this Act, the Secretary ceives funds under subsection (a) shall provide ‘‘SEC. 9. ADMINISTRATION OF GRANTS AND CON- shall consider the results of the evaluations con- a designated area and appropriate staff to serve TRACTS. ducted under this section. as a Federal loan repayment facility. Such facil- ‘‘(a) TERMS AND CONDITIONS.—The Secretary ‘‘(4) APPLICATION OF FEDERAL LAWS.—All con- ity shall be designed to enable health and allied- shall include in any grant made or contract en- tracts entered into by the Secretary under this health professionals to remit payments with re- tered into under this Act such terms and condi- Act shall be in accordance with all Federal con- spect to loans provided to such professionals tions as the Secretary considers necessary or ap- tracting laws and regulations, except that, in under any Federal loan program. propriate to ensure that the objectives of such the discretion of the Secretary, such contracts ‘‘(f) RESTRICTION ON USE OF GRANT AND CON- grant or contract are achieved. may be negotiated without advertising and may TRACT FUNDS.—The Secretary may not make a ‘‘(b) PERIODIC REVIEW.—The Secretary shall be exempted from the provisions of the Act of grant to, or enter into a contract with, an entity periodically evaluate the performance of, and August 24, 1935 (40 U.S.C. 270a et seq.). under subsection (a) unless the entity agrees compliance with, grants and contracts under ‘‘(5) PAYMENTS.—Payments made under any that amounts received under such grant or con- this Act. contract entered into under this Act may be tract will not, directly or through contract, be ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—The made in advance, by means of reimbursement, or expended— Secretary may not make a grant or enter into a in installments and shall be made on such con- ‘‘(1) for any services other than the services contract under this Act with an entity unless ditions as the Secretary deems necessary to described in subsection (c)(1); or the entity— carry out the purposes of this Act.

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‘‘(e) REPORT.— facilities similarly designated by the United Federal Government personal or real property ‘‘(1) IN GENERAL.—For each fiscal year during States Public Health Service in the State of Ha- for donation to organizations that receive con- which an entity receives or expends funds pur- waii; or tracts or grants under this Act if the Secretary suant to a grant or contract under this Act, ‘‘(iii) a geographical area, facility, or organi- determines that the property is appropriate for such entity shall submit to the Secretary and to zation that serves a significant Native Hawaiian the use by the organization for the purpose for Papa Ola Lokahi an annual report— population; which a contract or grant is authorized under ‘‘(A) on the activities conducted by the entity ‘‘(D) the scholarship’s placement service shall this Act. under the grant or contract; assign Native Hawaiian scholarship recipients ‘‘SEC. 14. DEMONSTRATION PROJECTS OF NA- ‘‘(B) on the amounts and purposes for which to appropriate sites for service. TIONAL SIGNIFICANCE. Federal funds were expended; and ‘‘(E) the provision of counseling, retention ‘‘(a) AUTHORITY AND AREAS OF INTEREST.— ‘‘(C) containing such other information as the and other support services shall not be limited to The Secretary, in consultation with Papa Ola Secretary may request. scholarship recipients, but shall also include re- Lokahi, may allocate amounts appropriated ‘‘(2) AUDITS.—The reports and records of any cipients of other scholarship and financial aid under this Act, or any other Act, to carry out entity concerning any grant or contract under programs enrolled in appropriate health profes- Native Hawaiian demonstration projects of na- this Act shall be subject to audit by the Sec- sions training programs. tional significance. The areas of interest of such retary, the Inspector General of the Department ‘‘(F) financial assistance may be provided to projects may include— of Health and Human Services, and the Comp- scholarship recipients in those health profes- ‘‘(1) the development of a centralized database troller General of the United States. sions designated in such section 338A of the and information system relating to the health ‘‘(f) ANNUAL PRIVATE AUDIT.—The Secretary Public Health Service Act while they are ful- care status, health care needs, and wellness of shall allow as a cost of any grant made or con- filling their service requirement in any one of Native Hawaiians; tract entered into under this Act the cost of an the Native Hawaiian health care systems or ‘‘(2) the education of health professionals, annual private audit conducted by a certified community health centers. and other individuals in institutions of higher public accountant. ‘‘(2) FELLOWSHIPS.—Financial assistance learning, in health and allied health programs ‘‘SEC. 10. ASSIGNMENT OF PERSONNEL. through fellowships may be provided to Native in healing practices, including Native Hawaiian ‘‘(a) IN GENERAL.—The Secretary may enter Hawaiian community health representatives, healing practices; into an agreement with any entity under which outreach workers, and health program adminis- ‘‘(3) the integration of Western medicine with the Secretary may assign personnel of the De- trators in professional training programs, and to complementary healing practices including tra- partment of Health and Human Services with Native Hawaiians in certificated programs pro- ditional Native Hawaiian healing practices; expertise identified by such entity to such entity vided by traditional Native Hawaiian healers in ‘‘(4) the use of tele-wellness and telecommuni- on detail for the purposes of providing com- any of the traditional Native Hawaiian healing cations in chronic disease management and prehensive health promotion and disease pre- practices including lomi-lomi, la‘au lapa‘au, health promotion and disease prevention; vention services to Native Hawaiians. and ho‘oponopono. Such assistance may include ‘‘(5) the development of appropriate models of ‘‘(b) APPLICABLE FEDERAL PERSONNEL PROVI- a stipend or reimbursement for costs associated health care for Native Hawaiians and other in- SIONS.—Any assignment of personnel made by with participation in the program. digenous peoples including the provision of cul- the Secretary under any agreement entered into ‘‘(3) RIGHTS AND BENEFITS.—Scholarship re- turally competent health services, related activi- under subsection (a) shall be treated as an as- cipients in health professions designated in sec- ties focusing on wellness concepts, the develop- signment of Federal personnel to a local govern- tion 338A of the Public Health Service Act while ment of appropriate kupuna care programs, and ment that is made in accordance with sub- fulfilling their service requirements shall have the development of financial mechanisms and chapter VI of chapter 33 of title 5, United States all the same rights and benefits of members of collaborative relationships leading to universal Code. the National Health Service Corps during their access to health care; and ‘‘SEC. 11. NATIVE HAWAIIAN HEALTH SCHOLAR- period of service. ‘‘(6) the establishment of a Native Hawaiian SHIPS AND FELLOWSHIPS. ‘‘(4) NO INCLUSION OF ASSISTANCE IN GROSS IN- Center of Excellence for Nursing at the Univer- ‘‘(a) ELIGIBILITY.—Subject to the availability COME.—Financial assistance provided under sity of Hawaii at Hilo, a Native Hawaiian Cen- of amounts appropriated under subsection (c), section 11 shall be deemed ‘Qualified Scholar- ter of Excellence for Mental Health at the Uni- the Secretary shall provide funds through a di- ships’ for purposes of the section amended by versity of Hawaii at Manoa, a Native Hawaiian rect grant or a cooperative agreement to Kame- section 123(a) of Public Law 99–514, as amended. Center of Excellence for Maternal Health and hameha Schools or another Native Hawaiian or- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Nutrition at the Waimanalo Health Center, and ganization or health care organization with ex- There is authorized to be appropriated such a Native Hawaiian Center of Excellence for Re- perience in the administration of educational sums as may be necessary for each of fiscal search, Training, Integrated Medicine at scholarships or placement services for the pur- years 2001 through 2011 for the purpose of fund- Molokai General Hospital and a Native Hawai- pose of providing scholarship assistance to stu- ing the scholarship assistance program under ian Center of Excellence for Complimentary dents who— subsection (a) and fellowship assistance under Health and Health Education and Training at ‘‘(1) meet the requirements of section 338A of subsection (c)(2). the Waianae Coast Comprehensive Health Cen- the Public Health Service Act, except for assist- ‘‘SEC. 12. REPORT. ter. ‘‘(b) NONREDUCTION IN OTHER FUNDING.—The ance as provided for under subsection (b)(2); ‘‘The President shall, at the time the budget is allocation of funds for demonstration projects and submitted under section 1105 of title 31, United ‘‘(2) are Native Hawaiians. under subsection (a) shall not result in a reduc- States Code, for each fiscal year transmit to ‘‘(b) PRIORITY.—A priority for scholarships tion in funds required by the Native Hawaiian Congress a report on the progress made in meet- under subsection (a) may be provided to employ- health care systems, the Native Hawaiian ing the objectives of this Act, including a review ees of the Native Hawaiian Health Care Systems Health Centers, the Native Hawaiian Health of programs established or assisted pursuant to and the Native Hawaiian Health Centers. Scholarship Program, or Papa Ola Lokahi to this Act and an assessment and recommenda- ‘‘(c) TERMS AND CONDITIONS.— carry out their respective responsibilities under tions of additional programs or additional as- ‘‘(1) IN GENERAL.—The scholarship assistance this Act. sistance necessary to, at a minimum, provide under subsection (a) shall be provided under the ‘‘SEC. 15. NATIONAL BIPARTISAN COMMISSION ON same terms and subject to the same conditions, health services to Native Hawaiians, and ensure a health status for Native Hawaiians, which are NATIVE HAWAIIAN HEALTH CARE EN- regulations, and rules as apply to scholarship TITLEMENT. at a parity with the health services available to, assistance provided under section 338A of the ‘‘(a) ESTABLISHMENT.—There is hereby estab- and the health status of, the general popu- Public Health Service Act (except as provided lished a National Bipartisan Native Hawaiian lation. for in paragraph (2)), except that— Health Care Entitlement Commission (referred to ‘‘(A) the provision of scholarships in each ‘‘SEC. 13. USE OF FEDERAL GOVERNMENT FACILI- in this Act as the ‘Commission’). TIES AND SOURCES OF SUPPLY. type of health care profession training shall cor- ‘‘(b) MEMBERSHIP.—The Commission shall be respond to the need for each type of health care ‘‘(a) IN GENERAL.—The Secretary shall permit composed of 21 members to be appointed as fol- professional to serve the Native Hawaiian com- organizations that receive contracts or grants lows: munity as identified by Papa Ola Lokahi; under this Act, in carrying out such contracts ‘‘(1) CONGRESSIONAL MEMBERS.— ‘‘(B) to the maximum extent practicable, the or grants, to use existing facilities and all equip- ‘‘(A) APPOINTMENT.—Eight members of the Secretary shall select scholarship recipients from ment therein or under the jurisdiction of the Commission shall be members of Congress, of a list of eligible applicants submitted by the Ka- Secretary under such terms and conditions as which— mehameha Schools or the Native Hawaiian or- may be agreed upon for the use and mainte- ‘‘(i) two members shall be from the House of ganization administering the program; nance of such facilities or equipment. Representatives and shall be appointed by the ‘‘(C) the obligated service requirement for ‘‘(b) DONATION OF PROPERTY.—The Secretary Majority Leader; each scholarship recipient (except for those re- may donate to organizations that receive con- ‘‘(ii) two members shall be from the House of ceiving assistance under paragraph (2)) shall be tracts or grants under this Act any personal or Representatives and shall be appointed by the fulfilled through service, in order of priority, real property determined to be in excess of the Minority Leader; in— needs of the Department or the General Services ‘‘(iii) two members shall be from the Senate ‘‘(i) any one of the Native Hawaiian health Administration for purposes of carrying out and shall be appointed by the Majority Leader; care systems or Native Hawaiian health centers; such contracts or grants. and ‘‘(ii) health professions shortage areas, medi- ‘‘(c) ACQUISITION OF SURPLUS PROPERTY.— ‘‘(iv) two members shall be from the Senate cally underserved areas, or geographic areas or The Secretary may acquire excess or surplus and shall be appointed by the Minority Leader.

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‘‘(B) RELEVANT COMMITTEE MEMBERSHIP.— and the cost and mechanisms for funding of the ‘‘(C) APPLICABILITY OF CIVIL SERVICE LAWS.— The members of the Commission appointed health services to be provided; The staff of the Commission shall be appointed under subparagraph (A) shall each be members ‘‘(C) determine the effect of the enactment of without regard to the provisions of title 5, of the committees of Congress that consider leg- such recommendations on the existing system of United States Code, governing appointments in islation affecting the provision of health care to delivery of health services for Native Hawaiians; the competitive service, and shall be paid with- Native Hawaiians and other Native Americans. ‘‘(D) determine the effect of a health service out regard to the provisions of chapter 51 and ‘‘(C) CHAIRPERSON.—The members of the Com- entitlement program for Native Hawaiian indi- subchapter III of chapter 53 of such title (relat- mission appointed under subparagraph (A) shall viduals on their self-determination and the rec- ing to classification and General Schedule pay elect the chairperson and vice-chairperson of onciliation of their relationship with the United rates). the Commission. States; ‘‘(D) EXPERTS AND CONSULTANTS.—With the ‘‘(2) HAWAIIAN HEALTH MEMBERS.—Eleven ‘‘(E) not later than 12 months after the date approval of the Commission, the executive direc- members of the Commission shall be appointed of the appointment of all members of the Com- tor may procure temporary and intermittent by Hawaiian health entities, of which— mission, make a written report of its findings services under section 3109(b) of title 5, United ‘‘(A) five members shall be appointed by the and recommendations to the Commission, which States Code. Native Hawaiian Health Care Systems; report shall include a statement of the minority ‘‘(E) FACILITIES.—The Administrator of the ‘‘(B) one member shall be appointed by the and majority position of the committee and General Services Administration shall locate Hawaii State Primary Care Association; which shall be disseminated, at a minimum, to suitable office space for the operations of the ‘‘(C) one member shall be appointed by Papa Native Hawaiian organizations and agencies Commission in Washington, D.C. and in the Ola Lokahi; and health organizations referred to in sub- State of Hawaii. The Washington, D.C. facilities ‘‘(D) one member shall be appointed by the section (b)(2) for comment to the Commission; shall serve as the headquarters of the Commis- Native Hawaiian Health Task Force; and sion while the Hawaii office shall serve a liaison ‘‘(E) one member shall be appointed by the Of- ‘‘(F) report regularly to the full Commission function. Both such offices shall include all nec- fice of Hawaiian Affairs; and regarding the findings and recommendations de- essary equipment and incidentals required for ‘‘(F) two members shall be appointed by the veloped by the committee in the course of car- the proper functioning of the Commission. Association of Hawaiian Civic Clubs and shall rying out its duties under this section. ‘‘(f) POWERS.— represent Native Hawaiian populations residing ‘‘(4) Not later than 18 months after the date of ‘‘(1) HEARINGS AND OTHER ACTIVITIES.—For in the continental United States. the appointment of all members of the Commis- purposes of carrying out its duties, the Commis- ‘‘(3) SECRETARIAL MEMBERS.—Two members of sion, submit a written report to Congress con- sion may hold such hearings and undertake the Commission shall be appointed by the Sec- taining a recommendation of policies and legis- such other activities as the Commission deter- retary and shall possess knowledge of Native lation to implement a policy that would estab- mines to be necessary to carry out its duties, ex- Hawaiian health concerns and wellness. lish a health care system for Native Hawaiians, cept that at least 8 hearings shall be held on ‘‘(c) TERMS.— grounded in their culture, and based on the de- each of the Hawaiian Islands and 3 hearings in ‘‘(1) IN GENERAL.—The members of the Com- livery of health services as an entitlement, to- the continental United States in areas where a mission shall serve for the life of the Commis- gether with a determination of the implications significant population of Native Hawaiians re- sion. of such an entitlement system on existing health side. Such hearings shall be held to solicit the ‘‘(2) INITIAL APPOINTMENT OF MEMBERS.—The care delivery systems for Native Hawaiians and views of Native Hawaiians regarding the deliv- members of the Commission shall be appointed their self-determination and the reconciliation ery of health care services to such individuals. under subsection (b)(1) not later than 90 days of their relationship with the United States. To constitute a hearing under this paragraph, after the date of enactment of this Act, and the ‘‘(e) ADMINISTRATIVE PROVISIONS.— at least 4 members of the Commission, including ‘‘(1) COMPENSATION AND EXPENSES.— remaining members of the Commission shall be at least 1 member of Congress, must be present. ‘‘(A) CONGRESSIONAL MEMBERS.—Each member appointed not later than 60 days after the date Hearings held by the study committee estab- of the Commission appointed under subsection on which the members are appointed under such lished under subsection (d)(3) may be counted (b)(1) shall not receive any additional com- subsection (b)(1). towards the number of hearings required under pensation, allowances, or benefits by reason of ‘‘(3) VACANCIES.—A vacancy in the member- this paragraph. their service on the Commission. Such members ship of the Commission shall be filled in the ‘‘(2) STUDIES BY THE GENERAL ACCOUNTING OF- shall receive travel expenses and per diem in manner in which the original appointment was FICE.—Upon the request of the Commission, the lieu of subsistence in accordance with sections made. Comptroller General shall conduct such studies 5702 and 5703 of title 5, United States Code. ‘‘(d) DUTIES OF THE COMMISSION.—The Com- or investigations as the Commission determines mission shall carry out the following duties and ‘‘(B) OTHER MEMBERS.—The members of the Commission appointed under paragraphs (2) to be necessary to carry out its duties. functions: ‘‘(3) COST ESTIMATES.— and (3) of subsection (b) shall, while serving on ‘‘(1) Review and analyze the recommendations ‘‘(A) IN GENERAL.—The Director of the Con- of the report of the study committee established the business of the Commission (including travel gressional Budget Office or the Chief Actuary of under paragraph (3). time), receive compensation at the per diem the Health Care Financing Administration, or ‘‘(2) Make recommendations to Congress for equivalent of the rate provided for individuals both, shall provide to the Commission, upon the the provision of health services to Native Ha- under level IV of the Executive Schedule under request of the Commission, such cost estimates waiian individuals as an entitlement, giving due section 5315 of title 5, United States Code, and as the Commission determines to be necessary to regard to the effects of a program on existing while serving away from their home or regular carry out its duties. health care delivery systems for Native Hawai- place of business, be allowed travel expenses, as ‘‘(B) REIMBURSEMENTS.—The Commission ians and the effect of such programs on self-de- authorized by the chairperson of the Commis- shall reimburse the Director of the Congres- termination and the reconciliation of their rela- sion. sional Budget Office for expenses relating to the ‘‘(C) OTHER PERSONNEL.—For purposes of tionship with the United States. employment in the office of the Director of such compensation (other than compensation of the ‘‘(3) Establish a study committee to be com- additional staff as may be necessary for the Di- members of the Commission) and employment posed of at least 10 members from the Commis- rector to comply with requests by the Commis- benefits, rights, and privileges, all personnel of sion, including 4 members of the members ap- sion under subparagraph (A). the Commission shall be treated as if they were pointed under subsection (b)(1), 5 of the mem- ‘‘(4) DETAIL OF FEDERAL EMPLOYEES.—Upon bers appointed under subsection (b)(2), and 1 of employees of the Senate. the request of the Commission, the head of any ‘‘(2) MEETINGS AND QUORUM.— the members appointed by the Secretary under Federal agency is authorized to detail, without ‘‘(A) MEETINGS.—The Commission shall meet subsection (b)(3), which shall— reimbursement, any of the personnel of such ‘‘(A) to the extent necessary to carry out its at the call of the chairperson. ‘‘(B) QUORUM.—A quorum of the Commission agency to the Commission to assist the Commis- duties, collect, compile, qualify, and analyze shall consist of not less than 12 members, of sion in carrying out its duties. Any such detail data necessary to understand the extent of Na- which— shall not interrupt or otherwise affect the civil tive Hawaiian needs with regard to the provi- ‘‘(i) not less than 4 of such members shall be service status or privileges of the Federal em- sion of health services, including holding hear- appointees under subsection (b)(1); ployees. ings and soliciting the views of Native Hawai- ‘‘(ii) not less than 7 of such members shall be ‘‘(5) TECHNICAL ASSISTANCE.—Upon the re- ians and Native Hawaiian organizations, and appointees under subsection (b)(2); and quest of the Commission, the head of any Fed- which may include authorizing and funding ‘‘(iii) not less than 1 of such members shall be eral agency shall provide such technical assist- feasibility studies of various models for all Na- an appointee under subsection (b)(3). ance to the Commission as the Commission de- tive Hawaiian beneficiaries and their families, ‘‘(3) DIRECTOR AND STAFF.— termines to be necessary to carry out its duties. including those that live in the continental ‘‘(A) EXECUTIVE DIRECTOR.—The members of ‘‘(6) USE OF MAILS.—The Commission may use United States; the Commission shall appoint an executive di- the United States mails in the same manner and ‘‘(B) make recommendations to the Commis- rector of the Commission. The executive director under the same conditions as Federal agencies sion for legislation that will provide for the cul- shall be paid the rate of basic pay equal to that and shall, for purposes of the frank, be consid- turally-competent and appropriate provision of under level V of the Executive Schedule under ered a commission of Congress as described in health services for Native Hawaiians as an enti- section 5316 of title 5, United States Code. section 3215 of title 39, United States Code. tlement, which shall, at a minimum, address ‘‘(B) STAFF.—With the approval of the Com- ‘‘(7) OBTAINING INFORMATION.—The Commis- issues of eligibility and benefits to be provided, mission, the executive director may appoint such sion may secure directly from any Federal agen- including recommendations regarding from personnel as the executive director deems appro- cy information necessary to enable the Commis- whom such health services are to be provided priate. sion to carry out its duties, if the information

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00111 Fmt 4624 Sfmt 6333 E:\CR\FM\A26SE6.021 pfrm02 PsN: S26PT1 S9326 CONGRESSIONAL RECORD — SENATE September 26, 2000 may be disclosed under section 552 of title 5, strongly support this legislation, which That bill was referred to the Com- United States Code. Upon request of the chair- will provide much needed dollars to the mittee on Finance, which has yet to person of the Commission, the head of such Nation’s overburdened abuse and ne- consider it. It is my hope that the Sen- agency shall furnish such information to the glect courts. We added to their burdens ate will take up and pass S. 2271 before Commission. ‘‘(8) SUPPORT SERVICES.—Upon the request of in 1997, by passing the Adoption and the end of this legislative session. the Commission, the Administrator of General Safe Families Act, ASFA, without pro- Many other important bills remain Services shall provide to the Commission on a viding adequate funding to assure ef- pending before this body as we head reimbursable basis such administrative support fective implementation. Courts nation- into the final weeks of the 106th Con- services as the Commission may request. wide are struggling to meet the accel- gress. I want to highlight one bill, ‘‘(9) PRINTING.—For purposes of costs relating erated timelines and other require- which I introduced with Senators to printing and binding, including the cost of ments of that legislation, which was DEWINE and ROBB this summer, and personnel detailed from the Government Print- intended to expedite the process of se- which the Judiciary Committee re- ing Office, the Commission shall be deemed to be ported by unanimous consent last a committee of Congress. curing safe, permanent, and loving ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— homes for abused and neglected chil- week. The Computer Crime Enforce- There is authorized to be appropriated such dren. ment Act, S. 1314, would authorize a $25 sums as may be necessary to carry out this sec- SANCA will help ease the pressure, million Department of Justice grant tion. The amount appropriated under this sub- by making available to State and local program to help states prevent and section shall not result in a reduction in any courts some Federal funding to assure prosecute computer crime. Grants other appropriation for health care or health timely court hearings and reduce the under our bipartisan bill may be used services for Native Hawaiians. case backlogs created by the ASFA. to provide education, training, and en- ‘‘SEC. 16. RULE OF CONSTRUCTION. Both the Conference of Chief Justices forcement programs for local law en- ‘‘Nothing in this Act shall be construed to re- and the Conference of State Court Ad- forcement officers and prosecutors in strict the authority of the State of Hawaii to li- ministrators have adopted resolutions the rapidly growing field of computer cense health practitioners. in support of SANCA. It is without criminal justice. Our legislation has ‘‘SEC. 17. COMPLIANCE WITH BUDGET ACT. doubt a good idea. been endorsed by the Information ‘‘Any new spending authority (described in subparagraph (A) of (B) of section 401(c)(2) of This legislation authorizes $10 mil- Technology Association of America the Congressional Budget Act of 1974 (2 U.S.C. lion over five years to assist state and and Fraternal Order of Police. I hope 651(c)(2) (A) or (B))) which is provided under local courts to develop and implement all Senators can join us in our bipar- this Act shall be effective for any fiscal year automated case tracking systems for tisan effort to provide our state and only to such extent or in such amounts as are abuse and neglect proceeding. It au- local partners in crime fighting with provided for in appropriation Acts. thorizes another $10 million to reduce the resources they need in the battle ‘‘SEC. 18. SEVERABILITY. existing backlogs of abuse and neglect against computer crime. ‘‘If any provision of this Act, or the applica- cases, plus $5 million to expand the I commend Senator DEWINE and Sen- tion of any such provision to any person or cir- Court-Appointed Special Advocate, ator ROCKEFELLER for their leadership cumstances is held to be invalid, the remainder CASA, program in underserved areas. on the SANCA legislation and urge its of this Act, and the application of such provi- sion or amendment to persons or circumstances That is a total of $25 million that speedy passage into law. other than those to which it is held invalid, would help address a very real problem AMENDMENT NO. 4209 shall not be affected thereby.’’. that we in Congress helped to create. Mr. GORTON. Senator DEWINE has In my own State of Vermont, the Mr. GORTON. Mr. President, I ask an amendment at the desk. I ask for its courts are committed to implementing unanimous consent the committee sub- immediate consideration. the ASFA and reducing the amount of stitute be agreed to, the bill be read a The PRESIDING OFFICER. The time spent by children in foster care third time and passed, the motion to clerk will report. settings. But they are having trouble The legislative clerk read as follows: reconsider be laid upon the table, and meeting the Federal law’s tight dead- any statements relating to the bill be The Senator from Washington [Mr. GOR- lines and procedural requirements. TON], for Mr. DEWINE, proposes an amend- printed in the RECORD. My only concern with S. 2272 is the ment numbered 4209. The PRESIDING OFFICER. Without competitive grant method that it The amendment is as follows: objection, it is so ordered. adopts for allocating grant money. By (Purpose: To extend the authorization of The committee amendment in the contrast, the model for S. 2272—the nature of a substitute was agreed to. appropriations for an additional year) Court Improvement Project, or CIP— On page 23, line 4, strike ‘‘fiscal year 2001’’ The bill (S. 1929), as amended, was allocates money by formula. Congress read the third time and passed. and insert ‘‘the period of fiscal years 2001 and created the CIP grant program in 1993, 2002’’. f to assist State courts in improving On page 24, line 13, strike ‘‘fiscal year 2001’’ their handling of child abuse and ne- and insert ‘‘the period of fiscal years 2001 and STRENGTHENING ABUSE AND glect cases. On an annual basis, each 2002’’. NEGLECT COURTS ACT OF 2000 State is awarded $85,000, and the re- Mr. GORTON. I ask unanimous con- Mr. GORTON. Mr. President, I ask mainder of the funds are distributed by sent the amendment be agreed to, the unanimous consent that the Senate formula based on the proportionate bill be read a third time and passed, now proceed to the consideration of population of children in the States. the motion to reconsider be laid upon Calendar No. 737, S. 2272. This has been a highly successful pro- the table, and any statements relating The PRESIDING OFFICER. The gram. States have combined CIP funds to the bill be printed in the RECORD. clerk will report the bill by title. with State and local dollars to make The PRESIDING OFFICER. Without The legislative clerk read as follows: sweeping changes in the way they han- objection, it is so ordered. A bill (S. 2272) to improve the administra- dle child abuse and neglect cases. The amendment (No. 4209) was agreed tive efficiency and effectiveness of the na- Under SANCA, State and local courts to. tion’s abuse and neglect courts and for other would compete against each other for a The bill (S. 2272), as amended, was purposes consistent with the Adoption and relatively small number of grants, and read the third time and passed, as fol- Safe Families Act of 1997. many will get no help at all, even if lows: There being no objection, the Senate their needs are great. I understand that S. 2272 proceeded to consider the bill. there is companion legislation, the Be it enacted by the Senate and House of Rep- f ‘‘Training and Knowledge Ensure Chil- resentatives of the United States of America in dren a Risk-Free Environment, TAKE Congress assembled, THE STRENGTHENING ABUSE AND CARE, Act,’’ S. 2271, which would au- SECTION 1. SHORT TITLE. NEGLECT COURTS ACT (SANCA) This Act may be cited as the ‘‘Strength- thorize increased assistance for every ening Abuse and Neglect Courts Act of 2000’’. Mr. LEAHY. Mr. President, I am State to help improve the quality and SEC. 2. FINDINGS. pleased that the Senate today is pass- availability of training for judges, at- Congress finds the following: ing S. 2272, the Strengthening Abuse torneys, and volunteers working in the (1) Under both Federal and State law, the and Neglect Courts Act, SANCA. I Nation’s abuse and neglect courts. courts play a crucial and essential role in

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.021 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9327 the Nation’s child welfare system and in en- (11) Volunteers who participate in court- (C) USE OF GRANTS.—Funds provided under suring safety, stability, and permanence for appointed special advocate (CASA) programs a grant made under this section may only be abused and neglected children under the su- play a vital role as the eyes and ears of abuse used for the purpose of developing, imple- pervision of that system. and neglect courts in proceedings conducted menting, or enhancing automated data col- (2) The Adoption and Safe Families Act of by, or under the supervision of, such courts lection and case-tracking systems for pro- 1997 (Public Law 105–89; 111 Stat. 2115) estab- and also bring increased public scrutiny of ceedings conducted by, or under the super- lishes explicitly for the first time in Federal the abuse and neglect court system. The Na- vision of, an abuse and neglect court. law that a child’s health and safety must be tion’s abuse and neglect courts would benefit (b) APPLICATION.— the paramount consideration when any deci- from an expansion of this program to cur- (1) IN GENERAL.—A State court or local sion is made regarding a child in the Na- rently underserved communities. court may submit an application for a grant tion’s child welfare system. (12) Improved computerized case-tracking authorized under this section at such time (3) The Adoption and Safe Families Act of systems, comprehensive training, and devel- and in such manner as the Attorney General 1997 promotes stability and permanence for opment of, and education on, model abuse may determine. and neglect court systems, particularly with abused and neglected children by requiring (2) INFORMATION REQUIRED.—An application timely decision-making in proceedings to de- respect to underserved areas, would signifi- for a grant authorized under this section termine whether children can safely return cantly further the purposes of the Adoption shall contain the following: and Safe Families Act of 1997 by reducing the to their families or whether they should be (A) A description of a proposed plan for the average length of an abused and neglected moved into safe and stable adoptive homes development, implementation, and mainte- child’s stay in foster care, improving the or other permanent family arrangements nance of an automated data collection and quality of decision-making and court serv- outside the foster care system. case-tracking system for proceedings con- ices provided to children and families, and (4) To avoid unnecessary and lengthy stays ducted by, or under the supervision of, an increasing the number of adoptions. in the foster care system, the Adoption and abuse and neglect court, including a pro- Safe Families Act of 1997 specifically re- SEC. 3. DEFINITIONS. posed budget for the plan and a request for a In this Act: quires, among other things, that States specific funding amount. (a) ABUSE AND NEGLECT COURTS.—The term move to terminate the parental rights of the ‘‘abuse and neglect courts’’ means the State (B) A description of the extent to which parents of those children who have been in and local courts that carry out State or local such plan and system are able to be rep- foster care for 15 of the last 22 months. laws requiring proceedings (conducted by or licated in abuse and neglect courts of other (5) While essential to protect children and under the supervision of the courts)— jurisdictions that specifies the common case- to carry out the general purposes of the (1) that implement part B and part E of tracking data elements of the proposed sys- Adoption and Safe Families Act of 1997, the title IV of the Social Security Act (42 U.S.C. tem, including, at a minimum— accelerated timelines for the termination of 620 et seq.; 670 et seq.) (including preliminary (i) identification of relevant judges, court, parental rights and the other requirements disposition of such proceedings); and agency personnel; imposed under that Act increase the pressure (2) that determine whether a child was (ii) records of all court proceedings with on the Nation’s already overburdened abuse abused or neglected; regard to the abuse and neglect case, includ- and neglect courts. (3) that determine the advisability or ap- ing all court findings and orders (oral and (6) The administrative efficiency and effec- propriateness of placement in a family foster written); and tiveness of the Nation’s abuse and neglect home, group home, or a special residential (iii) relevant information about the subject courts would be substantially improved by care facility; or child, including family information and the the acquisition and implementation of com- (4) that determine any other legal disposi- reason for court supervision. puterized case-tracking systems to identify tion of a child in the abuse and neglect court (C) In the case of an application submitted and eliminate existing backlogs, to move system. by a local court, a description of how the abuse and neglect caseloads forward in a (b) AGENCY ATTORNEY.—The term ‘‘agency plan to implement the proposed system was timely manner, and to move children into attorney’’ means an attorney or other indi- developed in consultation with related State safe and stable families. Such systems could vidual, including any government attorney, courts, particularly with regard to a State also be used to evaluate the effectiveness of district attorney, attorney general, State at- court improvement plan funded under sec- such courts in meeting the purposes of the torney, county attorney, city solicitor or at- tion 13712 of the Omnibus Budget Reconcili- amendments made by, and provisions of, the torney, corporation counsel, or privately re- ation Act of 1993 (42 U.S.C. 670 note) if there Adoption and Safe Families Act of 1997. tained special prosecutor, who represents the is such a plan in the State. (7) The administrative efficiency and effec- State or local agency administrating the (D) In the case of an application that is tiveness of the Nation’s abuse and neglect programs under parts B and E of title IV of submitted by a State court, a description of courts would also be improved by the identi- the Social Security Act (42 U.S.C. 620 et seq.; how the proposed system will integrate with fication and implementation of projects de- 670 et seq.) in a proceeding conducted by, or a State court improvement plan funded signed to eliminate the backlog of abuse and under the supervision of, an abuse and ne- under section 13712 of such Act if there is neglect cases, including the temporary hir- glect court, including a proceeding for termi- such a plan in the State. ing of additional judges, extension of court nation of parental rights. (E) After consultation with the State agen- hours, and other projects designed to reduce SEC. 4. GRANTS TO STATE COURTS AND LOCAL cy responsible for the administration of existing caseloads. COURTS TO AUTOMATE THE DATA parts B and E of title IV of the Social Secu- (8) The administrative efficiency and effec- COLLECTION AND TRACKING OF rity Act (42 U.S.C. 620 et seq.; 670 et seq.)— PROCEEDINGS IN ABUSE AND NE- tiveness of the Nation’s abuse and neglect GLECT COURTS. (i) a description of the coordination of the courts would be further strengthened by im- (a) AUTHORITY TO AWARD GRANTS.— proposed system with other child welfare proving the quality and availability of train- (1) IN GENERAL.—Subject to paragraph (2), data collection systems, including the State- ing for judges, court personnel, agency attor- the Attorney General, acting through the Of- wide automated child welfare information neys, guardians ad litem, volunteers who fice of Juvenile Justice and Delinquency system (SACWIS) and the adoption and fos- participate in court-appointed special advo- Prevention of the Office of Justice Programs, ter care analysis and reporting system cate (CASA) programs, and attorneys who shall award grants in accordance with this (AFCARS) established pursuant to section represent the children and the parents of section to State courts and local courts for 479 of the Social Security Act (42 U.S.C. 679); children in abuse and neglect proceedings. the purposes of— and (9) While recognizing that abuse and ne- (A) enabling such courts to develop and im- (ii) an assurance that such coordination glect courts in this country are already com- plement automated data collection and case- will be implemented and maintained. mitted to the quality administration of jus- tracking systems for proceedings conducted (F) Identification of an independent third tice, the performance of such courts would by, or under the supervision of, an abuse and party that will conduct ongoing evaluations be even further enhanced by the development neglect court; of the feasibility and implementation of the of models and educational opportunities that (B) encouraging the replication of such plan and system and a description of the reinforce court projects that have already systems in abuse and neglect courts in other plan for conducting such evaluations. been developed, including models for case- jurisdictions; and (G) A description or identification of a pro- flow procedures, case management, represen- (C) requiring the use of such systems to posed funding source for completion of the tation of children, automated interagency evaluate a court’s performance in imple- plan (if applicable) and maintenance of the interfaces, and ‘‘best practices’’ standards. menting the requirements of parts B and E system after the conclusion of the period for (10) Judges, magistrates, commissioners, of title IV of the Social Security Act (42 which the grant is to be awarded. and other judicial officers play a central and U.S.C. 620 et seq.; 670 et seq.). (H) An assurance that any contract en- vital role in ensuring that proceedings in our (2) LIMITATIONS.— tered into between the State court or local Nation’s abuse and neglect courts are run ef- (A) NUMBER OF GRANTS.—Not less than 20 court and any other entity that is to provide ficiently and effectively. The performance of nor more than 50 grants may be awarded services for the development, implementa- those individuals in such courts can only be under this section. tion, or maintenance of the system under the further enhanced by training, seminars, and (B) PER STATE LIMITATION.—Not more than proposed plan will require the entity to an ongoing opportunity to exchange ideas 2 grants authorized under this section may agree to allow for replication of the services with their peers. be awarded per State. provided, the plan, and the system, and to

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.024 pfrm02 PsN: S26PT1 S9328 CONGRESSIONAL RECORD — SENATE September 26, 2000 refrain from asserting any proprietary inter- the grant to carry out the development, im- submitted in accordance with subparagraph est in such services for purposes of allowing plementation, and maintenance of the auto- (B), the Attorney General shall submit to the plan and system to be replicated in an- mated data collection and case-tracking sys- Congress interim reports on the grants made other jurisdiction. tem under the proposed plan. under this section. (I) An assurance that the system estab- (B) WAIVER FOR HARDSHIP.—The Attorney (B) FINAL REPORT.—Not later than 90 days lished under the plan will provide data that General may waive or modify the matching after the termination of all grants awarded allows for evaluation (at least on an annual requirement described in subparagraph (A) in under this section, the Attorney General basis) of the following information: the case of any State court or local court shall submit to Congress a final report evalu- (i) The total number of cases that are filed that the Attorney General determines would ating the automated data collection and in the abuse and neglect court. suffer undue hardship as a result of being case-tracking systems funded under such (ii) The number of cases assigned to each subject to the requirement. grants and identifying successful models of judge who presides over the abuse and ne- (C) NON-FEDERAL EXPENDITURES.— such systems that are suitable for replica- glect court. (i) CASH OR IN KIND.—State court or local tion in other jurisdictions. The Attorney (iii) The average length of stay of children court expenditures required under subpara- General shall ensure that a copy of such in foster care. graph (A) may be in cash or in kind, fairly final report is transmitted to the highest (iv) With respect to each child under the evaluated, including plant, equipment, or State court in each State. jurisdiction of the court— services. (g) AUTHORIZATION OF APPROPRIATIONS.— (I) the number of episodes of placement in (ii) NO CREDIT FOR PRE-AWARD EXPENDI- There is authorized to be appropriated to foster care; TURES.—Only State court or local court ex- carry out this section, $10,000,000 for the pe- (II) the number of days placed in foster penditures made after a grant has been riod of fiscal years 2001 through 2005. care and the type of placement (foster family awarded under this section may be counted SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS home, group home, or special residential for purposes of determining whether the OF ABUSE AND NEGLECT CASES TO care facility); State court or local court has satisfied the PROMOTE PERMANENCY FOR (III) the number of days of in-home super- matching expenditure requirement under ABUSED AND NEGLECTED CHIL- vision; and subparagraph (A). DREN. (IV) the number of separate foster care (2) NOTIFICATION TO STATE OR APPROPRIATE (a) AUTHORITY TO AWARD GRANTS.—The At- torney General, acting through the Office of placements. CHILD WELFARE AGENCY.—No application for a (v) The number of adoptions, grant authorized under this section may be Juvenile Justice and Delinquency Preven- guardianships, or other permanent disposi- approved unless the State court or local tion of the Office of Justice Programs and in collaboration with the Secretary of Health tions finalized. court submitting the application dem- and Human Services, shall award grants in (vi) The number of terminations of paren- onstrates to the satisfaction of the Attorney accordance with this section to State courts tal rights. General that the court has provided the and local courts for the purposes of— (vii) The number of child abuse and neglect State, in the case of a State court, or the ap- (1) promoting the permanency goals estab- proceedings closed that had been pending for propriate child welfare agency, in the case of lished in the Adoption and Safe Families Act 2 or more years. a local court, with notice of the contents and of 1997 (Public Law 105–89; 111 Stat. 2115); and (viii) With respect to each proceeding con- submission of the application. (2) enabling such courts to reduce existing ducted by, or under the supervision of, an (3) CONSIDERATIONS.—In evaluating an ap- backlogs of cases pending in abuse and ne- abuse and neglect court— plication for a grant under this section the glect courts, especially with respect to cases (I) the timeliness of each stage of the pro- Attorney General shall consider the fol- to terminate parental rights and cases in ceeding from initial filing through legal fi- lowing: which parental rights to a child have been nalization of a permanency plan (for both (A) The extent to which the system pro- terminated but an adoption of the child has contested and uncontested hearings); posed in the application may be replicated in not yet been finalized. (II) the number of adjournments, delays, other jurisdictions. (b) APPLICATION.—A State court or local and continuances occurring during the pro- (B) The extent to which the proposed sys- ceeding, including identification of the party court shall submit an application for a grant tem is consistent with the provisions of, and under this section, in such form and manner requesting each adjournment, delay, or con- amendments made by, the Adoption and Safe tinuance and the reasons given for the re- as the Attorney General shall require, that Families Act of 1997 (Public Law 105–89; 111 contains a description of the following: quest; Stat. 2115), and parts B and E of title IV of (III) the number of courts that conduct or (1) The barriers to achieving the perma- the Social Security Act (42 U.S.C. 620 et seq.; nency goals established in the Adoption and supervise the proceeding for the duration of 670 et seq.). the abuse and neglect case; Safe Families Act of 1997 that have been (C) The extent to which the proposed sys- identified. (IV) the number of judges assigned to the tem is feasible and likely to achieve the pur- proceeding for the duration of the abuse and (2) The size and nature of the backlogs of poses described in subsection (a)(1). children awaiting termination of parental neglect case; and (4) DIVERSITY OF AWARDS.—The Attorney (V) the number of agency attorneys, chil- rights or finalization of adoption. General shall award grants under this sec- (3) The strategies the State court or local dren’s attorneys, parent’s attorneys, guard- tion in a manner that results in a reasonable ians ad litem, and volunteers participating court proposes to use to reduce such back- balance among grants awarded to State logs and the plan and timetable for doing so. in a court-appointed special advocate courts and grants awarded to local courts, (CASA) program assigned to the proceeding (4) How the grant funds requested will be grants awarded to courts located in urban used to assist the implementation of the during the duration of the abuse and neglect areas and courts located in rural areas, and case. strategies described in paragraph (3). grants awarded in diverse geographical loca- (c) USE OF FUNDS.—Funds provided under a (J) A description of how the proposed sys- tions. grant awarded under this section may be tem will reduce the need for paper files and (d) LENGTH OF AWARDS.—No grant may be used for any purpose that the Attorney Gen- ensure prompt action so that cases are ap- awarded under this section for a period of eral determines is likely to successfully propriately listed with national and regional more than 5 years. achieve the purposes described in subsection adoption exchanges, and public and private (e) AVAILABILITY OF FUNDS.—Funds pro- (a), including temporarily— adoption services. vided to a State court or local court under a (1) establishing night court sessions for (K) An assurance that the data collected in grant awarded under this section shall re- abuse and neglect courts; accordance with subparagraph (I) will be main available until expended without fiscal (2) hiring additional judges, magistrates, made available to relevant Federal, State, year limitation. commissioners, hearing officers, referees, (f) REPORTS.— and local government agencies and to the special masters, and other judicial personnel (1) ANNUAL REPORT FROM GRANTEES.—Each public. for such courts; State court or local court that is awarded a (L) An assurance that the proposed system (3) hiring personnel such as clerks, admin- grant under this section shall submit an an- is consistent with other civil and criminal istrative support staff, case managers, medi- nual report to the Attorney General that information requirements of the Federal ators, and attorneys for such courts; or contains— government. (4) extending the operating hours of such (A) a description of the ongoing results of (M) An assurance that the proposed system courts. the independent evaluation of the plan for, will provide notice of timeframes required (d) NUMBER OF GRANTS.—Not less than 15 under the Adoption and Safe Families Act of and implementation of, the automated data nor more than 20 grants shall be awarded 1997 (Public Law 105–89; 111 Stat. 2115) for in- collection and case-tracking system funded under this section. dividual cases to ensure prompt attention under the grant; and (e) AVAILABILITY OF FUNDS.—Funds award- and compliance with such requirements. (B) the information described in subsection ed under a grant made under this section (c) CONDITIONS FOR APPROVAL OF APPLICA- (b)(2)(I). shall remain available for expenditure by a TIONS.— (2) INTERIM AND FINAL REPORTS FROM AT- grantee for a period not to exceed 3 years (1) MATCHING REQUIREMENT.— TORNEY GENERAL.— from the date of the grant award. (A) IN GENERAL.—A State court or local (A) INTERIM REPORTS.—Beginning 2 years (f) REPORT ON USE OF FUNDS.—Not later court awarded a grant under this section after the date of enactment of this Act, and than the date that is halfway through the pe- shall expend $1 for every $3 awarded under biannually thereafter until a final report is riod for which a grant is awarded under this

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A26SE6.024 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — SENATE S9329 section, and 90 days after the end of such pe- to strike all after the enacting clause ‘‘(B) that has resulted in functional impair- riod, a State court or local court awarded a and insert the part printed in italic. ment that substantially interferes with or limits grant under this section shall submit a re- SECTION 1. SHORT TITLE. 1 or more major life activities; and ‘‘(2) the term ‘preliminarily qualified offender port to the Attorney General that includes This Act may be cited as the ‘‘America’s Law with mental illness, mental retardation, or co- the following: Enforcement and Mental Health Project’’. (1) The barriers to the permanency goals occurring mental and substance abuse disorders’ established in the Adoption and Safe Fami- SEC. 2. FINDINGS. means a person who— lies Act of 1997 that are or have been ad- Congress finds that— ‘‘(A)(i) previously or currently has been diag- dressed with grant funds. (1) fully 16 percent of all inmates in State nosed by a qualified mental health professional (2) The nature of the backlogs of children prisons and local jails suffer from mental illness, as having a mental illness, mental retardation, that were pursued with grant funds. according to a July, 1999 report, conducted by or co-occurring mental illness and substance (3) The specific strategies used to reduce the Bureau of Justice Statistics; abuse disorders; or such backlogs. (2) between 600,000 and 700,000 mentally ill ‘‘(ii) manifests obvious signs of mental illness, (4) The progress that has been made in re- persons are annually booked in jail alone, ac- mental retardation, or co-occurring mental ill- ducing such backlogs, including the number cording to the American Jail Association; ness and substance abuse disorders during ar- (3) estimates say 25 to 40 percent of America’s of children in such backlogs— rest or confinement or before any court; and mentally ill will come into contact with the (A) whose parental rights have been termi- ‘‘(B) is deemed eligible by designated judges. criminal justice system, according to National nated; and ‘‘SEC. 2203. ADMINISTRATION. Alliance for the Mentally Ill; (B) whose adoptions have been finalized. (4) 75 percent of mentally ill inmates have ‘‘(a) CONSULTATION.—The Attorney General (5) Any additional information that the At- been sentenced to time in prison or jail or proba- shall consult with the Secretary of Health and torney General determines would assist ju- tion at least once prior to their current sentence, Human Services and any other appropriate offi- risdictions in achieving the permanency according to the Bureau of Justice Statistics in cials in carrying out this part. goals established in the Adoption and Safe ‘‘(b) USE OF COMPONENTS.—The Attorney July, 1999; and Families Act of 1997. (5) Broward County, Florida and King Coun- General may utilize any component or compo- (g) AUTHORIZATION OF APPROPRIATION.— ty, Washington, have created separate Mental nents of the Department of Justice in carrying There are authorized to be appropriated for Health Courts to place nonviolent mentally ill out this part. the period of fiscal years 2001 and 2002 ‘‘(c) REGULATORY AUTHORITY.—The Attorney offenders into judicially monitored in-patient $10,000,000 for the purpose of making grants General shall issue regulations and guidelines and out-patient mental health treatment pro- under this section. necessary to carry out this part which include, grams, where appropriate, with positive results. SEC. 6. GRANTS TO EXPAND THE COURT-AP- but are not limited to, the methodologies and SEC. 3. MENTAL HEALTH COURTS. POINTED SPECIAL ADVOCATE PRO- outcome measures proposed for evaluating each GRAM IN UNDERSERVED AREAS. (a) AMENDMENT.—Title I of the Omnibus applicant program. (a) GRANTS TO EXPAND CASA PROGRAMS IN Crime Control and Safe Streets Act of 1968 is ‘‘(d) APPLICATIONS.—In addition to any other UNDERSERVED AREAS.—The Administrator of amended by inserting after part U (42 U.S.C. requirements that may be specified by the Attor- the Office of Juvenile Justice and Delin- 3796hh et seq.) the following: ney General, an application for a grant under quency Prevention of the Department of Jus- ‘‘PART V—MENTAL HEALTH COURTS this part shall— tice shall make a grant to the National ‘‘SEC. 2201. GRANT AUTHORITY. ‘‘(1) include a long-term strategy and detailed Court-Appointed Special Advocate Associa- ‘‘The Attorney General shall make grants to implementation plan; tion for the purposes of— States, State courts, local courts, units of local ‘‘(2) explain the applicant’s inability to fund (1) expanding the recruitment of, and government, and Indian tribal governments, act- the program adequately without Federal assist- building the capacity of, court-appointed ing directly or through agreements with other ance; special advocate programs located in the 15 public or nonprofit entities, for not more than ‘‘(3) certify that the Federal support provided largest urban areas; 100 programs that involve— will be used to supplement, and not supplant, (2) developing regional, multijurisdictional ‘‘(1) continuing judicial supervision, including State, Indian tribal, and local sources of fund- court-appointed special advocate programs periodic review, over preliminarily qualified of- ing that would otherwise be available; serving rural areas; and fenders with mental illness, mental retardation, ‘‘(4) identify related governmental or commu- (3) providing training and supervision of or co-occurring mental illness and substance nity initiatives which complement or will be co- volunteers in court-appointed special advo- abuse disorders, who are charged with mis- ordinated with the proposal; cate programs. demeanors or nonviolent offenses; and ‘‘(5) certify that there has been appropriate (b) LIMITATION ON ADMINISTRATIVE EXPEND- ‘‘(2) the coordinated delivery of services, consultation with all affected agencies and that ITURES.—Not more than 5 percent of the which includes— there will be appropriate coordination with all grant made under this subsection may be ‘‘(A) specialized training of law enforcement affected agencies in the implementation of the used for administrative expenditures. and judicial personnel to identify and address program, including the State mental health au- (c) DETERMINATION OF URBAN AND RURAL the unique needs of a mentally ill or mentally thority; AREAS.—For purposes of administering the retarded offender; ‘‘(6) certify that participating offenders will grant authorized under this subsection, the ‘‘(B) voluntary outpatient or inpatient mental be supervised by one or more designated judges Administrator of the Office of Juvenile Jus- health treatment, in the least restrictive manner with responsibility for the mental health court tice and Delinquency Prevention of the De- appropriate, as determined by the court, that program; partment of Justice shall determine whether carries with it the possibility of dismissal of ‘‘(7) specify plans for obtaining necessary sup- an area is one of the 15 largest urban areas charges or reduced sentencing upon successful port and continuing the proposed program fol- or a rural area in accordance with the prac- completion of treatment; lowing the conclusion of Federal support; tices of, and statistical information com- ‘‘(C) centralized case management involving ‘‘(8) describe the methodology and outcome piled by, the Bureau of the Census. the consolidation of all of a mentally ill or men- measures that will be used in evaluating the (d) AUTHORIZATION OF APPROPRIATIONS.— tally retarded defendant’s cases, including vio- program; and There is authorized to be appropriated to lations of probation, and the coordination of all ‘‘(9) certify that participating first time of- make the grant authorized under this sec- mental health treatment plans and social serv- fenders without a history of a mental illness will tion, $5,000,000 for the period of fiscal years ices, including life skills training, such as hous- receive a mental health evaluation. 2001 and 2002. ing placement, vocational training, education, ‘‘SEC. 2204. APPLICATIONS. f job placement, health care, and relapse preven- ‘‘To request funds under this part, the chief tion for each participant who requires such executive or the chief justice of a State or the AMERICA’S LAW ENFORCEMENT services; and chief executive or chief judge of a unit of local AND MENTAL HEALTH PROJECT ‘‘(D) continuing supervision of treatment plan government or Indian tribal government shall Mr. GORTON. Mr. President, I ask compliance for a term not to exceed the max- submit to the Attorney General an application in such form and containing such information unanimous consent the Senate now imum allowable sentence or probation for the charged or relevant offense and, to the extent as the Attorney General may reasonably re- proceed to the immediate consider- practicable, continuity of psychiatric care at the quire. ation of Calendar No. 734, S. 1865. end of the supervised period. ‘‘SEC. 2205. FEDERAL SHARE. The PRESIDING OFFICER. The ‘‘SEC. 2202. DEFINITIONS. ‘‘The Federal share of a grant made under clerk will report the bill by title. ‘‘In this part— this part may not exceed 75 percent of the total The legislative clerk read as follows: ‘‘(1) the term ‘mental illness’ means a costs of the program described in the application A bill (S. 1865) to provide grants to estab- diagnosable mental, behavioral, or emotional submitted under section 2204 for the fiscal year lish demonstration mental health courts. disorder— for which the program receives assistance under ‘‘(A) of sufficient duration to meet diagnostic this part, unless the Attorney General waives, There being no objection, the Senate criteria within the most recent edition of the Di- wholly or in part, the requirement of a matching proceeded to consider the bill which agnostic and Statistical Manual of Mental Dis- contribution under this section. The use of the had been reported from the Committee orders published by the American Psychiatric Federal share of a grant made under this part on the Judiciary, with an amendment Association; and shall be limited to new expenses necessitated by

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00115 Fmt 4624 Sfmt 6333 E:\CR\FM\A26SE6.024 pfrm02 PsN: S26PT1 S9330 CONGRESSIONAL RECORD — SENATE September 26, 2000 the proposed program, including the develop- Mr. GORTON. I ask unanimous con- fore, cloture votes will occur later this ment of treatment services and the hiring and sent the committee substitute be week. training of personnel. In-kind contributions agreed to, the bill be read a third time may constitute a portion of the non-Federal and passed, the motion to reconsider be f share of a grant. laid upon the table and any statements ‘‘SEC. 2206. GEOGRAPHIC DISTRIBUTION. relating to the bill be printed in the ‘‘The Attorney General shall ensure that, to RECESS UNTIL 9:30 A.M. the extent practicable, an equitable geographic RECORD. TOMORROW distribution of grant awards is made that con- The PRESIDING OFFICER. Without objection, it is so ordered. Mr. GORTON. If there is no further siders the special needs of rural communities, business to come before the Senate, I Indian tribes, and Alaska Natives. The committee amendment in the nature of a substitute was agreed to. now ask unanimous consent the Senate ‘‘SEC. 2207. REPORT. stand in recess under the previous ‘‘A State, Indian tribal government, or unit of The bill (S. 1865), as amended, was local government that receives funds under this read the third time and passed. order. part during a fiscal year shall submit to the At- f There being no objection, the Senate, torney General a report in March of the fol- at 7:30 p.m., recessed until Wednesday, lowing year regarding the effectiveness of this ORDERS FOR WEDNESDAY, September 27, 2000, at 9:30 a.m. part. SEPTEMBER 27, 2000 f ‘‘SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, Mr. GORTON. Mr. President, I ask AND EVALUATION. unanimous consent that when the Sen- NOMINATIONS ‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.— The Attorney General may provide technical as- ate completes its business today, it re- Executive nominations received by sistance and training in furtherance of the pur- cess until the hour of 9:30 a.m. on the Senate September 26, 2000: poses of this part. Wednesday, September 27. I further ask FEDERAL INSURANCE TRUST FUNDS ‘‘(b) EVALUATIONS.—In addition to any eval- unanimous consent that on Wednesday, JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF uation requirements that may be prescribed for immediately following the prayer, the THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE grantees, the Attorney General may carry out or AND SURVIVORS INSURANCE TRUST FUND AND THE FED- Journal of proceedings be deemed ap- ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM make arrangements for evaluations of programs proved to date, the time for the two OF FOUR YEARS, VICE MARILYN MOON, TERM EXPIRED. that receive support under this part. leaders be reserved for their use later THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF ‘‘(c) ADMINISTRATION.—The technical assist- THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE in the day, and the Senate then begin a AND SURVIVORS INSURANCE TRUST FUND AND THE FED- ance, training, and evaluations authorized by ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM this section may be carried out directly by the period for morning business until 10:30 OF FOUR YEARS, VICE STEPHEN G. KELLISON, TERM EX- Attorney General, in collaboration with the Sec- a.m., with Senators permitted to speak PIRED. JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF retary of Health and Human Services, or for 5 minutes each with the following THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- through grants, contracts, or other cooperative exceptions: Senator MURKOWSKI, 20 MENTARY MEDICAL INSURANCE TRUST FUND FOR A arrangements with other entities.’’. TERM OF FOUR YEARS, VICE MARILYN MOON, TERM EX- minutes; Senator ROBB, 5 minutes; Sen- PIRED. (b) TECHNICAL AMENDMENT.—The table of ator HARKIN, 10 minutes; Senator THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF contents of title I of the Omnibus Crime Control THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- LEAHY, 15 minutes; Senator THOMAS or and Safe Streets Act of 1968 (42 U.S.C. 3711 et MENTARY MEDICAL INSURANCE TRUST FUND FOR A seq.), is amended by inserting after part U the his designee, 10 minutes. TERM OF FOUR YEARS, VICE STEPHEN G. KELLISON, The PRESIDING OFFICER. Without TERM EXPIRED. following: JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF objection, it is so ordered. THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL ‘‘PART V—MENTAL HEALTH COURTS f INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS, ‘‘Sec. 2201. Grant authority. VICE MARILYN MOON, TERM EXPIRED. THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF ‘‘Sec. 2202. Definitions. PROGRAM THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL ‘‘Sec. 2203. Administration. INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS, ‘‘Sec. 2204. Applications. Mr. GORTON. For the information of VICE STEPHEN G. KELLISON, TERM EXPIRED. ‘‘Sec. 2205. Federal share. all Senators, the Senate will be in a pe- FOREIGN SERVICE riod of morning business until 10:30 ‘‘Sec. 2206. Geographic distribution. JAMES F. DOBBINS, OF NEW YORK, A CAREER MEMBER ‘‘Sec. 2207. Report. a.m. tomorrow. Following morning OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- ‘‘Sec. 2208. Technical assistance, training, and business, the Senate is expected to re- COUNSELOR, TO BE AN ASSISTANT SECRETARY OF STATE (EUROPEAN AFFAIRS), VICE MARC GROSSMAN, evaluation.’’. sume the H–1B bill. Under a previous RESIGNED. (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- agreement, at 9:30 a.m. on Thursday UNITED STATES INSTITUTE OF PEACE tion 1001(a) of title I of the Omnibus Crime Con- there will be 7 hours of debate on the trol and Safe Streets Act of 1968 (42 U.S.C. BETTY F. BUMPERS, OF ARKANSAS, TO BE A MEMBER continuing resolution with a vote to OF THE BOARD OF DIRECTORS OF THE UNITED STATES 3793(a)) is amended by inserting after paragraph INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY (19) the following: occur on the use or yielding back of 19, 2001. (NEW POSITION) ‘‘(20) There are authorized to be appropriated time. BETTY F. BUMPERS, OF ARKANSAS, TO BE A MEMBER As a reminder, cloture motions were OF THE BOARD OF DIRECTORS OF THE UNITED STATES to carry out part V, $10,000,000 for each of fiscal INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY years 2001 through 2004.’’. filed today on the H–1B visa bill; there- 19, 2005. (REAPPOINTMENT)

VerDate 26-SEP-2000 03:44 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00116 Fmt 4624 Sfmt 9801 E:\CR\FM\A26SE6.022 pfrm02 PsN: S26PT1 September 26, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1591 EXTENSIONS OF REMARKS

HONORING THE COMMUNITY OF communities in the country. Pueblo has a spe- when he was filing more Freedom of Informa- PUEBLO cial place in my heart and it is more than de- tion Act lawsuits than any other publisher in serving of this distinguished recognition. Arkansas. He did not worry about the bottom HON. SCOTT McINNIS f line or journalism awards while directing the newspaper's coverage of the Westside Middle OF COLORADO TRIBUTE TO THE JONESBORO SUN IN THE HOUSE OF REPRESENTATIVES School shooting tragedy in March 1998. He made the tough calls without regard to over- Tuesday, September 26, 2000 HON. MARION BERRY time and newsprint costs. He made these de- Mr. MCINNIS. Mr. Speaker, it is with great OF ARKANSAS cisions because he is a newspaperman. pride that I now take this moment to recognize IN THE HOUSE OF REPRESENTATIVES Still, the Sun was the first runner-up for the the wonderful city of Pueblo, Colorado, a city Tuesday, September 26, 2000 Pulitzer Prize for its coverage of the Westside I am proud to represent in the U.S. House of shootings. Mr. BERRY. Mr. Speaker, today I pay trib- Due to technology, as well as the economic Representatives. Pueblo recently received na- ute to a great Arkansas institution, and I am tional attention when it was named one of the and estate tax conditions that exist today, it proud to recognize the Jonesboro Sun in the has become increasingly difficult for inde- Most Livable Communities in the United Congress for its invaluable contributions and States by Partners for Livable Communities, a pendent newspapers to survive. Yet the inde- service to our nation. pendent local paper is most often the con- non-profit organization committed to improving Family-owned, independent newspapers are science, face, and voice of the community. America's collective quality of life. part of a great, albeit vanishing, tradition that The conglomerates that now dominate the Pueblo has a storied past, a vibrant present, goes back to our nation's earliest days. and promising future, all of which make it most According to one recent study, independ- newspaper industry must now rise to the chal- deserving of this high honor. It is with this, Mr. ents' share of the daily newspaper circulation lenge to fill the void left by these disappearing Speaker, that I now pay tribute to Pueblo, Col- dropped from 90 percent in 1990 to 14 per- institutions. With this in mind, I was very pleased to orado, one of America's most livable cities. cent in 1998. Last year, it was projected that read the words of Fred Paxton, the chairman The beautiful city of Pueblo is located south half of America's family-owned dailiesÐwhich of the Paxton Media Group, which is assuming of Denver in the shadows of Colorado's number less than 300Ðwill be sold within the Sangre de Cristo Mountains. In 1886, four dis- responsibility for the Sun. next five years. ``As is the case with the Troutts, ours is a tinct towns were incorporated into one, form- On the morning of Saturday, September family-owned newspaper company,'' Paxton ing what is now the magnificent community of 2nd, Northeast Arkansas learned that the noted. ``As we have grown, we have sought to Pueblo. In the century since, the community Troutt family, owners of the Jonesboro Sun for combine the best elements of local family has played a major role in shaping Colorado's 99 of its 117 years, decided to sell the news- ownership with the advantages and operating character, be it socially, culturally, or economi- paper to the Paxton Media Group of Paducah, cally. efficiencies of a larger organization.'' Kentucky. The Sun is the regional newspaper ``We have a philosophy about the role a Early on, Pueblo was home to smelting serving a dozen counties in the First Congres- plants that helped refine ore extracted from newspaper should play in its community, but sional District of Arkansas. we rely on local managers to adapt that phi- surrounding mines. These plants fueled in The Jonesboro Sun is a mainstream news- losophy to each community in which we oper- large part the community's economic activity. paper that has always emphasized fair and ate. We believe a newspaper should be a re- Moreover, Pueblo also played a key part in thorough coverage of the day-to-day news that flection of the community it serves,'' Paxton the early national race to establish railroads affects the lives of eastern Arkansas residents. emphasized. ``Publishers and editors make the across Colorado's Rocky Mountains. Thanks A great newspaper should always serve as final decisions about news and editorial con- in large measure to these and other industrial the conscience of the area and the readers it tent, and virtually every key business decision activities, Pueblo rapidly became a booming serves. The Sun has played that vital role in economic hub. is made at the local level.'' the lives of many of our citizens. John Troutt, Jr., representing the third-gen- Pueblo's industrial muscle flourished in the The Sun is a great newspaper, not an enter- eration of the family directing the operations of many decades after its inception, until the tainment-driven publication that feeds on this the Jonesboro Sun, observed that the Paxton 1980's when an economic downturn crippled nation's cult of celebrity. The Troutt family op- Media Group is a fourth-generation family- the city's once burgeoning steel industry. erated the Sun more as a legacy than a busi- owned media company with more than a cen- Undeterred by tough times, community leaders ness. It has been a profitable business, but from all walks of life closed ranks, fighting to- tury of history in the newspaper industry. also an understated, integral part of the com- It is important that family newspapers sur- gether to restore Pueblo's civic strength and munity. vive, because I believe family ownership can economic vibrancy. Ultimately, this broad ``Independent'' means many things to many make a difference. But most importantly, I based local effort spurred a remarkable eco- people. The dictionary definition is ``free from hope we will always have newspapers like the nomic resurgence that continues even today. the control of others,'' but that is just part of Jonesboro Sun, with an independent spirit and Pueblo's vitality is displayed each year when its meaning when applied to an independent the courage to report the truth with fairness. the city hosts the Colorado State Fair, high- newspaper like the Jonesboro Sun. In the first Our democracy depends on it. lighting the diversity and strength of Colo- place, it is free from the control of a distant f rado's heritage. corporate headquarters when it comes to a Nothing better symbolizes that resurgence sensitive or controversial story that an influen- CONGRATULATING SAN LEANDRO than the Historic Arkansas Restoration project, tial person might seek to suppress. The Sun's FOR BEING CHOSEN TO PARTICI- a local effort to draw business activity along corporate headquarters has been contiguous PATE IN FEMA’S PROJECT IM- the refurbished banks of the Arkansas River to the newsroom, where management and PACT which cuts through the heart of Pueblo. On ownership is only a few steps away to make October 6, 2000, the landmark Riverwalk sure the facts are presented fairly. HON. FORTNEY PETE STARK Project will be dedicated. When it is, it will be Independent also means freedom from the OF CALIFORNIA a symbolic statement of Pueblo's economic influence of advertisers. An independent paper IN THE HOUSE OF REPRESENTATIVES and cultural re-awakening that continues to can choose to publish or not publish an article thrive in this new century. based on an objective evaluation of its Tuesday, September 26, 2000 Mr. Speaker, on behalf of the State of Colo- newsworthiness. This decision is made in the Mr. STARK. Mr. Speaker, I would like to rado and the U.S. Congress, I would like to newsroomÐnot in the advertising department. congratulate San Leandro, California for being congratulate this wonderful community on John Troutt, Jr. the Sun's editor and pub- chosen as a participant in FEMA's Project Im- being recognized as one of the most livable lisher, did not worry about the bottom line pact. San Leandro's hard work and dedication

∑ 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.

VerDate 112000 06:16 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A26SE8.000 pfrm04 PsN: E26PT1 E1592 CONGRESSIONAL RECORD — Extensions of Remarks September 26, 2000 to preventing natural disasters has given this Charles Trimble left the comfort and security Animas Fire Protection District, a volunteer city the opportunity to participate in this impor- of Hewlett-Packard, where he helped develop program that has worked to ensure safety in tant program that provides increased federal significant scientific achievements in signal Southern Colorado for nearly three decades. It resources for further disaster mitigation processing, high-speed analog-to-digital con- is the dedication and hard work from the projects. I would like to recognize the hard verters, and digital time measurement tech- members of the District that I would like to work on the part of the city of San Leandro to niques, to establish his own start-up company, congratulate as they celebrate their 30th Anni- make their community safer in the event of a Trimble Navigation. Once housed in an old, versary. natural disaster. reconstructed theater, Trimble Navigation now Unlike many fire protection programs, this Located at the apex of the two segments of has 23 offices in 15 countries and annual rev- one is primarily volunteer. It began in 1970 the Hayward Fault, San Leandro is at risk pri- enues that exceed $270 million. It was the first under the name Durango Fire with $12,000 marily from earthquakes, although the risk of publicly held company engaged solely in de- and under two dozens volunteers. In the time flood and other natural disasters is very real. veloping and distributing GPS solutions. His since, it has grown to encompass a $1.6 mil- Alameda County, in which San Leandro is lo- business acumen and success persuaded INC lion budget, using over 100 volunteers in 12 cated, has been declared a federal disaster Magazine to name him ``Entrepreneur of the different fire stations. area several times since 1950. This has in- Year'' in 1991. During the last three decades, through long cluded the Loma Prieta earthquake, two fires, During his 20-year tenure at Trimble Navi- hours and many perilous situations, the one freeze, and eleven floods. gation, Charles Trimble democratized the use Animas District has maintained an efficient Following the Loma Prieta earthquake, San of GPS technology, putting it into the hands of and effective program that guarantees rapid Leandro realized it needed to make a commit- different constituencies that have employed response and much needed protection from ment to disaster prevention. The San Leandro GPS products in ways not originally imagined. the harm of a fire. Whether it is fighting struc- City Council established a plan called the Trimble's GPS technology now accompanies ture fires within town or battling the blazes at Partnership for Preparedness Program that, pilots in the air, climbers on Mount Everest, nearby Mesa Verde National Park, the volun- along with other actions San Leandro has farmers in the Mid-West and merchants at teers of Animas Protection District have en- taken, helped lead to its designation as a sea. Trimble's products have increased the sured that there community is as safe as pos- Project Impact community. The hard work of accuracy of scientific research, hygrographic sible from one of Mother Nature's most dan- the local officials will provide San Leandro in- surveying and even golf course construction. gerous elements. creased federal resources to further protect Charles Trimble's ability to communicate his Volunteers and Staff of the Animas Fire Pro- the city from natural disasters. vision is the source of Trimble Navigation's tection District, you have served your commu- Local officials have also established a dis- great success. For his work, he earned the nity, State and Nation bravely and admirably, aster council, a formal city council committee 1996 Kershner Award and the American Insti- and for that your neighbors are grateful. chaired by Mayor Sheila Young. This com- tute of Aeronautics and Astronautics' 1994 On behalf of the State of Colorado and the mittee meets quarterly to discuss mitigation Piper General Aviation Award. U.S. Congress, I thank you for you commit- and preparedness issues. In addition, San But Charles Trimble is more than just a ment to the safety and well being of the mem- Leandro has published a Hazard Mitigation voice for his companyÐhe is also a voice for bers the La Plata County and its surrounding Master Plan, which has resulted in plans to his industry. Since 1996, Charles Trimble has communities. You make us all very proud! retrofit buildings to prevent damage in the served as Chairman of the United States GPS f event of an earthquake. Industry Council, unifying the industry behind Project Impact operates on a common- a common message to policy makers, industry TRIBUTE TO JOHN TROUTT, JR. sense damage-reduction approach. Project officials and the media. Impact encourages communities to develop Charles Trimble's expertise and influence HON. MARION BERRY disaster prevention programs by working with extend beyond the GPS industry. He sat on OF ARKANSAS citizens and the private sector. Success de- the Vice President's Space Policy Advisory IN THE HOUSE OF REPRESENTATIVES pends on long-term efforts and investments in Board's task group exploring the future of the Tuesday, September 26, 2000 preventive measures. Communities benefit U.S. Space Industrial Base for the National from their participation in the program from Space Council. He is an elected member of Mr. BERRY. Mr. Speaker, I rise today to FEMA's expertise and technical assistance at the National Academy of Engineering. Charles pay tribute to a great Arkansan, and I am the national and regional level. FEMA works Trimble was also a member of the Board of proud to recognize John Troutt, Jr. in the Con- with community officials to incorporate the lat- Governors for the National Center for Asia-Pa- gress for his invaluable contributions and serv- est technology and mitigation practices. cific Economic Cooperation (APEC), and a ice to our nation. I am very proud that San Leandro has been Member of the Council on Foreign Relations. John Troutt, Jr. for many defines the daily able to build the public-private partnerships AEA's Medal of Achievement award recog- newspaperman. Almost anyone can call him- necessary to be chosen a participant in nizes that behind all great scientific achieve- self or herself an editor or publisher, but few Project Impact. The hard work of the local offi- ments are exceptional people. I join the Silicon can fill the role of a newspaperman. He is an cials will prevent the future loss of life and Valley community and the electronics industry anachronism in this corporate-driven world property. I congratulate San Leandro for work- in recognizing Charles Trimble as one of the that equates bigger with better. ing with the business community and citizens remarkable individuals that has shaped the di- A highly successful businessman, he has to maximize all available resources to make rection of this new economy and this new era stood at the helm of The Jonesboro Sun for the community safer. of technological advancement. decades, guiding the growth of The Sun from f I ask my colleagues, Mr. Speaker, to join a small afternoon daily newspaper to the larg- me in honoring this great and good man est, independent family-owned publication in TRIBUTE TO CHARLES R. TRIMBLE whom I am proud to know and represent. We Arkansas that serves as the regional morning are indeed a better nation and a better people paper in the Northeast area of the state. His HON. ANNA G. ESHOO because of him. recent announcement that The Sun will be OF CALIFORNIA f sold to the Paxton Media Group of Paducah, IN THE HOUSE OF REPRESENTATIVES Kentucky, was felt across the state of Arkan- HONORING THE ANIMAS FIRE sas. Other newpapermen have paid tribute to Tuesday, September 26, 2000 PROTECTION DISTRICT Troutt in recent weeks after learning The Sun Ms. ESHOO. Mr. Speaker, I rise today to was up for sale. honor Charles R. Trimble, former C.E.O. and HON. SCOTT McINNIS For two decades he has served as editor, Chairman of Trimble Navigation, who is re- OF COLORADO overseeing the newsroom, and as publisher, ceiving the American Electronics Association's IN THE HOUSE OF REPRESENTATIVES overseeing the business side of the news- (AEA) forty-seventh Medal of Achievement for paper, in addition to assuming the role of night his leadership in advancing and commer- Tuesday, September 26, 2000 editor two nights a week, in charge of putting cializing global positioning system (GPS) solu- Mr. McINNIS. Mr. Speaker, I would like to out the next morning's edition. Very few news- tions. take this moment to honor a truly remarkable papermen have had the love of the business Charles Trimble exemplifies the innovative group of individuals who risk their lives to pro- or sufficient staminaÐhe will be 71 in Octo- and entrepreneurial spirit for which Silicon Val- tect the health and safety of their community. berÐto fulfill his many roles, much less fulfill ley is internationally recognized. In 1978, The individuals I speak of make-up the them with his energy and passion.

VerDate 112000 06:16 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A26SE8.002 pfrm04 PsN: E26PT1 September 26, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1593 Every day he writes The Sun's editorials. VALUE OF ESTABLISHING THE melting pot. The State of Wisconsin has al- Readers have no difficulty understanding SWISS CENTER OF NORTH AMER- ready committed $2 million to this project and where he stands. He has not hesitated to call ICA an international fund-raising drive is now well on public officials and bodies to correct what underway. he views as an errant course. HON. TAMMY BALDWIN I support the Swiss Center of North America not just because it will be located in my dis- In newspaper circles, he is best known for OF WISCONSIN trict. I support it because those of Swiss herit- his beliefs in the tenets of the first amend- IN THE HOUSE OF REPRESENTATIVES age need a place to house their artifacts and ment. He has filed more lawsuits than any Tuesday, September 26, 2000 tell their story. This is a valuable project, in other Arkansas editor or publisher to enforce Ms. BALDWIN. Mr. Speaker, our nation was part, because learning more about where we the provisions of the state Freedom of Infor- built on the dreams of immigrants who came come from helps guide us to where we are mation Act. ``The public's business should be here to create a better life for themselves and going. The more future generations learn done in public'' is his oft-repeated philosophy. their families. The ethnic diversity of the Amer- about this nation, the more they understand John has been a mentor, advisor, and friend ican patchwork quilt makes this nation strong about our rich diversity. The Swiss Center of to all of Northeast Arkansas. He has dedicated and has helped our nation become the envy of North America will help foster a better under- his life to serving his fellow citizens as a lead- much of the world. standing between cultures and will offer us the er in both his profession and his community, I am proud to be from a state whose ethnic promise of a broader appreciation of the herit- and he deserves our respect and gratitude for heritage can be seen in our faces, our foods age of our international ancestors. his contributions. On behalf of the Congress, and families. Wisconsin is a state made up of f I extend congratulations and best wishes to settlers who came from the far corners of the my good friend John Troutt, Jr. on his suc- world to build their businesses, raise their fam- THANKING WOLODYMYR LUCKHAN cesses and achievements. ilies and stake their claims for a piece of the FOR HIS SERVICE TO THE American Dream. UNITED STATES DURING WORLD f There is an exciting new project underway WAR II in my congressional district that has national HONORING AL MOLITOR and international implications. The Swiss Cen- HON. NANCY L. JOHNSON ter of North America is proposed to be located OF CONNECTICUT in New Glarus, Wisconsin. This new center IN THE HOUSE OF REPRESENTATIVES HON. JOSEPH M. HOEFFEL will facilitate historical research, cultural ex- Tuesday, September 26, 2000 changes and business partnerships extending OF PENNSYLVANIA Mrs. JOHNSON of Connecticut. Mr. Speak- beyond the beautiful rolling countryside of er, I thank one of my constituents, Wolodymyr IN THE HOUSE OF REPRESENTATIVES America's Dairyland. Luckhan, for the heroic action he took during Like many ethnic groups, the Swiss came to World War II to save an American tank divi- Tuesday, September 26, 2000 North America in large numbers in the 19th sion from an enemy ambush near Swizel, Ger- Century, settling in each state of this Union Mr. HOEFFEL. Mr. Speaker, today I recog- many, in April 1945. Mr. Luckhan, seized by and every province of Canada. They brought nize the outstanding achievements of an ex- the Germans into forced labor, overheard the their traditions, culture, languages, foods and traordinary man, Al Molitor. For 35 years, Mr. impending attack against an American tank a rich heritage that have made a lasting im- Molitor has served in the administration of force approaching the city of Swizel. Mr. pact throughout this continent. The Swiss gov- public health and welfare programs for non- Luckhan commandeered a boy's bicycle and ernment helped these new immigrants by set- profit organizations and the Commonwealth of peddled through German lines, risking his life ting up colonies for their countrymen and Pennsylvania. In addition, the contributions he to reach the Allied forces. Without his timely women on this side of the Atlantic to ease the has made within the Montgomery County com- warning, the loss of American lives would transition into the New World. have been considerable. Mr. Luckhan's exam- munity and particularly the Abington- One such colony remains largely intact, lo- ple once again demonstrates that the virtue of Rockledge Democratic Committee are invalu- cated in New Glarus, Wisconsin. This commu- selflessness merits recognition. able. nity, which I am honored to represent in Con- After the war, Mr. Luckhan came to the Al earned his bachelor of arts from Temple gress, continues to celebrate its Swiss herit- United States, became a citizen and raised a University and continued his studies at the age, attracting Swiss immigrants and welcome family. At age 91, Mr. Luckhan still recalls the Bryn Mawr School of Social Work and Re- visitors from around the world. event that changed the course of history for so search where he received his master of social Many in North America are not aware of the many. Walt Whitman wrote that ``To have service degree. Al has held leadership posi- accomplishments of their Swiss-American great poets, there must be great audiences, tions in state public health and social work neighbors. The Swiss have brought a multi- too.'' I present Mr. Wolodymyr Luckhan as a professional associations. He has served on cultural background encompassing elements spokesperson for freedom whose stage for the Abington Township Library Board, in par- from German, French, Italian and Roman her- heroism was made possible by the great audi- ent-teacher organizations and the Boy Scouts. itages. Many thing of Switzerland as a land of ence of men and women who gave their lives Alpine meadows, decorated cowbells and He also organized the Old York Road Genea- in service of our country and those who, colorful window boxes. Yet this fails to fully logical Society, and served as its president for thanks to the efforts of people such as Mr. recognize the very modern, multilingual and nearly 4 years. Luckhan, have survived to share in the quality multi-cultural aspects of this small, yet diverse, Al has been a prominent figure within the of life that only this great nation can afford. nation. Abington-Rockledge Democratic Committee Those of Swiss descent in North America f for a number of years and became chairman are very proud of their heritage, as Switzer- in 1994. He also served as chair of the Mont- SERBIA DEMOCRATIZATION ACT land has made many important contributions gomery County Voter Registration Drive from OF 2000 to the world. Yet, unlike many other nationali- 1992±1994. His work within the Democratic ties, there is no permanent venue to show- SPEECH OF community in Montgomery County is unparal- case Swiss cultural, economic, historic, and HON. SHEILA JACKSON-LEE leled and much appreciated. With a solid Re- social contributions in North America. I hope publican background, Al found himself as a OF TEXAS that is about to change. IN THE HOUSE OF REPRESENTATIVES non-partisan when the moved to Abington in The Swiss Center of North America aims to 1958, but quickly found a home within the be a state-of-the-art facility located in New Monday, September 25, 2000 Democratic community in Montgomery County. Glarus, Wisconsin. It will highlight the contribu- Ms. JACKSON-LEE of Texas. Mr. Speaker, In spite of an extremely busy public life, Al re- tions of the Swiss of yesterday, today and to- I rise in support of H.R. 1064, the Serbia and mains devoted to his family. He and his wife, morrow. With historical exhibits, modern inter- Montenegro Democracy Act. This resolution Natalie, have two children, Elizabeth and active displays, genealogical research facilities coincides with the highly important general Steve, and three grandchildren. and premiere meeting space, the Swiss Cen- elections held in Serbia on September 24, It is an honor and a privilege to acknowl- ter will help spread the word that Swiss living 2000. We can only hope that the ongoing edge the dedication and contributions of Al in the United States, Canada and Mexico con- election count at this hour reflects a fair, free, Molitor who has served his community well. tinue to offer much to the North American and open election, Mr. Speaker.

VerDate 112000 06:16 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26SE8.004 pfrm04 PsN: E26PT1 E1594 CONGRESSIONAL RECORD — Extensions of Remarks September 26, 2000 As we all know, Yugoslav President Abington Rockledge Democratic Committee in Mr. Speaker, the action of the Swiss people Milosevic has maintained his power in Serbia Montgomery County, Pennsylvania since 1966 in this referendum was enlightened and in- throughout the 1990s through a combination and it has been a privilege to work so closely formed, and it dealt a blow in the fight against of virulent Serb nationalism and outright op- with him over the years. far-right and neo-Nazi fringe groups, who sup- pression. John was raised in Hartford, Connecticut port placing limits on foreigners in Switzerland. The violence that occurred in Kosovo was where his political career began. At the age of It is important that we acknowledge and com- brutal and a dramatic affront to the inhabitants 17, he was appointed a delegate from East mend the Swiss people and the Swiss govern- of those environs. He has also tried to silence Windsor, Connecticut to the 1944 Democratic democratic opponents in MontenegroÐthe State Convention. While earning his under- ment on this decisive and most encouraging only remaining republic outside Serbia in the graduate degree from Yale University, John result. Yugoslav Federation. Now, the democratic op- served as president of the Yale Young Demo- position must be given every incentive to flour- crats and was invited to be a political com- f ish in Serbia and Montenegro. mentator at a local radio station during the This bill authorizes as much as $50 million 1948 presidential election. HMONG VETERANS’ NATURALIZA- to support democratization of the Republic of Upon completion of an MBA from Harvard TION ACT AMENDMENTS OF Serbia (excluding Kosovo) and $55 million in University, John and his wife Polly moved to 2000—EXTEND NATURALIZATION support of ongoing political and economic re- Montgomery County. In 1958 they relocated to TO FORMER SPOUSES OF DE- forms and democratization in the Republic of Italy and did not return to the United States CEASED HMONG VETERANS Montenegro. until the mid 1960's. He and Polly have four H.R. 1064 directs the radio and television children and six beautiful grandchildren. John SPEECH OF broadcasting to Yugoslavia in both the Serbo- has served as a committee person and the Croatian and Albanian languages be carried Treasurer of the Abington-Rockledge Demo- HON. ANNA G. ESHOO out by the Voice of America and Radio Free cratic Committee since 1971. Europe/Radio Liberty Inc. The message of de- John worked for Rohm and Haas Corpora- OF CALIFORNIA mocracy and human rights can be dissemi- tion in various financial positions from 1951 to IN THE HOUSE OF REPRESENTATIVES nated directly to the people of Serbia if we use 1991. After retiring from Rohm and Haas, he all technological means at our disposal. The managed investments and administered chari- Monday, September 25, 2000 bill also provides funds for the Organization for table grant programs for the Haas family. Ms. ESHOO. Mr. Speaker, I rise today in Security and Cooperation in Europe to facili- John's expertise and knowledge in the polit- support of this legislation to exempt the wid- tate contacts by democracy activists in Serbia ical arena are invaluable assets. It is an honor and Montenegro with their counterparts in and a privilege to recognize John Kidney and ows of the Hmong veterans from certain citi- other countries. the outstanding contributions he has made to zenship requirements. The bill contains some measures that hold the Democratic community in Montgomery The Hmong are a mountain people mainly the worst human rights abusers accountable. County, Pennsylvania. found in southern China and northern areas of H.R. 1064 maintains sanctions against the f Burma, Laos, Thailand and Vietnam. Begin- government of Yugoslavia until the following ning in the 1950s, Hmong soldiers fought the conditions are metÐagreement on a lasting COMMENDING THE PEOPLE OF SWITZERLAND FOR REJECTING A communist Pathet Lao movement in Laos and settlement in Kosovo; compliance with the later assisted U.S. forces during the Vietnam General Framework Agreement for Peace in LIMIT ON FOREIGNERS War. The Hmong aided U.S. forces, collected Bosnia and Herzegovina; implementation of in- intelligence, rescued downed American pilots, ternal democratic reform; settlement of all suc- HON. TOM LANTOS protected sensitive U.S. military installations cession issues with the other republics that OF CALIFORNIA emerged from the break-up of the Socialist IN THE HOUSE OF REPRESENTATIVES monitoring the Ho Chi Minh Trail and tied down an estimated 50,000 North Vietnamese Federal Republic of Yugoslavia; and coopera- Tuesday, September 26, 2000 tion with the International Criminal Court for troops in Laos. When the war ended, the the former Yugoslavia indicted by the tribunal. Mr. LANTOS. Mr. Speaker, we tend to be Pathet Lao took power in Laos and per- The bill also blocks all Yugoslav assets in quick to criticize and slow to praise. Earlier the secuted and imprisoned many of the Hmong the United States; restricts U.S. citizens from Swiss were subjected to intense international allies of the United States. criticism for the policies and practices of Swiss doing business with the Yugoslav government; The Hmong come from a tribal society that, prohibits U.S. visas to senior Yugoslav gov- banks during World War II. The Swiss govern- until recently, had no written language and ernment officials and their families; and re- ment and Swiss banks have moved in the many have found it difficult to naturalize be- stricts non-humanitarian U.S. assistance to right direction since that matter became an Yugoslavia. issue of international concern. cause of their difficulty in learning English. Finally, the bill directs the President to co- Mr. Speaker, this past weekend the people This legislation would exempt them from this ordinate multilateral sanctions on the govern- of Switzerland in a national referendum dem- difficult requirement. Currently this same ex- ments of Serbia and Yugoslavia; requires that onstrated their willingness to act in a remark- emption has been given to those men and the United States fully support the investiga- ably enlightened fashion on an issue that is their spouses who served with a special unit, tion of President Slobodan Milosevic by the sensitive and that has been subject to dema- operating from a base in Laos in support of International Criminal Court for the former goguery. By a vote of nearly 64 percent, the U.S. military. It is time to extend this same Yugoslavia for genocide, crimes against hu- Swiss voters decisively rejected a proposal to exemption to the widows of these men. reduce the number of foreigners in their coun- manity, war crimes and grave breaches of the This is a great step for the widows who Geneva Convention; directs the President to try to 18 percent of the total population. A ma- were not covered under the Hmong Veterans' report to Congress on the information provided jority of voters in all of the 26 Swiss cantons to the tribunal; and urges the President to con- rejected the proposal. To their credit, the Naturalization Act. The Hmong have faced in- demn the harassment of ethnic Hungarian in- Swiss Cabinet urged voters to reject the pro- surmountable odds with the English language habitants in Vojvodina. posal. portion of the citizenship exam. This bill pro- f This was a serious issue, Mr. Speaker, be- vides a needed form of relief in the citizenship cause foreigners currently make up about 19.3 process by exempting the widows from that HONORING JOHN KIDNEY percent of the population of SwitzerlandÐ portion of the exam. some 1.4 million out of a population of 7.2 mil- Mr. Speaker, these women are the same HON. JOSEPH M. HOEFFEL lion, almost one in five residents of the coun- try, are foreigners. A quarter of the Swiss spouses of men who sacrificed everything to OF PENNSYLVANIA help us. Many of their husbands gave their IN THE HOUSE OF REPRESENTATIVES work-force is foreign. These figures are high even by European standards. Austria and lives to save U.S. pilots and other Americans. Tuesday, September 26, 2000 Sweden, both of which have among the high- They fought side-by-side with the U.S. forces Mr. HOEFFEL. Mr. Speaker, today I ac- est foreign population in the nations of the Eu- and then lost everything. This legislation rep- knowledge the accomplishments of John Kid- ropean Union, have only about one in nine for- resents what the Congress can do to provide ney. John has been an integral member of the eigners living in their countries. for the widows of these brave men.

VerDate 112000 06:16 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26SE8.009 pfrm04 PsN: E26PT1 September 26, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1595 DEBT RELIEF AND RETIREMENT my support for House Concurrent Resolution perfect attendance, he served as president in SECURITY RECONCILIATION ACT 399, which recognizes the federal govern- 1981. He was charter president and two-time ment's responsibility to educate all handi- distinguished president of the Livermore SPEECH OF capped children in our nation. November 29, Kiwanis Club in 1986 and 1987, with seven HON. FORTNEY PETE STARK 2000 will mark the 25th Anniversary of the years of perfect attendance. OF CALIFORNIA Education for all Handicapped Children's Act He was a member of the Livermore Police IN THE HOUSE OF REPRESENTATIVES passage into law (Public Law 94±142). The Department for seven years, holding the posi- Tuesday, September 19, 2000 act was later renamed the Individuals with Dis- abilities Education Act (IDEA). tions of Captain of both the patrol and inves- Mr. STARK. Mr. Speaker, there is absolutely The IDEA established the federal govern- tigation divisions during separate and concur- no reason for us to be here today debating ment's objective of educating all of America's rent terms, and fulfilling the role of Acting this bill. Recently the House passed the ``Debt children, including those with severe disabil- Chief of Police. Relief Lockbox Reconciliation Act'' which was ities. In 1986, the act was amended to create nothing more than an attempt by my Repub- a preschool grant program for children ages 3 Otto is a graduate of the Federal Bureau of lican colleagues to grandstand on their new to 5, with disabilities and an early intervention Investigations National Academy (FBI/NA conversion to a party that claims to care about program for infants and toddlers with disabil- 153rd). He was Chief of Police for the Benicia reducing the national debt. Today, we are ities. Police department for eight years during which here with another version of a bill that does Currently, IDEA programs serve an esti- the department initiated Community Oriented the same thing. In addition, this bill tack on a mated 200,000 infants and toddlers, 600,000 Policing, began a formal School Resource Of- so-called pension reform bill that has also al- preschoolers and 5.4 million children ages 6 ficer Program dedicating police officers to the ready passed the House. The Comprehensive through 21 nationwide. The Houston Inde- campuses of Benicia High School and Benicia Retirement Security and Pension Reform Act pendent School District provides educational Middle School, expanded the DARE program passed the House this summer by a vote of opportunities for about 21,000 students in the to all fifth grade classes in each public and pri- 401±25. It didn't have my support then and it City of Houston through this important pro- vate school in the city; added three police offi- won't have my support today. gram. So why are we here again debating the I would like to recognize the outstanding cers to the department by means of federal same measures we've already debatedÐand work that the Council for Exceptional Children and state grants; created a Citizen and Police passed? The leadership believes it will help Chapter 100 located in the City of Houston Partnership Program; began the GREAT pro- them in the upcoming elections. This debt re- has done. This organization represents the gram to prevent gang activity from entering lief bill is meaningless filler for the GOP agen- teachers who teach these special children in Benicia from other cities; conducted Citizen da. And the pension bill is bad policy. It bene- the Houston area. Because of the dedication Police Academies; created a Parking Adju- fits the wealthy and does nothing to help low- of administrators, teachers, parents and the dication program which was the first of its kind income workers who are most in need of re- students themselves IDEA can be called an in the nation for which the department re- tirement incentives. ``American Success Story.'' ceived the Helen Putnam Award for Excel- Although the pension bill implies that it will I would urge all of my colleagues to vote in lence (the League of California Cities' highest help all workers, it serves to help those earn- favor of this important Act. I would like to also recognition); began a Citizen on Patrol pro- ing an average income of $337,800. More urge the Senate to act on their version of the gram for which the department received na- than forty-two percent of the pension and IRA Full Funding Bill for IDEA, which is currently tional recognition from the International Asso- tax breaks will go the 5% of the population awaiting action in the Senate. The House with the highest incomesÐthose making over version of this bill H.R. 4055, IDEA Full Fund- ciation of Chiefs of Police in the form of the $134,000 annually and an average income of ing Act, was passed in the House on Rep- Webber Seavey Award for Excellence in Po- $337,000. In sharp contract, the bottom 60 resentatives on May 3rd of this year. lice Service to the Community, and raised the percent of the population (those making less f professional development of the department than $41,000) would receive less than 5% of by successful completion of either the FBI Na- these tax benefits. TRIBUTE TO BENICIA POLICE tional Academy or California POST Command When the Democrats offered a substitute bill CHIEF OTTO GIULIANI UPON HIS College by all management personnel and en- RETIREMENT to give low-income workers incentives to save rollment or completion of the California POST for their retirement, my GOP colleagues Supervisory Leadership Institute by first line scoffed at the idea claiming that it was too ex- HON. GEORGE MILLER supervisors. pensive. In other words, it's too expensive to OF CALIFORNIA help rank and file workers save for their retire- IN THE HOUSE OF REPRESENTATIVES Chief Giuliani was appointed City Manager/ ment, but it's completely affordable to help top Tuesday, September 26, 2000 Chief of Police for the City of Benicia in De- cember, 1994, and served in that capacity for executives accumulate wealth for their retire- Mr. GEORGE MILLER of California. Mr. six years, serving the longest career in the ment. The Democratic substitute offered in- Speaker, I rise today to invite my colleagues centives to small businesses to sponsor retire- to join me in congratulating Benicia Police State of California in the dual role of City Man- ment plans for their low-wage and young Chief Otto William Giuliani on the occasion of ager/Chief of Police. workers. I supported this substitute bill be- his retirement after a very busy and successful Otto is a member of the Benicia Rotary Club cause it attempted to help those workers who twenty-eight years of service in law enforce- and currently serves as President, is an ex- need it most. ment. If this Congress plans to spend $55 billion officio member of the Benicia Chamber of Otto Giuliani began his law enforcement ca- Commerce, and a member of the Board of Di- on the wealthy, then we should be able to reer with the Hayward Police Department, offer the same pension opportunities to those rectors of the Benicia Police Athletic League holding numerous positions in his 15-year ca- (PAL). who currently do not save for retirement. I op- reer there. He was awarded the Hayward Po- posed H.R. 1102 when it came to the floor in lice Department's highest honor, the Medal of Chief Giuliani and his wife Jan have been July and I oppose the bill before us today. Valor, for extraordinary duty on the night of married for twenty-five years and have a set of f November 29, 1978, when he pried open the twins, Mario and Melissa, age 22. Otto is retir- TWENTY-FIFTH ANNIVERSARY OF door, removed and carried an unconscious ing from law enforcement after twenty-eight EDUCATION FOR ALL HANDI- man from a wrecked vehicle stuck on the years of service, but he will continue to serve CAPPED CHILDREN ACT Western Pacific Railroad tracks just as the as the City Manager of Benicia. train struck the vehicle, almost sweeping Offi- It is clear from his record of achievement SPEECH OF cer Giuliani and the victim back into the path that Chief Giuliani has never taken his posi- HON. SHEILA JACKSON-LEE of the train. For his action he was recognized by Kiwanis International as Police Officer of tions of authority for granted and has excelled OF TEXAS at his every endeavor. Many communities in IN THE HOUSE OF REPRESENTATIVES the year for 1979 for the California, Nevada and Hawaii Districts, and received the Nathan our area have been enriched by his efforts. I Monday, September 25, 2000 Hale Award for Heroism. wish Chief Giuliani a very happy, healthy and Ms. JACKSON-LEE of Texas. Mr. Speaker, Otto was a member of the Hayward Kiwanis much deserved ``retirement,'' and I thank him I would like to join my colleagues in voicing Club for fifteen years, with eleven years of for his many contributions to law enforcement.

VerDate 112000 06:16 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26SE8.011 pfrm04 PsN: E26PT1 E1596 CONGRESSIONAL RECORD — Extensions of Remarks September 26, 2000 PERSONAL EXPLANATION the prison camp. Mr. Kruper passed away in lumbia River rather than the Yakima River 1992. to meet the needs of these irrigation dis- HON. BOB CLEMENT Let us remember these valiant soldiers in tricts. our prayers. Their service to the United States Based on information from the Bureau of OF TENNESSEE Reclamation, CBO estimates that imple- and to democracy around the world shall IN THE HOUSE OF REPRESENTATIVES menting H.R. 3986 would cost $6 million over never be forgotten. I pray that the stories of the 2001–2003 period, assuming the appropria- Tuesday, September 26, 2000 bravery and survival of these men transcend tion of the necessary funds. Enacting H.R. Mr. CLEMENT. Mr. Speaker, on Rollcall this one weekend. It is my wish that these sto- 3986 would not affect direct spending or re- vote No. 487, I was unavoidably detained. ries get passed down through generations, for ceipts; therefore, pay-as-you-go procedures Had I been present, I would have voted ``aye.'' their sacrifice has truly made this country the would not apply. H.R. 3986 contains no inter- governmental or private-sector mandates as f land of the free and the brave. The names of the gentlemen attending the defined in the Unfunded Mandates Reform PERSONAL EXPLANATION Act (UMRA) and would impose no costs on reunion are Kenneth Bargmann, William A. state, local, or tribal governments. Bonsall, Robert Bell Bradley, William E. Clark, ESTIMATED COST TO THE FEDERAL GOVERNMENT HON. DAN BURTON Arley Goodengauf, Maurice J. Markworth, Acie D. Milner, Frank Rosenthal, Kenneth Schaef- The estimated budgetary impact of H.R. OF INDIANA 3986 is shown in the following table. The IN THE HOUSE OF REPRESENTATIVES fer, Christopher Schweitzer, Bernard Sterno, costs of this legislation fall within budget Raymond Ulrich, and Mae Hande, who will be Tuesday, September 26, 2000 funding 300 (natural resources and environ- attending in place of her departed husband ment). Mr. BURTON of Indiana. Mr. Speaker, on Norman Hande. I know that the United States September 25th, I was unavoidably detained House of Representatives joins me in saluting By fiscal year, in millions of dollars in my home district, and therefore, I was un- these fine men who served their country with 2001 2002 2003 2004 2005 able to be present on the House floor during honor. SPENDING SUBJECT TO APPROPRIATION votes. Had I been here I would have voted f Estimated Authorization Level ...... 6 0 0 0 0 ``aye'' on rollcall vote 487. Estimated Outlays ...... 1 2 3 0 0 f CHANDLER PUMPING PLANT WATER EXCHANGE FEASIBILITY BASIS OF ESTIMATE PERSONAL EXPLANATION STUDY Based on information from the Bureau of Reclamation, CBO estimates that the feasi- HON. VITO FOSSELLA SPEECH OF bility study and the environmental assess- ment authorized by the bill would cost $4 OF NEW YORK HON. DON YOUNG million, and that the acquisition of right-of- IN THE HOUSE OF REPRESENTATIVES OF ALASKA way areas for this water diversion project Tuesday, September 26, 2000 IN THE HOUSE OF REPRESENTATIVES would cost $2 million. Wednesday, September 20, 2000 Current law authorizes the appropriation Mr. FOSSELLA. Mr. Speaker, I am not re- of $4 million for an electrification project at corded on rollcall Nos. 487 and 488. I was un- Mr. YOUNG of Alaska. Mr. Speaker, I sub- the Chandler pumping plant. Although H.R. avoidably detained and therefore, could not mit for the benefit of the Members a copy of 3986 authorizes the exchange of water as an vote for this legislation. Had I been present, I the cost estimate prepared by the Congres- alternative to this electrification project, would have voted, ``aye'' on rollcall 487 and sional Budget Office for H.R. 3986, a bill to appropriated funds for the electrification voted, ``aye'' on rollcall 488. project have already been spent by the bu- provide for a study of the engineering feasi- reau to study this project and on other ac- f bility of a water exchange in lieu of electrifica- tivities. Consequently, H.R. 3986 appears to tion of the Chandler Pumping Plant at Prosser HONORING THE SURVIVORS OF provide new authority to study the exchange Diversion Dam, Washington. of water from the Yakima to the Columbia STALAG III–C U.S. CONGRESS, River and for the acquisition of right-of-way CONGRESSIONAL BUDGET OFFICE, areas. HON. GEORGE W. GEKAS Washington, DC, September 20, 2000. Pay-as-you-go considerations: None. OF PENNSYLVANIA Hon. DON YOUNG, INTERGOVERNMENTAL AND PRIVATE-SECTOR Chairman, Committee on Resources, House of IN THE HOUSE OF REPRESENTATIVES IMPACT Representatives, Washington, DC. H.R. 3986 contains no intergovernmental or Tuesday, September 26, 2000 DEAR MR. CHAIRMAN: The Congressional private-sector mandates as defined in UMRA Budget Office has prepared the enclosed cost Mr. GEKAS. Mr. Speaker, today I rise to and would impose no costs on state, local or estimate for H.R. 3986, a bill to provide for a tribal governments. honor the survivors of Stalag III±C in Germany study of the engineering feasibility of a during World War II. These brave men en- Estimate prepared by: Federal Costs: Ra- water exchange in lieu of electrification of chel Applebaum (226–2860); Impact on State, dured hardship that few of us can imagine the Chandler Pumping Plant at Prosser Di- Local, and Tribal Governments: Marjorie today. These men were starved nearly to version Dam, Washington. Miller (225–3220); Impact on the Private Sec- death and subjected to bitterly cold winters in If you wish further details of this estimate, tor: Lauren Marks (226–2940). unheated huts. Many men languished there for we will be pleased to provide them. The CBO Estimate approved by: Peter H. Fontaine, years before being liberated by a Russian tank staff contact if Rachel Applebaum, who can Deputy Assistant Director for Budget Anal- be reached at 226–2860. ysis. convoy. However, their ordeal was not over Sincerely, yet. BARRY B. ANDERSON f Stalag III±C was located near the Polish (For Dan L. Crippen, Director). border in the eastern part of Germany. It was Enclosure. PERSONAL EXPLANATION January of 1945 when the men were set free. CONGRESSIONAL BUDGET OFFICE, COST With a war still raging around them, the men ESTIMATE, SEPTEMBER 20, 2000 HON. LYNN C. WOOLSEY set forth to make it to Allied lines. The men (H.R. 3986: A bill to provide for a study of the OF CALIFORNIA traveled on foot through the snow and frigid engineering feasibility of a water exchange IN THE HOUSE OF REPRESENTATIVES winds with little food and clothing not suitable in lieu of electrification of the Chandler for the trek. It took a month and a half for a Pumping Plant at Prosser Diversion Dam, Tuesday, September 26, 2000 majority of the men to reach Odessa, Russia. Washington, as reported by the House Ms. WOOLSEY. Mr. Speaker, yesterday I These hardy men walked a distance of ap- Committee on Resources on September 19, delivered the keynote address at the Geo- 2000) proximately 700 miles. Though their struggle thermal Resources Council's 2000 Annual had been long, they had reached freedom. SUMMARY Meeting. As a long-time advocate of alter- On the weekend of October 13, a group of The Kennewick and Columbia Irrigation native and renewable energy sources, I was Districts in Washington use water diverted honored to be recognized for my work in this survivors from Stalag III±C will gather in Her- from the Yakima River. H.R. 3986 would au- shey, PA, for a time of remembrance. Jackie thorize the Secretary of the Interior to con- field and privileged to share my thoughts with Kruper of Lebanon, PA, has organized this duct a feasibility study, prepare an environ- the more than 450 attendees from across the event inspired by the journal of her father, mental assessment, and acquire right-of-way globe representing geothermal professionals Sergeant John E. Kruper, who was interned at areas necessary to divert water from the Co- and businesses.

VerDate 112000 06:16 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26SE8.019 pfrm04 PsN: E26PT1 September 26, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1597 As a result, I missed rollcall vote No. 487. ica held its annual legislative conference in Georgians are buried there: James Jackson, Had I been present, I would have voted ``yea.'' Washington to address the issues important to Revolutionary War General, Governor of Geor- f its industry. gia, and U.S. Senator; John Forsyth, U.S. While they were here, members of the Senator and Secretary of State; and William COMMENDING THE PROFESSIONAL PLCAA took the time to donate their services Shorey Coodey, Senator in the Cherokee Na- LAWN CARE ASSOCIATION OF to two of the most historic sites in this areaÐ tion. AMERICA Arlington National Cemetery and Congres- sional Cemetery. In both of these cemeteries, In 1997 Congressional Cemetery was HON. JOHN LINDER members of the PLCAA enhanced the turf, cut named by the National Trust for Historic Pres- ervation one of the Eleven Most Endangered OF GEORGIA grass, and trimmed trees. Historic Sites in America. It relies on contribu- IN THE HOUSE OF REPRESENTATIVES PLCAA members have donated their serv- ices to Arlington in past years, but this is the tions and volunteers to keep up its 32 acre Tuesday, September 26, 2000 first time they have been to Congressional grounds. I commend the PLCAA for its civic Mr. LINDER. Mr. Speaker, last July, the Cemetery. Congressional Cemetery is of par- responsibility and generosity in donating its Professional Lawn Care Association of Amer- ticular interest to me because some illustrious valuable services to these two important sites.

VerDate 112000 06:16 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26SE8.020 pfrm04 PsN: E26PT1 Tuesday, September 26, 2000 Daily Digest

HIGHLIGHTS The House passed H.J. Res. 109, FY 2001 Continuing Appropriations. The House passed 24 Sundry Measures. Senate neglect courts and for other purposes consistent with Chamber Action the Adoption and Safe Families Act of 1997, after Routine Proceedings, pages S9215–S9330 agreeing to the following amendment proposed Measures Introduced: Ten bills and two resolu- thereto: Pages S9326±29 tions were introduced, as follows: S. 3107–3116, and Gorton (for DeWine) Amendment No. 4209, to S. Res. 360–361. Page S9267 extend the authorization of appropriations for an ad- Measures Reported: ditional year. Page S9326 Report to accompany S. 353, to provide for class America’s Law Enforcement and Mental Health action reform. (S. Rept. No. 106–420) Project: Senate passed S. 1865, to provide grants to S. 893, to amend title 46, United States Code, to establish demonstration mental health courts, after provide equitable treatment with respect to State agreeing to a committee amendment in the nature and local income taxes for certain individuals who of a substitute. Pages S9329±30 perform duties on vessels. (S. Rept. No. 106–421) H–1B Nonimmigrant Visa: Senate resumed consid- Page S9267 eration of S. 2045, to amend the Immigration and Measures Passed: Nationality Act with respect to H–1B non- Red River Boundary Compact: Senate passed immigrant aliens, taking action on the following H.J. Res. 72, granting the consent of the Congress amendments proposed thereto: Pages S9215±29, S9247±51 to the Red River Boundary Compact. Page S9316 Pending: Kansas and Missouri Metropolitan Culture Dis- Lott (for Abraham) Amendment No. 4177 (to the trict Compact: Senate passed H.R. 4700, to grant committee substitute), in the nature of a substitute. the consent of the Congress to the Kansas and Mis- souri Metropolitan Culture District Compact, clear- Page S9216 Lott Amendment No. 4178 (to Amendment No. ing the measure for the President. Page S9316 4177), of a perfecting nature. Page S9215 Fort Pierre, South Dakota Reconciliation Place: Lott (for Conrad) Amendment No. 4183 (to the Senate passed S. 1658, to authorize the construction text of the bill proposed to be stricken), to exclude of a Reconciliation Place in Fort Pierre, South Da- certain ‘‘J’’ nonimmigrants from numerical limita- kota, after agreeing to a committee amendment in tions applicable to ‘‘H–1B’’ nonimmigrants. Pages S9316±18 the nature of a substitute. Page S9220 Native Hawaiian Health Care Improvement Lott Amendment No. 4201 (to Amendment No. Act: Senate passed S. 1929, to amend the Native 4183), in the nature of a substitute. Page S9220 Hawaiian Health Care Improvement Act to revise During consideration of this measure today, Senate and extend such Act, after agreeing to a committee also took the following actions: amendment in the nature of a substitute. By 94 yeas to 3 nays (Vote No. 256), three-fifths Pages S9318±26 of those Senators duly chosen and sworn, having Strengthening Abuse and Neglect Courts Act: voted in the affirmative, Senate agreed to the motion Senate passed S. 2272, to improve the administrative to close further debate on Lott Amendment No. efficiency and effectiveness of the Nation’s abuse and 4178 (listed above). Pages S9219±20

D968

VerDate 11-MAY-2000 06:31 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26SE0.REC pfrm04 PsN: D26SE0 September 26, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D969 Subsequently, Lott Motion to Recommit the bill John L. Palmer, of New York, to be a Member to the Committee on the Judiciary, with instructions of the Board of Trustees of the Federal Hospital In- to report back forthwith, was ruled out of order. surance Trust Fund for a term of four years. Page S9215, S9220 Thomas R. Saving, of Texas, to be a Member of Subsequently, Lott Amendment No. 4179 (to the the Board of Trustees of the Federal Hospital Insur- Motion to Recommit), of a perfecting nature, and ance Trust Fund for a term of four years. Lott Amendment No. 4180 (to Amendment No. James F. Dobbins, of New York, to be an Assist- 4179), of a perfecting nature, both fell when Lott ant Secretary of State (European Affairs), vice Marc Motion to Recommit was ruled out of order. Grossman, resigned. Page S9215, S9220 Betty F. Bumpers, of Arkansas, to be a Member A motion was entered to close further debate on of the Board of Directors of the United States Insti- Lott Amendment No. 4177 (listed above) and, in ac- tute of Peace for a term expiring January 19, 2001. cordance with provisions of Rule XXII of the Stand- (New Position) ing Rules of the Senate, a vote on the cloture motion Betty F. Bumpers, of Arkansas, to be a Member will occur on Thursday, September 28, 2000. of the Board of Directors of the United States Insti- Page S9248 tute of Peace for a term expiring January 19, 2005. A motion was entered to close further debate on (Reappointment) Page S9330 the committee substitute and, in accordance with Messages From the House: Pages S9264±65 provisions of Rule XXII of the Standing Rules of Measures Referred: Page S9265 the Senate, a vote on the cloture motion will occur Measures Placed on Calendar: Page S9265 on Thursday, September 28, 2000. Page S9248 A motion was entered to close further debate on Measures Read First Time: Pages S9254±55 the bill and, in accordance with provisions of Rule Communications: Pages S9265±67 XXII of the Standing Rules of the Senate, a vote on Petitions: Page S9267 the cloture motion will occur on Thursday, Sep- tember 28, 2000. Page S9248 Statements on Introduced Bills: Pages S9267±71 Continuing Resolution Agreement: A unanimous- Additional Cosponsors: Pages S9271±72 consent-time agreement was reached providing for Amendments Submitted: Pages S9272±S9316 consideration of H.J. Res. 109, making continuing Notices of Hearings: Page S9316 appropriations for the fiscal year 2001, at 9:30 a.m. on Thursday, September 28, 2000. Page S9247 Additional Statements: Pages S9263±64 Suspension of Rule XXII: Pursuant to Rule V, Enrolled Bills Presented: Page S9265 Senator Daschle gave notice in writing of his inten- Enrolled Bills Signed: Page S9265 tion to move to suspend Rule XXII, to permit the Record Votes: One record vote was taken today. consideration of Amendment No. 4184, to S. 2045. (Total—256) Page S9220 Page S9247 Recess: Senate convened at 9:32, and recessed at Nominations Received: Senate received the fol- 7:30 p.m., until 9:30 a.m., on Wednesday, Sep- lowing nominations: tember 27, 2000. (For Senate’s program, see the re- John L. Palmer, of New York, to be a Member marks of the Acting Majority Leader in today’s of the Board of Trustees of the Federal Old-Age and Record on page S9330.) Survivors Insurance Trust Fund and the Federal Dis- ability Insurance Trust Fund for a term of four years. Thomas R. Saving, of Texas, to be a Member of Committee Meetings the Board of Trustees of the Federal Old-Age and (Committees not listed did not meet) Survivors Insurance Trust Fund and the Federal Dis- ability Insurance Trust Fund for a term of four years. HUD MANAGEMENT John L. Palmer, of New York, to be a Member Committee on Banking, Housing, and Urban Affairs: of the Board of Trustees of the Federal Supple- Subcommittee on Housing and Transportation con- mentary Medical Insurance Trust Fund for a term of cluded hearings to examine management challenges facing the Department of Housing and Urban Devel- four years. opment, and whether reform efforts have dem- Thomas R. Saving, of Texas, to be a Member of onstrated real and sustainable results, after receiving the Board of Trustees of the Federal Supplementary testimony from Saul Ramirez, Deputy Secretary, and Medical Insurance Trust Fund for a term of four Susan M. Gaffney, Inspector General, both of the years. Department of Housing and Urban Development;

VerDate 11-MAY-2000 06:31 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 5627 E:\CR\FM\D26SE0.REC pfrm04 PsN: D26SE0 D970 CONGRESSIONAL RECORD — DAILY DIGEST September 26, 2000

Stanley J. Czerwinski, Associate Director, Housing tat (SEARCH) to small communities, and S. 2800, and Community Development Issues, Resources, to require the Administrator of the Environmental Community, and Economic Development Division, Protection Agency to establish an integrated envi- General Accounting Office; Mayor Donald L. ronmental reporting system, after receiving testi- Plusquellic, Akron, Ohio; Maurice O. McTigue, mony from Senator Allard; Diane E. Thompson, As- George Mason University, Fairfax, Virginia; and Vir- sociate Administrator for Congressional and Inter- ginia L. Thomas, The Heritage Foundation, Wash- governmental Relations, Environmental Protection ington, D.C. Agency; George Dana Bisbee, New Hampshire De- AMTRAK partment of Environmental Services, Concord, on be- half of the Environmental Council of the States; Jere- Committee on Commerce, Science, and Transportation: miah D. Baumann, U.S. Public Interest Research Committee concluded oversight hearings to examine Group, Washington, D.C.; Deborah Spaar Sanchez, the National Railroad Passenger Corporation’s (AM- Overland Neighborhood Environmental Watch, TRAK) financial performance and requirements, and Denver, Colorado; Kenneth Bruzelius, Midwest As- a related proposal to allow a credit to holders of sistance Program, Inc., New Prague, Minnesota; B. qualified bonds issued by Amtrak, after receiving Roy Prescott, Jerome County Board of Commis- testimony from Senator Allard; Kenneth M. Mead, sioners, Jerome, Idaho; and Benjamin Y. Cooper, Inspector General, Department of Transportation; Printing Industries of America, Inc., Alexandria, Phyllis F. Scheinberg, Associate Director, Transpor- Virginia. tation Issues, General Accounting Office; Wisconsin Governor Tommy Thompson, Madison, on behalf of U.S. FOREIGN POLICY the AMTRAK Reform Board; Gilbert E. Car- Committee on Foreign Relations: Committee concluded michael, AMTRAK Reform Council, Washington, hearings to examine United States foreign policy at D.C.; Mayor Timothy M. Kaine, Richmond, Vir- the end of the current administration, after receiving ginia; and Joseph Vranich, Irvine, California. testimony from Madeleine K. Albright, Secretary of HEATING AND TRANSPORTATION FUELS State. Committee on Energy and Natural Resources: Committee concluded oversight hearings to examine the current WEN HO LEE INVESTIGATION status and winter outlook of the current crude oil, Committee on the Judiciary/Select Committee on Intel- heating and transportation fuel markets, Energy In- ligence: Committees concluded joint oversight hear- formation Administration’s short-term forecast for ings to examine certain decisions that were made in these markets, and energy price prospects, after re- the investigation and prosecution of the Wen Ho ceiving testimony from Bill Richardson, Secretary, Lee case, after receiving testimony from Janet Reno, and Mark J. Mazur, Acting Administrator, Energy Attorney General, and Louis J. Freeh, Director, Fed- Information Administration, both of the Department eral Bureau of Investigation, both of the Department of Energy; Paul Vermylen, Meenan Oil Co., Syosset, of Justice; Norman Bay, United States Attorney for New York, on behalf of the Independent Fuel Ter- the District of New Mexico; and T.J. Glauthier, minal Operators Association; John J. Huber, Petro- Deputy Secretary of Energy. leum Marketers Association of America, Arlington, Virginia; John C. Felmy, American Petroleum Insti- FOOD AND BIOTECHNOLOGY tute, and Lee Fuller, Independent Petroleum Associa- Committee on Health, Education, Labor, and Pensions: tion of America, both of Washington, D.C.; and Committee concluded hearings to examine issues re- Laurence W. Downes, New Jersey Resources Cor- lated to biotechnology and genetically engineered poration, Wall, on behalf of the American Gas Asso- food, and the measures needed to ensure consumer ciation. safety and confidence with respect to these food products, after receiving testimony from Senators SMALL COMMUNITIES EPA IMPROVEMENTS Boxer and Bond; Joseph A. Levitt, Director, Center Committee on Environment and Public Works: Com- for Food Safety and Applied Nutrition, Food and mittee concluded hearings on S. 1763, to amend the Drug Administration, Department of Health and Solid Waste Disposal Act to reauthorize the Office Human Services; Bruce R. Stillings, Food and Agri- of Ombudsman of the Environmental Protection culture Consultants, Inc., on behalf of the Institute Agency, S. 1915, to enhance the services provided by of Food Technologists, and Michael J. Phillips, Bio- the Environmental Protection Agency to small com- technology Industry Organization, both of Wash- munities that are attempting to comply with na- ington, D.C.; Vern Grubinger, University of tional, State, and local environmental regulations, S. Vermont Center for Sustainable Agriculture, 2296, to provide grants for special environmental as- Brattleboro; and Michael K. Hansen, Consumers sistance for the regulation of communities and habi- Union, Yonkers, New York.

VerDate 11-MAY-2000 06:31 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 5627 E:\CR\FM\D26SE0.REC pfrm04 PsN: D26SE0 September 26, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D971 House of Representatives use in such system, amended (H. Rept. 106–900 Pt. Chamber Action 1). Bills Introduced: 20 public bills, H.R. 5291–5310; H. Res. 594, providing for consideration of the and 4 resolutions, H. Con. Res. 409–410, and H. Senate amendment to H.R. 4365, to amend the Res. 594–595, were introduced. Pages H8199±H8200 Public Health Service Act with respect to children’s Reports Filed: Reports were filed today as follows. health (H. Rept. 106–901); and H.R. 1795, to amend the Public Health Service H. Res. 595, waiving a requirement of clause 6(a) Act to establish the National Institute of Biomedical of rule XIII with respect to consideration of certain Imaging and Engineering, amended (H. Rept. resolutions reported from the Committee on Rules 106–889); (H. Rept. 106–902). Page H8199 H.R. 4613, to amend the National Historic Pres- Guest Chaplain: The prayer was offered by the ervation Act for purposes of establishing a national guest Chaplain, Rev. Jerry Pruitt of Beloit, Wis- historic lighthouse preservation program, amended consin. Page H8065 (H. Rept. 106–890); Journal: Agreed to the Speaker’s approval of the H.R. 1248, to prevent violence against women, Journal of Monday, Sept. 25 by a yea and nay vote amended (H. Rept. 106–891, Pt. 1); of 332 yeas to 47 nays with 1 voting ‘‘present’’, Roll H.R. 3414, a private bill for the relief of Luis A. No. 488. Pages H8065, H8067±68 Leon-Molina, Ligia Padron, Juan Leon Padron, Recess: The House recessed at 9:20 a.m. and recon- Rendy Leon Padron, Manuel Leon Padron, and Luis vened at 10 a.m. Page H8065 Leon Padron (H. Rept. 106–892); H.R. 3184, a private bill for the relief of Zohreh FY 2001 Continuing Appropriations: The House Farhang Ghahfarokhi (H. Rept. 106–893); passed H.J. Res. 109, making continuing appropria- H.R. 848, a private bill for the relief of Sepandan tions for the fiscal year 2001 by a yea and nay vote Farnia and Farbod Farnia (H. Rept. 106–894). of 415 yeas to 2 nays, Roll No. 493. Pages H8114±23 H.R. 4835, to authorize the exchange of land be- H. Res. 591, the rule that provided for consider- tween the Secretary of the Interior and the Director ation of the joint resolution was agreed to by voice of Central Intelligence at the George Washington vote. Pages H8108±14 Memorial Parkway in McLean, Virginia (H. Rept. Suspensions: The House agreed to suspend the rules 106–895, Pt. 1); and pass the following measures: H.R. 5036, to amend the Dayton Aviation Herit- Missing Children Tax Fairness: H.R. 5117, age Preservation Act of 1992 to clarify the areas in- amended, to amend the Internal Revenue Code of cluded in the Dayton Aviation Heritage National 1986 to clarify the allowance of the child credit, the Historical Park and to authorize appropriations for deduction for personal exemptions, and the earned that park (H. Rept. 106–896); income credit for missing children (passed by a yea H.R. 4904, to express the policy of the United and nay vote of 419 yeas with none voting ‘‘nay’’, States regarding the United States relationship with Roll No. 489); Pages H8068±72, H8105±06 Native Hawaiians, amended (H. Rept. 106–897); Baylee’s Law: H.R. 4519, amended, to amend S. 1030, to provide that the conveyance by the the Public Buildings Act of 1959 concerning the Bureau of Land Management of the surface estate to safety and security of children enrolled in childcare certain land in the State of Wyoming in exchange facilities located in public buildings under the con- for certain private land will not result in the removal trol of the General Services Administration. Agreed of the land from operation of the mining laws (H. to amend the title; Pages H8072±75 Rept. 106–898); S. 426, to amend the Alaska Native Claims Settle- Apollo Exploration Award: H.R. 2572, to direct ment Act, to provide for a land exchange between the Administrator of NASA to design and present an the Secretary of Agriculture and the Huna Totem award to the Apollo astronauts (passed by a yea and Corporation (H. Rept. 106–899); nay vote of 419 yeas with none voting ‘‘nay’’, Roll H.R. 4640, to make grants to States for carrying No. 490); Pages H8075±78, H8106 out DNA analyses for use in the Combined DNA Electronic Commerce Enhancement: H.R. 4429, Index System of the Federal Bureau of Investigation, amended, to require the Director of the National In- to provide for the collection and analysis of DNA stitute of Standards and Technology to assist small samples from certain violent and sexual offenders for and medium-sized manufacturers and other such

VerDate 11-MAY-2000 06:31 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26SE0.REC pfrm04 PsN: D26SE0 D972 CONGRESSIONAL RECORD — DAILY DIGEST September 26, 2000 businesses to successfully integrate and utilize elec- age National Historical Park and to authorize appro- tronic commerce technologies and business practices. priations for that park; Pages H8143±44 Agreed to amend the title; Pages H8079±81 Expansion of Gettysburg National Park to In- Small Business Regulatory Assistance: H.R. clude Wills House Where President Lincoln Edited 4946, amended, to amend the Small Business Act to His Gettysburg Address: S. 1324, to expand the direct the Administrator of the Small Business Ad- boundaries of the Gettysburg National Military Park ministration to establish a pilot program to provide to include Wills House—clearing the measure for regulatory compliance assistance to small business the President; Pages H8144±46 concerns; Pages H8081±84 United States Relationship with Native Hawai- Export Working Capital Loan Improvement: ians: H.R. 4904, amended, to express the policy of H.R. 4944, to amend the Small Business Act to per- the United States regarding the United States rela- mit the sale of guaranteed loans made for export tionship with Native Hawaiians. Agreed to amend purposes before the loans have been fully disbursed the title; Pages H8146±53 to borrowers; Pages H8084±86 George Washington Memorial Parkway, Vir- Violence Against Women Act: H.R. 1248, ginia Land Exchange: H.R. 4835, to authorize the amended, to prevent violence against women (passed exchange of land between the Secretary of the Inte- by a yea and nay vote of 415 yeas to 3 nays, Roll rior and the Director of Central Intelligence at the No. 491); Pages H8086±H8105, H8106±07 George Washington Memorial Parkway in McLean, 25th Anniversary of the Helsinki Final Act: Virginia; Pages H8153±54 H.J. Res. 100, calling upon the President to issue Protection of Infants Who Are Born Alive: H.R. a proclamation recognizing the 25th anniversary of 4292, amended, to protect infants who are born alive the Helsinki Final Act (debated on Monday, Sept. (a yea and nay vote of 380 yeas to 15 nays with 3 25 and passed by a yea and nay vote of 413 yeas voting ‘‘present’’, Roll No. 495); Pages H8154±62 with none voting ‘‘nay’’, Roll No. 492); Peace Process in Northern Ireland—Urging the Pages H8107±08 Implementation of the Patten Commission Report Beaches Environmental Assessment, Cleanup, on Policing: H. Res. 547, amended, expressing the and Health Act: Concurred in the Senate amend- sense of the House of Representatives with respect to ment to H.R. 999, to amend the Federal Water Pol- the peace process in Northern Ireland; Pages H8163±76 lution Control Act to improve the quality of coastal Loan Forgiveness for Teachers: H.R. 5034, to ex- recreation waters—clearing the measure for the pand loan forgiveness for teachers; Pages H8180±84 President; Pages H8132±36 Congratulating Home Educators and Home Effigy Mounds National Monument, Iowa: H.R. Schooled Students: H. Res. 578, congratulating 3745, amended, to authorize the addition of certain home educators and home schooled students across parcels to the Effigy Mounds National Monument, the Nation for their ongoing contributions to edu- Iowa; Pages H8136±37 cation and for the role they play in promoting and Historic Lighthouse Preservation: H.R. 4613, ensuring a brighter, stronger future for this Nation; amended, to amend the National Historic Preserva- Pages H8184±88 tion Act for purpose of establishing a national his- American Buffalo Coin Commemorative Coin toric lighthouse preservation program; Pages H8137±40 Act: H.R. 4259, to require the Secretary of the National Trails System Amendments: H.R. Treasury to mint coins in commemoration of the 2267, amended, to amend the National Trails Sys- National Museum of the American Indian of the tem Act to clarify Federal authority relating to land Smithsonian Institution; Pages H8188±91 acquisition from willing sellers for the majority of Coin Clarification Act: H.R. 5273, to clarify the the trails; Pages H8140±41 intention of the Congress with regard to the author- Lincoln County, Nevada Land Act: H.R. 2752, ity of the United States Mint to produce numismatic amended, to give Lincoln County, Nevada, the right coins. Pages H8191±92 to purchase at fair market value certain public land Suspensions Proceedings Postponed—Opposition located within that county. Agreed to amend the to Unilateral Declaration of a Palestinian State: title; Pages H8141±43 Proceedings were postponed on the motion to sus- Dayton Aviation Heritage Preservation Amend- pend the rules and pass H.R. 5272, amended, to ments: H.R. 5036, amended, to amend the Dayton provide for a United States response in the event of Aviation Heritage Preservation Act of 1992 to clar- a unilateral declaration of a Palestinian state. ify the areas included in the Dayton Aviation Herit- Pages H8176±79

VerDate 11-MAY-2000 06:31 Sep 27, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D26SE0.REC pfrm04 PsN: D26SE0 September 26, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D973 Suspension Failed—Small Business Liability Re- 5291, amended, Beneficiary Improvement and Pro- lief: The House failed to suspend the rules and pass tection Act of 2000. H.R. 5175, amended, to provide relief to small busi- nesses from liability under the Comprehensive Envi- IMPORTANCE OF LITERACY ronmental Response, Compensation, and Liability Committee on Education and the Workforce: Held a hear- Act of 1980 (with 2⁄3 required for passage, failed to ing on the Importance of Literacy. Testimony was pass by a yea and nay vote of 253 yeas to 161 nays, heard from public witnesses. Roll No. 494). Pages H8123±32, H8154 FEDERAL PRISON INDUSTRIES Consideration of Measures on Wednesday, Sept. Committee on Education and the Workforce: Sub- 27: Agreed that it be in order at any time on committee on Oversight and Investigations held a Wednesday, September 27 for the Speaker to enter- hearing on Federal Prison Industries (FPI): Diverting tain motions to suspend the rules and pass or adopt Federal Property from the Computers for Learning the following measures: H.R. 1795, National Insti- and Other Programs to Expand FPI’s Commercial tute of Biomedical Imaging and Engineering Estab- Sales. Testimony was heard from Victor Arnold-Bic, lishment; H.R. 2641, Technical Corrections to Title Acting Director, Property Management Division, X of the Energy Policy Act; H.R. 2346, Enforce- Federal Supply Services, GSA; Sherry Low, Chief, ment of FCC Regulations on the Use of Citizens Reutilization, Transfer, and Donation Business Unit, Band Radio Equipment; H. Res. 576, Childhood Defense Reutilization and Marketing Service, De- Cancer Awareness, Treatment, and Research; S. fense Logistics Agency, Department of Defense; and 1295, Designation of the Lance Corporal Harold public witnesses. Gomez Post Office in East Chicago, Indiana. Further agreed that it be in order to direct the Clerk to call MISSING WHITE HOUSE E-MAILS up the bill H.R. 3100, Know Your Caller Act, on Committee on Government Reform: Held a hearing on the Corrections Calendar. Pages H8179±80 ‘‘Contacts Between Northrup Grumman Corporation Correction of Enrollment: The House agreed to H. and the White House Regarding Missing White Con. Res. 409, directing the Clerk of the House of House E-Mails.’’ Testimony was heard from Alan Representatives to make corrections in the enroll- Gershel, Deputy Assistant Attorney General, Depart- ment of H.R. 1654, NASA Authorization Act. ment of Justice. Pages H8078±79 WILDLAND FIREFIGHTERS PAY Senate Message: Message received from the Senate appears on page H8063. Committee on Government Reform: Subcommittee on Civil Service held a hearing on Wildland Firefighters Quorum Calls—Votes: Eight yea and nay votes de- Pay: Are There Inequities? Testimony was heard veloped during the proceedings of the House today from Representatives Pombo and Udall of New Mex- and appears on pages H8067–68, H8105–06, ico; Henry Romero, Associate Director, Workforce H8106, H8106–07, H8107–08, H8123, H8154, Compensation and Performance, OPM; and a public and H8162. There were no quorum calls. witness. Adjournment: The House met at 9 a.m. and ad- PEACE THROUGH NEGOTIATIONS ACT; journed at 11:53 p.m. U.N. INSPECTIONS OF IRAQ’S WEAPONS Committee on International Relations: Favorably consid- Committee Meetings ered the following bill and adopted a motion urging COUNTRY-OF-ORIGIN MEAT LABELING the Chairman to request that it be considered on the ACT Suspension Calendar: H.R. 5272, amended, Peace Committee on Agriculture: Subcommittee on Livestock Through Negotiations Act of 2000. and Horticulture held a hearing on H.R. 1144, The Committee also held a hearing on U.N. In- Country-of-Origin Meat Labeling Act of 1999. Tes- spections of Iraq’s Weapons of Mass Destruction timony was heard from Senator Johnson; Caren A. Program: Has Saddam Won? Testimony was heard Wilcox, Deputy Under Secretary, Food Safety, from public witnesses. USDA; and public witnesses. MISCELLANEOUS MEASURES MISCELLANEOUS MEASURES Committee on the Judiciary: Ordered reported, as Committee on Commerce: Ordered reported the fol- amended, the following bills: H.R. 5018, Electronic lowing bills: H.R. 1798, Clinical Research Enhance- Communications Privacy Act of 2000; and H.R. ment Act of 1999; H.R. 762, amended, Lupus Re- 2121, Secret Evidence Repeal Act of 1999. search and Care Amendments of 1999; and H.R. The Committee also approved private relief bills.

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CHILDREN’S HEALTH ACT OF 2000 CONCUR STATUS OF COUNTERESPIONAGE IN THE SENATE AMENDMENT INVESTIGATIONS Committee on Rules: Granted by voice vote, a rule Permanent Select Committee on Intelligence: Met in execu- waiving all points of order against a motion to con- tive session to hold a hearing on Status of Counter- cur in the Senate amendment to H.R. 4365, to espionage Investigations. Testimony was heard from amend the Public Health Service Act with respect to departmental witnesses. children’s health. The rule provides one hour of de- bate on the motion equally divided and controlled Joint Meetings by the chairman and ranking minority member of the Committee on Commerce. Testimony was heard VETERANS PROGRAMS from Representative Scott. Joint Hearing: Senate Committee on Veterans’ Affairs concluded joint hearings with the House Committee SAME DAY CONSIDERATION OF CERTAIN on Veterans’ Affairs to review the legislative rec- RESOLUTIONS REPORTED BY THE RULES ommendations of the American Legion, after receiv- COMMITTEE ing testimony from Ray G. Smith, American Legion, Committee on Rules: Granted, by voice vote, a rule Washington, D.C. waiving clause 6(a) of rule XIII (requiring a two- TRAFFICKING VICTIMS PROTECTION ACT thirds vote to consider a rule on the same day it is reported from the Rules Committee) against certain Conferees met to resolve the differences between the resolutions reported from the Rules Committee. The Senate and House passed versions of H.R. 3244, to rule applies the waiver to a special rule reported on combat trafficking of persons, especially into the sex the legislative day of September 27, 2000, providing trade, slavery, and slavery-like conditions in the for consideration or disposition of a conference report United States and countries around the world through prevention, through prosecution and en- to accompany the bill (H.R. 4578) making appro- forcement against traffickers, and through protection priations for the Department of the Interior and re- and assistance to victims of trafficking, but did not lated agencies for the fiscal year ending September complete action thereon, and recessed subject to call. 30, 2001, or any amendment reported in disagree- ment from a conference thereon. Finally, the rule f lays H. Res. 586 and 592 on the table. COMMITTEE MEETINGS FOR WEDNESDAY, SEPTEMBER 27, 2000 TAX CODE AND THE NEW ECONOMY (Committee meetings are open unless otherwise indicated) Committee on Ways and Means: Subcommittee on Oversight held a hearing on the Tax Code and the Senate New Economy. Testimony was heard from Rep- Committee on Agriculture, Nutrition, and Forestry: Sub- resentative Minge; Jonathan Talisman, Acting As- committee on Research, Nutrition, and General Legisla- sistant Secretary, Tax Policy, Department of the tion, to hold hearings on Department of Agriculture fi- Treasury; and public witnesses. nancial management issues, 9:30 a.m., SR–328A. Committee on Armed Services: to hold hearings to examine Hearings continue September 28. the status of U.S. military readiness, 9 a.m., SH–216. Committee on Commerce, Science, and Transportation: to SOCIAL SECURITY NOTICES hold hearings to examine the marketing of violence to Committee on Ways and Means: Subcommittee on So- children, 9:30 a.m., SR–253. cial Security held a hearing on Social Security No- Committee on Environment and Public Works: Sub- committee on Clean Air, Wetlands, Private Property, and tices. Testimony was heard from William A. Halter, Nuclear Safety, to hold hearings on proposed legislation Deputy Commissioner, SSA; and Barbara D. authorizing funds for programs of the Clean Air Act, Bovbjerg, Associate Director, Education, Workforce 2:15 p.m., SD–406. and Income Security Issues, Health, Education, and Committee on Finance: business meeting to mark up Human Services Division, GAO. H.R. 4844, to modernize the financing of the railroad re- tirement system and to provide enhanced benefits to em- UPDATE ON DOE/NNSA BRIEFING ployees and beneficiaries, 10 a.m., SD–215. Committee on Foreign Relations: business meeting to con- Permanent Select Committee on Intelligence: Met in execu- sider pending calendar business, 2:30 p.m., S–116 Cap- tive session to receive a briefing on Update on DOE/ itol. NNSA. The Committee was briefed by departmental Committee on Governmental Affairs: business meeting to witnesses. consider pending calendar business, 9:30 a.m., SD–342.

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Committee on Indian Affairs: to hold hearings on S. Committee on International Relations, hearing on Russia: 2052, to establish a demonstration project to authorize How Vladimir Putin Rose to Power and What America the integration and coordination of Federal funding dedi- Can Expect, 10 a.m., 2172 Rayburn. cated to community, business, and the economic develop- Subcommittee on Africa, hearing on AIDS in Africa: ment of Native American communities; to be followed by Steps to Prevention, 2 p.m., 2172 Rayburn. a business meeting to consider pending calendar business, Committee on Science, hearing on Computer Security 9:30 a.m., SR–485. Lapses: Should FAA Be Grounded? 10 a.m., 2318 Ray- Select Committee on Intelligence: to hold closed hearings on burn. pending intelligence matters, 2:30 p.m., SH–219. Committee on Transportation and Infrastructure, to consider Committee on the Judiciary: Subcommittee on Criminal the following: GSA’s Fiscal Year 2001 Leasing Program; Justice Oversight, to hold oversight hearings to examine an amendment to a previous resolution in Laredo, Texas; the Wen Ho Lee case, 9 a.m., SD–226. and other pending business, 3 p.m., 2167 Rayburn. Subcommittee on Economic Development, Public House Buildings, Hazardous Materials and Pipeline Transpor- Committee on Agriculture, hearing to review the imple- tation, to consider the following: GSA’s Fiscal Year 2001 mentation of the Agricultural Risk Protection Act of Leasing Program; an amendment to a previous resolution 2000, 10 a.m., 1300 Longworth. in Laredo, Texas; and other pending business, 2 p.m., Committee on Armed Services, hearing on the state of the 2253 Rayburn. Armed Services and future military requirements, 2 p.m., Committee on Veterans’ Affairs, Subcommittee on Bene- 2118 Rayburn. fits, hearing on licensing and credentialing of military job Committee on Commerce, Subcommittee on Telecommuni- skills for civilian employment, 10 a.m., 334 Cannon. cations, Trade and Consumer Protection, hearing on the Subcommittee on Oversight and Investigations, hearing Future of the Interactive Television Services Marketplace: on the Veterans Employment and Training Service pro- What Should Consumers Expect? 9 a.m., and to continue gram effectiveness and strategic planning, 10 a.m., 340 markup of H.R. 5154, Transportation Information Recall Cannon. Enhancement Act, 11 a.m., 2322 Rayburn. Committee on Ways and Means, Subcommittee on Committee on Education and the Workforce, hearing on Human Resources, to mark up the Flexible Funding for Urban Renewal in Minority Communities, 10:30 a.m., Child Protection Act of 2000, 10:30 a.m., B–318 Ray- 2175 Rayburn. burn. Committee on Government Reform, Subcommittee on Na- tional Security, Veterans’ Affairs, and International Rela- Joint Meetings tions, hearing on Gulf War Veterans: Linking Exposures Joint Economic Committee: to hold hearings on strategic to Illnesses, 10 a.m., 2247 Rayburn. petroleum reserve, 10 a.m., 2360 Rayburn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 27 10 a.m., Wednesday, September 27

Senate Chamber House Chamber Program for Wednesday: After the recognition of five Program for Wednesday: Consideration of the Senate Senators for speeches and the transaction of any morning amendment to H.R. 4365, Consideration of H.R. 3100, business (not to extend beyond 10:30 a.m.), Senate will Know Your Caller Act, (Corrections Calendar); Consider- continue consideration of S. 2045, H–1B Nonimmigrant ation of Suspensions: Visa. 1. H.R. 1795, National Institute of Biomedical Imag- ing and Engineering Establishment; 2. H.R. 2641, Technical Corrections to Title X of the Energy Policy Act; 3. H.R. 2346, Enforcement of FCC Regulations on the Use of Citizens Band Radio Equipment; 4. H. Res. 576, Increasing Childhood Cancer Aware- ness, Treatment, and Research; and 5. S. 1295, Designation of Lance Corporal Harold Gomez Post Office, East Chicago, Indiana.

Extensions of Remarks, as inserted in this issue

HOUSE Fossella, Vito, N.Y., E1596 McInnis, Scott, Colo., E1591, E1592 Gekas, George W., Pa., E1596 Miller, George, Calif., E1595 Baldwin, Tammy, Wisc., E1593 Hoeffel, Joseph M., Pa., E1593, E1594 Stark, Fortney Pete, Calif., E1591, E1595 Berry, Marion, Ark., E1591, E1592 Jackson-Lee, Sheila, Tex., E1593, E1595 Woolsey, Lynn C., Calif., E1596 Burton, Dan, Ind., E1596 Johnson, Nancy L., Conn., E1593 Young, Don, Alaska, E1596 Clement, Bob, Tenn., E1596 Lantos, Tom, Calif., E1594 Eshoo, Anna G., Calif., E1592, E1594 Linder, John, Ga., E1597

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