Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, JUNE 11, 2002 No. 76 House of Representatives The House met at 12:30 p.m. and was BELL, Mr. CRAIG, Mrs. HUTCHISON, and real drug benefit but investing only called to order by the Speaker pro tem- Mr. DEWINE, to be the conferees on the about one-third of the dollars needed to pore (Mr. BOOZMAN). part of the Senate. deliver real drug coverage. By starting f f with 80 percent coverage, which makes their plan look generous, then increas- MORNING HOUR DEBATES DESIGNATION OF SPEAKER PRO ing the cost-sharing, the cost that sen- TEMPORE The SPEAKER pro tempore. Pursu- iors actually pay, dramatically as a ant to the order of the House of Janu- The SPEAKER pro tempore laid be- senior’s prescription drug price costs ary 23, 2002, the Chair will now recog- fore the House the following commu- rise. Under the Republican plan, sen- nize Members from lists submitted by iors who spend more than $2,000 lose nication from the Speaker: the majority and minority leaders for WASHINGTON, DC, their coverage altogether, no more cov- morning hour debates. The Chair will erage for the next $2,500 in expenses. June 11, 2002. alternate recognition between the par- I hereby appoint the Honorable JOHN Find me a single health insurance plan ties, with each party limited to not to BOOZMAN to act as Speaker pro tempore on in the private sector that increases the this day. exceed 30 minutes, and each Member, cost-sharing burden as an enrollee’s J. DENNIS HASTERT, except the majority leader, the minor- costs go up. Speaker of the House of Representatives. ity leader, or the minority whip, lim- The Republican plan is so skeletal ited to not to exceed 5 minutes. that seniors would still need supple- f The Chair recognizes the gentleman mental prescription drug coverage if from Ohio (Mr. BROWN) for 5 minutes. MESSAGE FROM THE SENATE they wanted protection against high A message from the Senate by Mr. f drug prices. The majority may dress up Monahan, one of its clerks, announced REPUBLICAN PRESCRIPTION DRUG their plan in appealing rhetoric, but it that the Senate has passed with an PLAN is still a cheap imitation of real pre- amendment in which the concurrence Mr. BROWN of Ohio. Here we go scription drug coverage. of the House is requested, a bill of the again, Mr. Speaker. Americans are still The Republicans’ second goal is to do House of the following title: paying two and three and four times the bidding, no surprise here, of the H.R. 4775. An act making supplemental ap- more for their prescription drugs than prescription drug industry which, of propriations for further recovery from and consumers in any other nation in the course, favors the private plan ap- response to terrorist attacks on the United world. Twelve million seniors lack any proach. Remember the Flo ads from a States for the fiscal year ending September couple years back, the ones where Flo 30, 2002, and for other purposes. form of prescription drug coverage, and millions more have inadequate cov- said she did not want the government The message also announced that the erage. in her medicine cabinet? Those ads Senate insists upon its amendment to My Republican friends are poised to were funded by the drug industry. They the bill (H.R. 4775) ‘‘An Act making introduce prescription drug legislation were intended to demonize the idea of supplemental appropriations for fur- that does not address either of these adding a drug benefit to the existing ther recovery from and response to ter- concerns. That is because the goal of Medicare program. The drug industry rorist attacks on the United States for their legislation is not to deliver mean- favors bypassing Medicare and forcing the fiscal year ending September 30, ingful prescription drug benefits to seniors into private prescription drug 2002, and for other purposes,’’ requests seniors or get a grip on unjustifiably plans. a conference with the House agreeing high prices. Their goals are, one, to try Be prepared for the majority to claim votes of the two Houses thereon, and to look responsive to the concerns of its plan cuts drug prices by 30 percent appoints senior voters and their families, with- per prescription. The Republican plan Mr. BYRD, Mr. INOUYE, Mr. HOLLINGS, out actually investing enough to be re- does not cut drug prices by 30 percent, Mr. LEAHY, Mr. HARKIN, Ms. MIKULSKI, sponsive to their concerns; second, to in spite of what they say. Their plan Mr. REID, Mr. KOHL, Mrs. MURRAY, Mr. do the bidding of the prescription drug reduces drug spending, not prices, and DORGAN, Mrs. FEINSTEIN, Mr. DURBIN, industry, which is what my Republican they do that mostly by restricting sen- Mr. JOHNSON, Ms. LANDRIEU, Mr. REED, friends always do; and, third, to pri- iors’ access to higher priced necessary Mr. STEVENS, Mr. COCHRAN, Mr. SPEC- vatize Medicare, the best health care medicines. TER, Mr. DOMENICI, Mr. BOND, Mr. system this country has ever seen. They are not doing seniors any favors MCCONNELL, Mr. BURNS, Mr. SHELBY, How do they win political points? By with that strategy, and they certainly Mr. GREGG, Mr. BENNETT, Mr. CAMP- mimicking some of the features of a are not challenging their corporate

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.

H3299

VerDate 11-MAY-2000 01:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.000 pfrm01 PsN: H11PT1 H3300 CONGRESSIONAL RECORD — HOUSE June 11, 2002 sponsors, the drug industry’s ugly tleman from Florida (Mr. STEARNS) is DeMint; passage vote 420–0 (Republicans 213– habit of charging American consumers recognized during morning hour de- 0, Democrats 205–0). the highest prices in the world for bates for 5 minutes. May 26, 2001—Bush Tax Cut (Signed into law by President Bush): Conference Report drugs our tax dollars, our research, our Mr. STEARNS. Mr. Speaker, I was on H.R. 1836, the Economic Growth and Tax NIH helped produce. not going to comment on the speech of Relief Reconciliation Act of 2001, by Rep. I recently received a letter from a the previous speaker, but since he men- Bill Thomas; passage vote 240–154 (Repub- constituent who last year took a bus tioned my name, I will say that the licans 211–0, Democrats 28–153). and purchased his medicines in Canada. plan that he is proposing is basically a July 19, 2001—Tax Provisions in Faith- He said the only side effect from those new government program operating Based Initiative: H.R. 7, the Community So- out of HCFA, which is the government lutions Act of 2001, by Rep. J.C. Watts; pas- drugs was that he saved $2,000. Same sage vote 233–198 (Republicans 217–4, Demo- medicines, same quality, $2,000 less. body that administers this program for crats 15–193). The savings is significantly more than prescription drugs. What Republicans August 2, 2001—Tax Provisions in Energy most seniors would save by signing up want to do is provide a drug program Bill: H.R. 4, the SAFE Act of 2001, by Rep. for the Republican prescription drug like we, as Members of Congress and Billy Tauzin; passage vote 240–189 (Repub- plan. the Senate and the President, have. It licans 203–16, Democrats 36–172). is patterned after the Federal Em- August 2, 2001—Tax Provisions in Patients’ The second goal of my Republican Bill of Rights: An amendment to H.R. 2563, colleagues is not to rock the boat when ployee Health Benefit program, which the Bipartisan Patient Protection Act, by it comes to drug industry pricing. is a private program. So the whole gist Rep. Bill Thomas; passage vote 236–194 (Re- Never upset the prescription drug com- of what he is saying comes down to a publicans 217–2, Democrats 18–191). pany, one of their biggest contributors. new government agency versus a pro- September 13, 2001—Terrorist Victims Tax The third goal is to privatize Medi- gram similar to the one Members of Relief Bill (Signed into law by President Bush): H.R. 2884, the Victims of Terrorism care. The Republican prescription drug Congress have. I really think the people of America, our constituents, would Relief Act of 2001, by Rep. Bill Thomas; pas- plan not only bypasses Medicare by sage vote 418–0, (Republicans 214–0, Demo- promoting private prescription drug like to have the same health care I crats 202–0). plans, it would phase out Medicare as have, the same prescription drug pro- October 24, 2001—Economic Stimulus Pack- an entitlement and phase in a gram I have, and not a new government age: H.R. 3090, the Economic Security and privatized, defined contribution pro- program. Recovery Act of 2001, by Rep. Bill Thomas; passage vote 216–214 (Republicans 212–7, gram. Medicare beneficiaries would re- Mr. Speaker, as the gentleman mentioned, I am here to talk about the Democrats 3–206). ceive a voucher to cover part of the December 20, 2001—Economic Stimulus cost of the private insurance. Wealthi- Permanent Death Tax Repeal Act this Package: H.R. 3529, the Economic Security er citizens would supplement that body passed. Actually, Mr. Speaker, we and Worker Assistance Act of 2001, by Rep. voucher to get better coverage. Lower have passed 22 tax cuts bills for the Bill Thomas; passage vote 244–193 (Repub- income seniors will just have to take 107th Congress. Now some of these tax licans 214–2, Democrats 9–190). February 14, 2002—Economic Stimulus what they get. cuts were not passed by the Senate, were not signed by the President, but Package: An amendment to the Senate If the majority want to end the Medi- amendment to H.R. 622, renamed the Eco- care entitlement and abandon the prin- we passed all of these in the House, for nomic Security and Workers Assistance Act ciples that all Medicare beneficiaries, example, foster care. We had a tax of 2002, by Rep. Bill Thomas; passage vote everyone in this country over the age credit for foster care. We had an adop- 225–199 (Republicans 214–1, Democrats 10–197). of 65, are entitled to good health care tion tax credit. We had a tax credit in March 7, 2002—Tax Provisions in Unem- ployment Benefits and Jobs Bill (Signed into coverage, they should not hide behind the energy bill. We had a tax credit for victims of terrorism. We had a tax cut law by President Bush): An amendment to prescription drug coverage to do that. the Senate Amendment of H.R. 3090, renamed They should say, yes, we want to pri- for pension plans. The Marriage Pen- the Job Creation and Worker Assistance Act vatize Medicare. alty Relief Tax Acceleration Act was of 2002, by Rep. Bill Thomas; passage vote I am working with other interested passed on May 21 of this year. We had 417–3 (Republicans 218–0, Democrats 197–3). Members on legislation that adds a real an adoption tax credit and we had Hol- April 11, 2002—Tax Provision in Pension Reform Bill: H.R. 3762, the Pension Security prescription drug benefit to Medicare, ocaust victims tax credits. Mr. Speaker, all of these 22 tax cut Act of 2002, by Rep. John Boehner; passage that harnesses the collective pur- vote 255–163 (Republicans 208–2, Democrats chasing power of Medicare bene- bills passed by the House are as fol- 46–160). ficiaries to drive drug prices down, lows: April 18, 2002—Make Permanent the Bush which is what other countries, espe- 22 TAX CUT BILLS PASS THE HOUSE—107TH Tax Cut: An amendment to the Senate cially Canada, do to get lower drug CONGRESS, 2001–2002 amendment on H.R. 586, renamed the Tax March 8, 2001—Across-the-Board Income Relief Guarantee Act of 2002, by Rep. Bill prices and that does not use prescrip- Thomas; passage vote 229–198 (Republicans tion drug coverage as their method to Tax Relief: H.R. 3, the Economic Growth and Tax Relief Act of 2001, by Rep. Bill Thomas; 219–1, Democrats 9–196). privatize Medicare. passage vote 230–198 (Republicans 219–0, May 21, 2002—Acceleration of Marriage We are the richest country in the Democrats 10–197). Penalty Relief and new WOTC Reforms: H.R. world. We owe our prosperity to the re- March 29, 2001—Marriage Penalty Tax Re- 4626, the Encouraging Work and Supporting tirees who built this country. If we can lief: H.R. 6, the Marriage Penalty and Fam- Marriage Act of 2002, by Rep. Amo Houghton; ily Tax Relief Act of 2001, by Rep. Jerry passage vote 409–1 (Republicans 211–0, Demo- afford trillion dollar tax cuts, which crats 196–1). my friend, the gentleman from Florida Weller; passage vote 282–144 (Republicans 217–0, Democrats 64–143). June 4, 2002—Make Permanent the Ex- (Mr. STEARNS), will talk about in a mo- April 4, 2001—Death Tax Repeal: H.R. 8, the panded Adoption Tax Credit: H.R. 4800, to re- ment, if we can afford trillion dollar Death Tax Elimination Act of 2001, by Rep. peal the sunset of the Economic Growth and tax cuts that go overwhelmingly to the Jennifer Dunn; passage vote 274–154 (Repub- Tax Relief Reconciliation Act of 2001, with richest people in this country, we sure licans 215–3, Democrats 58–150). respect to the expansion of the adoption May 2, 2001—Retirement Savings and Pen- credit and adoption assistance programs, by can afford a real drug benefit for our Rep. Dave Camp; passage vote 391–1 (Repub- seniors. sion Reform: H.R. 10, the Comprehensive Re- tirement Security and Pension Reform Act licans 204–0, Democrats 185–1). Let us not trivialize the concerns of June 4, 2002—Make Permanent the Holo- of 2001, by Rep. Rob Portman; passage vote Medicare beneficiaries and every Amer- caust Victims Tax Benefit: H.R. 4823, the 407–24 (Republicans 219–1, Democrats 187–22). ican by sugarcoating paltry coverage May 15, 2001—Foster Care: H.R. 586, the Holocaust Restitution Tax Fairness Act of plans. The American public hired us to Fairness for Foster Care Families Act of 2002, by Rep. Clay Shaw; passage vote 392–1 (Republicans 205–0, Democrats 186–1). address their concerns, not to co-opt 2001, by Rep. Ron Lewis; passage vote under June 6, 2002—Make Permanent the Death suspension 420–0 (Republicans 215–0, Demo- them. Let us, for a change in this body, Tax Repeal: H.R. 2143, the Permanent Death do our job. crats 203–0). Tax Repeal Act of 2001, by Rep. Dave Weldon; May 16, 2001—Across-the-Board Income Tax f vote note held yet. Relief: 1836, the Economic Growth and Tax Prepared by the Office of the House Major- TAX LIMITATION AMENDMENT Relief Reconciliation Act of 2001, by Rep. ity Leader, 6/4/02 Bill Thomas; passage vote 230–197 (Repub- The SPEAKER pro tempore (Mr. licans 216–0, Democrats 13–196). Mr. Speaker, there is no greater de- BOOZMAN). Pursuant to the order of the May 17, 2001—Adoption Tax Credit: H.R. fining principle of our party than let- House of January 23, 2002, the gen- 622, the Hope for Children Act, by Rep. Jim ting taxpayers keep what they earn.

VerDate 11-MAY-2000 01:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.002 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3301 Time and time again we have shown when it comes to the House floor to Let us have the debate. Let us see tax relief is good policy and good poli- show our appreciation and to follow whether or not the statements that my tics. As we debate these bills, we have the mandates of a good Republic. colleague from Florida made have any the opportunity to reflect on our Na- f basis. tion’s Byzantine tax code and the prob- Everything that I have seen so far lem it imposes on the American tax- PRESCRIPTION DRUG BENEFIT about the Republicans and what they payers. The SPEAKER pro tempore. Pursu- are proposing is what I call a ‘‘privat- This week, Mr. Speaker, we will be ant to the order of the House of Janu- ization’’ of Medicare. They are saying considering important and meaningful ary 23, 2002, the gentleman from New that they want to bring up legislation legislation to address a shortcoming in Jersey (Mr. PALLONE) is recognized that would take some money, almost our tax system. Adopting the tax limi- during morning hour debates for 5 min- like a voucher, and throw it to private tation amendment would require pro- utes. insurance companies in the hope that spective tax increases to achieve a two- Mr. PALLONE. Mr. Speaker, I want they will provide drug-only policies to thirds vote which means it will be to talk about the need for a Medicare senior citizens who might be able to more difficult to have a recurrence of prescription drug benefit and particu- purchase such a policy and will get one of the largest tax increases passed larly point out the failures of the Re- some help with it. in 1993. Our Founding Fathers had the publican leadership in this House as We know that privatization, trying foresight to mandate a two-thirds ma- well as the President in that they are to get insurance companies to offer jority vote on certain priorities issues. not addressing this issue. They are not these kinds of drug-only policies, does The fourth President of the United bringing up the prescription drug ben- not work. The insurance executives, States, James Madison, a central fig- efit. I was interested in hearing what their trade group, have told Congress ure in the development of the Constitu- the previous speaker, my colleague, the and the committees that they will not tion and a vocal supporter of majority gentleman from Florida (Mr. STEARNS), work; they do not want to sell that rule, argued that the greatest threat to said about how the Republicans wanted kind of insurance. It is unbelievable liberty and Republic came from unre- every American or every senior to have why they are just not willing to do strained majority rule. And that is why the same kind of package that Con- what the Democrats have proposed and they proposed a two-thirds majority gressmen have. what most Americans want, which is to for conviction in impeachment trials, Well, I have no evidence of that. So expand Medicare, a very good program expulsion of a Member of Congress, and far the Republican leadership has that we have, yes, a government pro- to override a presidential veto, quorum talked about bringing up a prescription gram, that provides for seniors’ hos- of two-thirds in the Senate to elect a drug bill for about 2 months in a steady pital care, that provides for seniors’ President, consent to a treaty and pro- drumbeat that is going to happen this doctors’ bills, but does not provide for posing a constitutional amendment. week, it is going to happen next week, prescription drug, simply expand Medi- Daniel Webster, a great Member of it is going to happen next month; and care, very similar to what we do with this body, said, ‘‘The power to tax is a we have no bill. And the suggestions we part B, the coverage of doctor bills, and power to destroy.’’ Americans are sim- have seen about what kind of bill they allow people to pay a very low pre- ply taxed too much. The total tax bur- are going to come out with is basically mium per month. They get a good per- den is the highest since World War II. privatizing Medicare so that there is no centage of their prescription drug bills We have the Federal income tax, the guaranteed benefit at all. So when my paid for, and it is a guarantee under payroll tax, the gasoline tax, various colleague suggests that somehow sen- Medicare, a very good existing program other Federal excise taxes, finally, that works for senior citizens. State and local taxes. Wherever we iors under the Republican bill are I do not know why the Republicans turn, we can expect to pay a tax on going to get the same kind of benefit refuse to deal with this as an expansion something. Americans are paying taxes that Congressmen have, there is no in- of Medicare and instead talk about and at the same time they are trying dication of that whatsoever from the privatizing and giving some money to to pay off their debt. They have mort- Republican leadership. I have not seen insurance companies in the hope that gages, auto loans, credit card debt and anything to suggest that. somehow seniors will be covered. That school loans. Let me say now, once again, I think Americans also face the cost of com- many of my colleagues know that just is not what the gentleman from Flor- plying with this tax code. According to before the Memorial Day recess we ida suggested, but that is what we are the Tax Foundation, businesses and were told by the Republican leadership hearing from the Republican leader- nonprofit corporations as well as indi- in the House that they were going to ship. viduals will spend an estimated 5.8 bil- bring up a prescription drug bill for The problem with Republicans pro- lion hours complying with the Federal seniors. It was going to go to com- posal or what they are talking about is income Tax Code, with an estimated mittee 2 weeks before the Memorial it does not address cost, does not ad- compliance cost of almost $200 billion. Day recess. It was going to come to the dress price. The problem right now, not This amounts to imposing a 20.4 cent floor the week before the Memorial just for seniors but for all Americans, tax compliance charge for every dollar Day recess. It never happened. They is the cost of prescription drugs con- the income tax system collects. came back after the Memorial Day re- tinues to escalate, double digit infla- Raising taxes comes all too easy for cess. We had a week already that we tion for over the last 6 years. What we certain people here in Congress. It is were in session and they said we will need to control in some way are these the simplest solution for those who bring up the bill this week. Then they prices, and what the Democrats have have affinity for increased spending said we will bring up the bill next said is let us have something like part around here. But this week we have the week. Yesterday I heard that they were B Medicare, like we have for our doctor opportunity to make it harder to raise going to bring up the bill or announce bills where a person pays a very low taxes. In this country supreme power the bill this coming Thursday. No bill premium per month, they have a very resides in a body of citizens entitled to yet. I have not seen it. There has been low deductible. I think it is a $100 devote and is exercised by elected offi- no notice in any of our committees of ductible for the course of the year; 80 cials like ourselves and representatives jurisdiction, the Committee on Energy percent of the cost of their prescription responsible to them according to the and Commerce or the Committee on drugs are covered by the Federal Gov- law. Ways and Means, that we will see this ernment. By passing the tax limitation amend- prescription drug bill. Most important, we put a cost mech- ment, we adhere to this definition of a anism in place that we say under the 1245 Republic by requiring two-thirds of the b Democrats’ proposal that the Sec- Members, best representing the views So I am calling upon the Republican retary of Health and Human Services is of their constituents, to vote in favor leadership, let us address this issue. mandated to negotiate and bring prices of raising taxes. Seniors are hurting. They cannot af- down because now he is going to rep- So, Mr. Speaker, I urge my col- ford to pay for prescription drugs. A lot resent 30 or 40 million seniors, and he leagues to vote in favor of H.J. Res. 96 of them go without. Bring up the bill. will be able to negotiate better prices.

VerDate 11-MAY-2000 01:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.028 pfrm01 PsN: H11PT1 H3302 CONGRESSIONAL RECORD — HOUSE June 11, 2002 The Republicans do not talk about this is legislation to make permanent live together, they would have saved that. Not only does the Republican the marriage tax relief that was in the $1,150 a year. Jose and Magdalena leadership want to privatize and just Bush tax cut that we enacted 1 year Castillo were helped by the Bush tax give money to insurance companies, ago. cut, which originated right here in the but they do not suggest in any way Like many of my colleagues, I have House of Representatives; and I am that they are going to try to bring come to the floor over the last several proud to say that that was signed into down the cost. Why in the world would years asking a very fundamental ques- law last year, and for the next few private insurance companies just not tion, that is, Is it right, is it fair that years, the marriage tax penalty for the try to pass on all the costs and all the under our Tax Code married working Castillo family will be eliminated. money that the prescription drug com- couples paid higher taxes than two sin- If this Congress does nothing, it will panies make and simply pass it on to gle people who chose to live together? be made permanent, and I believe we seniors? We have to have some pricing Is it right, is it fair that 43 million need to help married working couples; mechanism, and that is what we are de- married working couples paid on aver- and this week, on Thursday, we are manding. age about $1,700 more in higher taxes going to be voting to make permanent The Republicans need to bring up the just because they are married? Is it the marriage tax penalty relief in the bill. Bring up a bill that is comprehen- right, is it fair that our Tax Code, prior Bush tax cut, and my hope is that we sive coverage under Medicare and that to this past year, punished society’s will have bipartisan support, that even has some kind of pricing mechanism. most basic institution with higher our Democratic friends will join with f taxes? us, in making marriage tax penalty re- I am proud to say that thanks to the lief permanent to help couples like MAKING PERMANENT MARRIAGE leadership of House Republicans, under Jose and Magdalena Castillo of Joliet, TAX RELIEF the leadership of Speaker HASTERT, we Illinois. The SPEAKER pro tempore (Mr. fought time and time again to elimi- BOOZMAN). Pursuant to the order of the nate the marriage tax penalty; and f House of January 23, 2002, the gen- while we suffered vetoes under Presi- LIMITING GROWTH IN tleman from Illinois (Mr. WELLER) is dent Clinton, we are proud to say that GOVERNMENT recognized during morning hour de- under President Bush the marriage tax bates for 5 minutes. penalty was eliminated. We helped The SPEAKER pro tempore. Pursu- Mr. WELLER. Mr. Speaker, before I married couples in a number of ways, ant to the order of the House of Janu- begin my remarks, I just want to kind three ways as a matter of fact. ary 23, 2002, the gentleman from Indi- of just make a comment. I find it is al- First, we doubled the standard deduc- ana (Mr. PENCE) is recognized during ways interesting that my Democratic tion that is used by families who do morning hour debates for 5 minutes. friends advocate permanent increases not itemize their taxes. Almost 9 mil- Mr. PENCE. Mr. Speaker, like many in spending and they are always first in lion married working couples do not Americans, I learned last week of the line to advocate permanent increases itemize their taxes. So they use the President’s intention to create for the in taxes, but they will fight tooth and standard deduction, and we doubled the first time since the 1970s a Cabinet- nail any permanent tax cut. That is standard deduction to be twice that for level Department of the executive what I would like to talk about today, singles, eliminating their marriage branch; and like most Americans, I and that is, the fact that just a little penalty. support the idea of a Department of over a year ago today President Bush For those who itemize, such as those Homeland Security, bringing together signed into law a tax cut, a tax cut un- who give to their institution of faith, various and diverse elements of our in- fortunately because of congressional their church, their charity, synagogue vestigative branches, of our rules that had to be a temporary meas- or temple or mosque, we recognize that counterterrorism branches and, more ure; but this was a tax cut which pro- most married couples itemize their importantly, border security, to create vided across-the-board tax relief for taxes if they own a home, for example, a leaner, more efficient means of pro- every American. and we helped those by widening the 15 tecting our citizens than we have under When President Bush became Presi- percent tax break so they could earn current and, in many ways, antiquated dent, he inherited a weak economy; twice as much as a married couple as a structures in the executive branch. and he said if we could put a little bit single person and stay in the 15 percent While I support the reorganization of of money back into the pocketbooks of tax bracket. We eliminate their mar- government, Mr. Speaker, I rise today working families, they will have some riage tax penalty. to speak against big government and extra money to meet their needs back Third, for low-income families who the growth in government, Mr. Speak- home; and, frankly, that money in the utilize and are helped by the earned in- er, that has been the natural ante- private sector will get our economy come credit, we eliminate their mar- cedent to emergencies and crises moving again, and of course, econo- riage tax penalty as well. So we help throughout American history. mists told us that since that bill was low-income working middle-class mar- The Bible tells us that there is noth- signed into law in June that by Labor ried couples who have suffered the mar- ing new under the sun; what has been Day of last year the economy was on riage tax penalty. before will be again, in the book of the rebound. Unfortunately, the con- Let me give my colleagues an exam- ‘‘Ecclesiastes.’’ And as I see these sequence of a terrorist attack just a ple of a married couple from Joliet, Il- events unfold and I see our President new days later, as we know, shocked linois, in the district I represent in the beginning to call for the largest poten- the confidence of consumers and inves- south suburbs of Chicago. Jose and tial expansion in the executive branch tors; and of course, we are working to Magdalena Castillo, they are laborers. in my lifetime, I cannot help but feel get our economy moving again. They have a combined income of that what has been before is about to As we work on getting our economy $82,000. That is their combined income. come again if we, who believe in lim- moving again, we also recognize that Their children are Eduardo and Caro- ited government and personal responsi- permanency in the Tax Code affects de- lina. They are happy people. They work bility, do not exercise the franchise of cision-making; and that is why last hard, great American citizens, enjoying our vote and our conviction in this in- week we passed legislation to make life in the south suburbs of Chicago; stitution. permanent the elimination of the death but they suffered the marriage tax pen- The idea that the unrestrained tax, which will benefit family farmers alty because they chose to get married, growth of government is a natural an- and small businesses who are making and we believe the Tax Code should be tecedent to emergencies was, to be per- long-term investment decisions know- marriage neutral. fectly honest, first posited in a book ti- ing the tax consequences. That is good Prior to the Bush tax cut being tled ‘‘Crisis and Leviathan,’’ by a lit- for the economy. signed into law, Jose and Magdalena tle-known professor named Robert Today, I want to talk about legisla- Castillo paid about $1,150 more in high- Higgs, 1987, first published. Very simple tion that we are going to be bringing er taxes just because they were mar- thesis in this book. Professor Higgs ar- before the House later this week, and ried. If they chose to get divorced and gues that the growth of the Federal

VerDate 11-MAY-2000 01:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.004 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3303 Government has been relatively con- ment is upon us, and as we reorganize minute and to revise and extend his re- stant through our national history ex- a Department of Homeland Security, marks.) cept for spikes in the growth of govern- let us not make it an excuse to simply Mr. PITTS. Mr. Speaker, I rise today ment immediately following national organize big government in a perma- to commend Chairman Karzai, the in- crises and emergencies such as the nent way. terim administration, and the Afghan people for holding the Loya Jirga to se- Civil War, the Great Depression, World f War II, the Kennedy assassination and lect the new transitional government social unrest of the 1960s and now po- RECESS in Afghanistan. tentially 9–11. The SPEAKER pro tempore (Mr. Unfortunately, due to threats by certain Afghan factions and consequent He offers what he calls the ‘‘crisis hy- BOOZMAN). Pursuant to clause 12 of rule actions by a small select group of U.N., pothesis’’ of the growth of Federal Gov- I, the Chair declares the House in re- U.S. and Northern Alliance officials, ernment, and it is a powerful one; and cess until 2 p.m. today. the Loya Jirga process has been he maintains that under certain condi- Accordingly (at 1 p.m.), the House marred. These officials forced the King tions national emergencies call forth stood in recess until 2 p.m. extensions of governmental control to make a statement saying he would over or outright replacement of the f not run for any elected position in the market economy. In a time of eco- b 1400 government. nomic crisis, ‘‘When critical extensions Sadly, preventing the people from of government power are likely to AFTER RECESS choosing their own leader substan- occur there is little opportunity for The recess having expired, the House tiates the concerns of the Afghan peo- meaningful vote on whether or not as a was called to order at 2 p.m. ple that the U.S. and the international matter of principle the powers of the community have only their own inter- f ests at heart, not just that the Afghan State should be extended.’’ Even Herbert Hoover, attempting to PRAYER people have peace, freedom, democ- stem the enormous tide of the call of racy, and fundamental human rights. The Chaplain, the Reverend Daniel P. The Afghan people were looking for- growth of government during the Great Coughlin, offered the following prayer: ward to deciding their own future on Depression, said, ‘‘Every collectivist Lord God of Heaven and Earth, al- their own. Yet before the Loya Jirga revolution rides in on a Trojan horse of ways attentive to our prayer and un- was even convened, they were denied emergency. It was the tactic of Lenin, derstanding of our human limitations, the right to choose their own leader. Hitler and Mussolini in the collectivist bless and guide the Members of the Unfortunately, it appears that intimi- sweep over a dozen minor countries in 107th Congress, that they may be Your dation won again. Europe. It was the cry of men striving agents of reconciliation in a world torn I am concerned that the Afghan peo- to get on horseback.’’ apart by war, cynicism and fear. ple will not forget that the U.S., U.N., It has also been practiced many Enlighten them in mind and heart, and Northern Alliance prevented the times throughout our history, not for a that together they shine as a harbinger King, a highly respected leader, from second to refer to President Truman of hope, bringing creativity and new vi- holding a leadership position and help- and the likes of that litany; but it was sion to the people. ing bring peace, stability, and rec- not long after the Truman administra- Through their efforts to do what is onciliation to their nation. tion took office, the United States right by living according to Your com- Our State Department should have found itself in a fight with Korea and mands and following the dictates of had more diplomacy. the government greatly expanded. conscience, rather than expediency, f On December 16, 1950, as just one of grant them keen insight into com- LUDWIG KOONS KIDNAPPING many examples, Mr. Speaker, Presi- plicated issues. Bring about in them dent Truman proclaimed a national decisive wisdom that will not be frayed (Mr. LAMPSON asked and was given emergency, calling in familiar words to by tangential distractions or pre- permission to address the House for 1 this day, on all citizens to make a conceived sound bites. For Your world, minute and to revise and extend his re- united effort for the security and well- O Lord, is too vast, and Your people marks. being of our beloved country, to place too precious to be compromised. Mr. LAMPSON. Mr. Speaker, I con- its needs foremost in thought and ac- So we pray now and forever. Amen. tinue my story of Ludwig Koons, the tion to our farmers, our workers in in- young boy who is being held illegally dustry. So the President established f by the Italian Government. Two weeks the Office of Defense Mobilization, the THE JOURNAL ago, the Minor’s Tribunal in Rome de- Defense Protection Agency, and gov- nied the request of the prosecutor to The SPEAKER. The Chair has exam- ernment grew in permanent ways. remove Ludwig’s mother, the kid- ined the Journal of the last day’s pro- Even in his book, in its closing chap- napper, parental authority. Not only is ceedings and announces to the House ters, Robert Higgs perhaps even wrote this outrageous, but the court made his approval thereof. in 1987 about our own times saying this decision without any psycho- Pursuant to clause 1, rule I, the Jour- that, ‘‘We know that other great crises logical evaluation, testimony or other nal stands approved. will come in America, whether they discovery whatsoever. The decision was will be occasioned by foreign wars, eco- f made solely on the superficial interview of Ludwig before the judges, nomic collapse or rampant terrorism. PLEDGE OF ALLEGIANCE No one can predict with assurance that which lasted about 15 minutes. in one form or another great crises will The SPEAKER. Will the gentleman This decision was made despite the surely come again as they have from from Texas (Mr. LAMPSON) come for- finding that Ludwig was kept from time to time, and when they do, gov- ward and lead the House in the Pledge having any contact with his father for ernments, almost certainly,’’ Professor of Allegiance. over 6 months. Ludwig’s mother, the Higgs wrote, ‘‘will gain new powers Mr. LAMPSON led the Pledge of Alle- woman who kidnapped him and is hold- over economic and social affairs, un- giance as follows: ing him against the will of United less,’’ he offers, and I argue, ‘‘the I pledge allegiance to the Flag of the States courts, argued that Ludwig is American people rediscover the worth United States of America, and to the Repub- afraid of his father, which is an absurd, of individual rights, limited govern- lic for which it stands, one nation under God, preposterous allegation. indivisible, with liberty and justice for all. ment and a free society under the true Jeff Koons’s attorneys will be filing rule of law.’’ f an appellate brief before the Rome Court of Appeals contesting this deci- b 1300 EVENTS CONCERNING THE sion of the Minor’s Tribunal as arbi- Mr. Speaker, let us recognize the AFGHANISTAN LOYA JIRGA trary and unfounded, which it abso- times that we are in. Let us recognize (Mr. PITTS asked and was given per- lutely is, and which this entire 8-year- that the gale force wind of big govern- mission to address the House for 1 long ordeal has been.

VerDate 11-MAY-2000 01:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.006 pfrm01 PsN: H11PT1 H3304 CONGRESSIONAL RECORD — HOUSE June 11, 2002 Mr. Speaker, please, I urge Members SUPPORTING CREATION OF HOME- Whereas being overweight or obese puts to join me. Help end this tragedy. We LAND SECURITY DEPARTMENT people at a greater risk of heart disease, certain types of cancer, type 2 diabetes, stroke, cannot stand idly by while American (Mr. GIBBONS asked and was given children are being kidnapped and held arthritis, breathing problems, and depres- permission to address the House for 1 sion; by foreign governments, even if they minute and to revise and extend his re- Whereas men who are overweight are 50 are our friends. Bring our children marks.) percent more likely to have erectile dysfunc- home. Mr. GIBBONS. Mr. Speaker, ‘‘turf,’’ tion and men who are obese are 200 percent f as everyone knows, is sacred in Wash- more likely to have erectile dysfunction; Whereas fewer than a third of American COMMENDING THE GIRL SCOUTS ington, D.C., and the favorite parlor game in Washington D.C. is turf war. adults engage in the recommended level of ON THEIR 90TH ANNIVERSARY Every Member of Congress, every com- physical activity, which is 30 minutes, 3 to 4 times a week; and (Mr. WILSON of South Carolina mittee and agency fights hard to main- asked and was given permission to ad- Whereas the number of overweight and tain their turf; and I am concerned obese children has nearly tripled in the past dress the House for 1 minute and to re- that turf battles may impede what is two decades: Now, therefore, be it vise and extend his remarks.) best for our Nation. Resolved, That the House of Mr. WILSON of South Carolina. Mr. This morning, I testified in support Representatives— Speaker, today I rise in recognition of of H.R. 4660, a bipartisan bill to create (1) recognizes that being overweight or the 90th anniversary of the Girl Scouts, a Secretary of Homeland Security and obese is a major health concern in the an organization that has empowered a Director to the National Office of United States; girls to reach their full potential Combatting Terrorism. (2) commends and supports the work of all through partnerships with caring This legislation includes three main organizations that are taking steps to com- adults. points. First, it gives budget authority bat this health problem; Since 1948, the Girl Scout Council of to those in charge of protecting our (3) urges all governmental, State, and private organizations to do everything in their the Congaree Area of South Carolina Nation’s homeland. Second, it provides power to promote a healthy lifestyle; and has served girls from age 5 through 17 Congress the oversight we must have (4) pledges to take proactive steps to inten- in Lancaster, Lexington, Sumter, Fair- over this new office. Finally, this legis- sify its efforts to combat this health prob- field, Newberry, Richland, Saluda and lation will reorganize government to lem. Kershaw Counties, along with the city allow better information-sharing both The SPEAKER pro tempore. Pursu- vertically and horizontally. As we proof Great Falls. With the dedicated lead- ant to the rule, the gentleman from ership of President Ann Addy and Ex- ceed, Congress must be mindful that New York (Mr. FOSSELLA) and the gen- ecutive Director Pamela Hyland, the the safety of the American people is tleman from Ohio (Mr. BROWN) each more important than the power strug- Congaree Area Council today boasts a will control 20 minutes. membership of nearly 10,000. Nation- gles of a few agencies or Congressmen. The Chair recognizes the gentleman ally, the organization has grown to 3.6 Mr. Speaker, I urge my colleagues to from New York (Mr. FOSSELLA). million Girl Scouts, part of a world- join in this important effort, move be- wide family of 10 million in 140 coun- yond turf battles, and do what is right GENERAL LEAVE tries. for the American people. Mr. FOSSELLA. Mr. Speaker, I ask The key to the success of the Girl f unanimous consent that all Members Scouts is very simple: they have ANNOUNCEMENT BY THE SPEAKER may have 5 legislative days within stressed the values that every person PRO TEMPORE which to revise and extend their re- should strive to uphold. These values marks and include extraneous mate- The SPEAKER pro tempore (Mr. include integrity, respect, inclusive- rials on House Resolution 438. CULBERSON). Pursuant to clause 8 of ness and responsibility to the commu- rule XX, the Chair will postpone fur- The SPEAKER pro tempore. Is there nity. Through the Scouts, girls learn ther proceedings today on each motion objection to the request of the gen- that to realize true satisfaction in life to suspend the rules on which a re- tleman from New York? a person must grow in mind, body and corded vote or the yeas and nays are There was no objection. spirit. ordered, or on which the vote is ob- Mr. FOSSELLA. Mr. Speaker, I yield f jected to under clause 6 of rule XX. myself such time as I may consume. IMPORTANCE OF MEN’S HEALTH Any record votes on postponed ques- Mr. Speaker, I am pleased to rise in WEEK tions will be taken after debate has support of House Resolution 438 to ex- concluded on all motions to suspend (Mr. DAVIS of Illinois asked and was press the sense of Congress that im- the rules, but not before 6:30 p.m. given permission to address the House proving men’s health through fitness today. for 1 minute and to revise and extend and reduction of obesity should be a his remarks.) f priority. The gentleman from Pennsyl- Mr. DAVIS of Illinois. Mr. Speaker, SENSE OF HOUSE ON IMPROVING vania (Mr. TOOMEY) is absolutely cor- on yesterday I attended an event in MEN’S HEALTH rect. Obesity is a major health problem for our society. We must help inform Chicago, Illinois, that the Near North Mr. FOSSELLA. Mr. Speaker, I move the American public about these risks Health Corporation used to kick off to suspend the rules and agree to the so that they can take corrective ac- Men’s Health Week; and it was a very resolution (H. Res. 438) expressing the tions to make changes in their food interesting event, because there were a sense of the House of Representatives number of high-profile men who spoke that improving men’s health through consumption and exercise behaviors. of their illnesses. But they also spoke fitness and the reduction of obesity Over 61 percent of U.S. adults are of the fact that for many years they should be a priority. overweight, along with 13 percent of never went to see a doctor. They had The Clerk read as follows: children. Approximately 300,000 Amer- no idea that they may have been expe- H. RES. 438 ican deaths a year are associated with riencing the difficulty. Whereas the Surgeon General of the Public obesity. What is frightening is that So their message was a very simple Health Service has identified obesity as a this trend is exponentially increasing. one, that if you are a man, like all major health problem; Since 1980, obesity among adults has other people, you really need to see Whereas 61 percent of adults in the United doubled, and overweight children and your doctor. You need to check on your States are considered overweight or obese, as adolescents have tripled. Americans health. You need to make sure you get indicated by a body mass index (the most re- need to know that being overweight rid of the macho image that nothing liable measure) of 25 or greater; places people at a higher risk for heart can happen to you. Whereas 300,000 deaths each year in the disease, cancer and stroke, all top kill- United States are associated with being So I would just extend their message overweight or obese; ers in America, in addition to arthritis, to all men throughout America: check Whereas the economic cost of obesity in breathing problems, and depression. on your health. This is Men’s Health the United States was about $177 billion in New research has revealed that obesity Week. You start with yourself. 2000; can lead to Type 2 diabetes in children

VerDate 11-MAY-2000 01:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.009 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3305 as well. There is hope, however, be- b 1415 Mr. FOSSELLA. Mr. Speaker, it is cause obesity is preventable. Ameri- The President’s budget cuts funding my pleasure to yield such time as he cans should not needlessly place them- for chronic disease programs at CDC, may consume to the gentleman from selves at risk. yet we have this resolution on the Pennsylvania (Mr. TOOMEY), a leader Personal responsibility is key to end- House floor. It is the very program in, among other things, the battle for ing this trend. Most Americans recog- that pays attention to public health public health and public health aware- nize that exercise and a healthy diet issues like obesity. The President os- ness in this House. helps one stay fit and trim. Dieticians tensibly proposed cuts like this one to Mr. TOOMEY. Mr. Speaker, I thank have made it perfectly clear: one truly make room for the $665 billion price the gentleman from New York for can eat any food in moderation and re- tag associated with making his tax cut yielding the time. I would just observe main perfectly healthy, but Americans permanent. Again, no money for an to my colleagues that it is not at all are choosing not to eat foods in mod- adequate prescription drug benefit; no clear to me that the majority party’s eration and are all too often short- real work on this issue, other than a respect for personal and economic free- changing vitamins and nutrients that resolution saying let us make it a pri- dom and the desire for families to keep are essential to fighting disease. Amer- ority. more of what they earn is in any way the cause of the numerous health prob- icans are also choosing not to exercise. Is this body going to restore the CDC lems, including the one we are going to Americans have literally hundreds of funding so that we can really address discuss today. options available to them to help lose the problems of obesity, or are we too wed to this tax cut that goes over- I am glad that we are bringing this weight and stay fit. We must help in- resolution to the floor. The reason we form Americans about the risks that whelmingly to the richest people in our society? Are we going to target any are picking this week is because it is obesity imposes on their overall health the week leading up to Father’s Day and that fighting obesity will help save funding to reducing the rates of obesity in this country? Where are the dollars that is National Men’s Health Week. lives. I thank the gentleman from House Resolution 438 expresses the Pennsylvania (Mr. TOOMEY) for raising going to come from, or are we just going to again pass a resolution that sense of the House that improving the level of attention on this impor- men’s health through fitness and the sounds real good that could help my tant issue. I encourage my colleagues reduction of obesity should be a pri- friend from Pennsylvania in his fight to vote in favor of this resolution. ority for all of us, and I feel strongly for reelection because it looks good Mr. Speaker, I reserve the balance of about that. my time. and we can send a news release out, but I should observe that National Men’s Mr. BROWN of Ohio. Mr. Speaker, I what does it really do, Mr. Speaker? Health Week is currently celebrating We have passed, largely along party yield myself 5 minutes. its eighth year. I want to recognize one lines, six pieces of legislation that dra- of the driving forces behind this rec- Mr. Speaker, my colleague’s resolu- matically reduce the Federal tax reve- ognition, and that is Rodale Publishing tion highlights a public health issue nues available for existing public in Emmaus, Pennsylvania and, specifi- that undoubtedly deserves more atten- health initiatives, much less new ones cally, Men’s Health Magazine, one of tion. Obesity is linked to a host of like this. Six pieces of legislation, al- acute and chronic conditions and costs Rodale’s flagship publications, has ways overwhelmingly giving tax cuts really driven this message and elevated our health care system as much as $100 to the richest people in this country. billion every year. It is the second the level of awareness of the problems We have passed these six bills, yet we that plague men, in particular health leading cause of unnecessary deaths in passed exactly one piece of legislation this country. Obesity can cause repro- care problems. that would actually improve the public Back in 1993, Men’s Health Magazine ductive problems, pulmonary problems, health, the bipartisan bioterrorism osteoarthritis, liver disease, and can asked its readers to support a nation- bill, approved last week to be signed by wide initiative to identify and treat dramatically increase a person’s risk the President tomorrow. for cancer and for diabetes. I do not health issues of particular interest to Mr. Speaker, we are draining tril- men. This public awareness campaign doubt my colleague’s sincere concern lions of dollars from the Federal cof- and desire to provoke a more serious was spearheaded by the National Men’s fers and, at the same time, pledging to Health Foundation with the help of Federal response to the obesity prob- do more to combat a host of public lem. Men’s Health Magazine. As a result of health problems, including obesity. their efforts, Congress passed a bill in I look at H. Res. 438, at the title, Mr. Talk, Mr. Speaker, is cheap. If Con- 1994 naming the week prior to and in- Speaker, and it says ‘‘Expressing the gress could address public health prob- cluding Father’s Day as National Men’s sense of the House of Representatives lems just by talking about them, which Health Week. They designated this that improving men’s health through seems to be what my Republican week as an opportunity to encourage fitness and the reduction of obesity friends that run this Chamber seem to preventive health behavior, as well as should be a priority.’’ That is what we be all about, then there would be no early detection of diseases that dis- are voting on today. My question is, as public health problems. Each time we proportionately claim men as victims. it has been with each of the health pass one of these resolutions, as meri- It is one week out of the year to have care-oriented resolutions we have con- torious as the subject matter may, in a focused public service campaign to sidered this year, how does all this fact, be, we get away with talking educate men and their families about rhetoric about wanting to address about a significant issue rather than the importance of positive health atti- health care issues align with what we actually doing something about a sig- tudes, preventive health practices, and are actually doing to address health nificant issue. Somehow, this body treatments of health problems for men. care issues? feels justified in acknowledging that It is important because, after all, men Again, this resolution, Mr. Speaker, we need to do more, but never saying do lag behind women by 6 years in av- says ‘‘Expressing the sense of the how we are going to do that, while erage life expectancy. House of Representatives in improving draining the budget through tax cuts This message of wellness and disease men’s health through fitness and the for the richest Americans after tax cut prevention and individuals taking con- reduction of obesity should be a pri- for the richest Americans. trol of their own lives for the better- ority.’’ Of course it should be; but, I hope that every Member, Mr. ment of their lives is a big part of the again, it is one more resolution beg- Speaker, who votes for this resolution tradition at Rodale Publishing. ging the question: What is this House and pledges ‘‘to take proactive steps to Rodale’s magazines include Men’s of Representatives doing when it comes intensify our efforts to combat this Health, Prevention, Runner’s World, to prescription drugs, when it comes to health problem’’ remembers that Bicycling, and a whole host of maga- dealing with disparities between rich pledge and all of the other pledges zines geared towards helping people to and poor in the health care that is de- when the next tax-cut-for-the-rich vote improve really the quality of their livered, when it comes to deal with any comes around. lives, often by improving their fitness. of the health care problems that we Mr. Speaker, I reserve the balance of I also want to take a minute to rec- face? my time. ognize the tremendous work being done

VerDate 11-MAY-2000 02:12 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.011 pfrm01 PsN: H11PT1 H3306 CONGRESSIONAL RECORD — HOUSE June 11, 2002 in this area by a friend of mine, Dave type 2 diabetes, stroke, arthritis, making these programs successful. We Zinczenko, the editor in chief of Men’s breathing problems and depression. ought to, first of all, focus here in this Health Magazine. Dave is clearly dedi- So how do people combat obesity? Congress by leading by example. If we cated, as well as his colleagues, to Well, people become overweight and know that a third of adults, less than a helping men find ways to live longer, obese for a variety of reasons: dietary, third of adults engage in recommended healthier, better lives, and he has been some socioeconomic, some genetic, but amounts of physical activity, what is it a driving force behind this recognition mostly it is lifestyle factors, and the that we can do here to make a dif- of men’s health needs. long-term solution requires the rec- ference? So every year, Men’s Health Maga- ognition of the benefits of a well-bal- Well, first and foremost, we can do zine has now focused its coverage on anced, a well-proportioned, moderate something to make sure that our com- this week to some topic, some topic diet and a commitment to regular munities are welcoming for people to specific to men’s health. Last year was physical activity. Those are really the exercise. I look at what has happened prostate cancer, the second leading two things that are necessary. in Atlanta. The gentleman talked cancer killer in men, and this year it is In short, it is moderation and it is about obesity. Atlanta has seen the obesity which, according to the Sur- control of a lifestyle that is the key to highest rate of increase in obesity. The geon General, will soon overtake smok- fitness and can help dramatically in- Centers for Disease Control in the last ing as America’s number one leading crease the likelihood of longevity in decade was looking at that. What is the health concern. one’s life. problem in Atlanta? Well, as part of This year, the magazine’s editors Unfortunately, too many adults do their rapid expansion, the most rapid have launched the ‘‘Million Pound not even get the moderate amount of expansion in the history of human set- Challenge.’’ It is a campaign to help exercise that can make a huge dif- tlement, they have sort of left out the men of America drop the weight ference. More than 60 percent of U.S. things that make it possible for people that quite literally threatens their adults do not engage in the rec- to be physically active, like sidewalks, lives. Media outlets from Good Morn- ommended amount of physical activ- safe places to bicycle. The air is not ing America and the Pittsburgh Post- ity, which is only 30 minutes 3 to 4 healthy in Atlanta, and so people are complaining even if they had an oppor- Gazette have done major coverage of times a week, but so many of us find it tunity to have the facilities to exer- this nationwide campaign to lose this so hard to squeeze that in. Approxi- cise, it would not be healthy to do so. excess weight, and the resolution we mately 25 percent of all U.S. adults are The Surgeon General has rec- are debating today specifically under- not active at all. ommended that communities create scores this effort. We are here today to encourage ev- safe playgrounds, sidewalks, walking I think it is worth distinguishing be- eryone to improve their lifestyles trails, particularly in urban areas; that tween two terms that are sometimes through fitness and nutrition and seek employers should provide time for used interchangeably. Being over- out the experts and organizations that workers to get physical activity on the weight is different from suffering from can provide the help if people need job; that schools provide physical edu- obesity. It is really largely a matter of that. I want to commend those organi- cation on a daily basis in every grade. degree, but being overweight simply in- zations that are already hard at work What has this Congress done to ad- dicates that a person’s weight exceeds at addressing this problem of obesity. vance those objectives? I would suggest the normal or the average weight for a Because of the true national scope of not very much. given body height and frame size that the problem, I urge my colleagues to These advances really pay for them- may often lead to health problems, but pass this resolution. The resolution selves. The incremental costs per per- not necessarily so. Obesity, on the simply resolves that the United States son, if we are going to talk about obe- other hand, is the condition in which House of Representatives recognizes sity, are higher than smoking and an individual has an excessive amount that being overweight or obese is a twice the cost of alcoholism. Employ- of body fat. It has been demonstrated major health concern in the United ers pay an average of $4,400 per year that the average individual in this States. It commends and supports the more for employee beneficiaries who country will gain approximately 1 work of all organizations that are tak- have diabetes. The USDA has esti- pound of additional weight each year ing steps to combat this health prob- mated that $71 billion could be saved if after the age of 25. Such a seemingly lem. It urges all governmental, State inactive Americans become active. small gain results in 30 pounds of ex- and private organizations to do every- Well, I would suggest that part of cess weight by the age of 55 years, and thing in their power to promote what we are doing here in Congress since bone and muscle mass sort of nat- healthier lifestyles, and it pledges to ought to be looking at those facilities urally decrease in a person at a rate of take proactive steps to intensify its ef- around the country. We are going to approximately 11⁄2 pounds each year forts to combat this health problem. soon be re-enacting the Surface Trans- due to a reduction in physical activity, Mr. BROWN of Ohio. Mr. Speaker, I portation Act. The physical environ- the fat is actually increasing at a rate yield 6 minutes to the gentleman from ment has a tremendous impact, as I mentioned relative to Atlanta. St. of 11⁄2 pounds each year. So that means Oregon (Mr. BLUMENAUER), who has somebody over a 30-year period when been a leader in this and other issues Louis University has done a study of 17 they reach middle age is often faced like this. new rural trails, and after the building with 45 pounds of excess weight in the Mr. BLUMENAUER. Mr. Speaker, I of those trails, 60 percent of the trail form of fat. This leads to obesity and appreciate the gentleman’s courtesy in users report they are more physically can lead to serious health problems. allowing me to speak on this resolu- active than before the construction. As I said, the Surgeon General has tion. One of the things we do with the bi- identified obesity as a major health I think it is important for us to cycle caucus as we are asking people to focus on it is to ask people to stop and problem already. Sixty-one percent of spend a few minutes not just cele- reflect how many people in America adults in the United States are now brating it in a verbal sense, but think- right this minute are stuck in traffic considered overweight or obese. As my ing about what Congress can do to step on their way to ride a stationary bike colleague from New York pointed out, up to actually make it possible for citi- in a health club. By providing the fa- zens to lead more healthy lifestyles. approximately 300,000 deaths each year cilities that make it safe and conven- We have already heard the statistics occur prematurely in the United States ient for people to get the over 150 mil- and they are associated with the condi- from my colleagues about obesity. We lion bicycles in this country out of the tion of being overweight or obese. have heard about premature deaths. We garages, out of the attics, out of the The economic cost of obesity in the have heard about problems that are re- basements and put them on the street United States is staggering. It is ap- lated to that. where people can use them, it is going proximately $177 billion a year. Being Well, I think it is pretty simple for to make a difference. overweight or obese puts people at a us, because I was thinking about this greater risk of a number of serious, as I rode my bicycle over to the Capitol b 1430 life-threatening conditions, including to make this presentation. It is not Think about in how many commu- heart disease, certain types of cancer, rocket science to be able to deal with nities it is not safe for children to walk

VerDate 11-MAY-2000 01:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.013 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3307 or bike to school. A generation ago, 90 lion substantial funding. That is only Mr. BROWN of Ohio. Mr. Speaker, I percent of the children could get to when measured by what we had done yield 3 minutes to the gentleman from school on their own safely. Today, that before, a couple or $3 million every Illinois (Mr. DAVIS). ratio has reversed, where only 10 per- year. Mr. DAVIS of Illinois. Mr. Speaker, I cent of the children can do that; and it But, Mr. Speaker, there was no thank the gentleman for yielding time means there is a rush hour twice a day money. After Chairman Porter put $125 to me. because people are trying to get the million, there was no money in the Mr. Speaker, I rise today in support kids off-loaded at school, as well as President’s budget last year. I came to of House Resolution 438, a resolution in having the attendant congestion air the floor, worked with the Committee support of improving men’s health quality problems and lack of exercise. on Appropriations, and we got some- through fitness and the reduction of I would suggest, Mr. Speaker, that thing above $68 million in. That is a obesity. we in Congress ought to take the lead, little over half of what Chairman Por- This resolution is timely as we focus it is something each Member of Con- ter left as his legacy: $125 million. on Men’s Health Week. The question of gress can do, by scheduling two or Now we are in 2003, Mr. Speaker. obesity in our children and men is very three meetings, of which we have a Once again, there is no money in the concerning. Since 1980, the percentage gazillion every week. And maybe if we administration’s budget for overweight of children who are overweight has have two or three of them that are in- and obesity, our most widespread doubled. This has led to serious health volved with walking or running, a health problem. We have to do it again, consequences: Type 2 diabetes, heart meeting on the move, we will be Mr. Speaker, unless we are going to be disease, hypertension, stroke, and in healthier; they will probably be short- satisfied with this resolution. I do not many instances, poor self-esteem er; our constituents will like it; we will think even those who offered it would among children. have less caloric intake; and I would be satisfied with this alone. The problem of obesity is magnified think it would be an opportunity for us The $125 million is meant chiefly for in African American and poor commu- to help shape ourselves up, our staff, combatting overweight and obesity nities, where rates increased most in among children. That is where the epi- and the people that we work with. the last 10 years. It is estimated that Make sure that the next authoriza- demic is the worst. Of course, that is the economic cost of obesity is more tion of the surface transportation act, where it is most preventable. than $100 billion a year, or 8 percent of Chairman Porter agreed on the floor and if Members will remember, we had the health budget. to incorporate sections of my own bill ISTEA in 1991, we had TEA–21 in 1997, In a number of States, legislators called LIFE, Lifetime Improvement in and the next one ought to be green tea, have introduced bills to tax soft drinks Health and Exercise. It had three sec- where we have an opportunity to be and restrict advertising to certain tions, three rather commonsense sec- hours of the day. These bills in effect able to make our communities more tions: limit personal freedom and responsi- livable with that investment. First was training health profes- bility. I believe that we must begin to Last but not least, I would suggest sionals to recognize overweight before that in the time our Committee on it becomes obesity. When people get to seriously encourage people to exercise Ways and Means is involved with all be obese, it is too late. It is very hard and pay attention to their diet. As a sorts of tax changes, maybe one tax to come down, even from being over- matter of fact, in some places, people change they could make would be to weight, much less obese. The health are beginning to say that it is time make sure that pedestrians and professions do not get in there early that we learn to eat to live and not live bicyclists have the same commuter tax enough; to eat. benefit as people who drive or take Secondly, strategies so people in I want to commend the Grocery Man- transit, a very simple change of very their own workplaces and communities ufacturers of America for their efforts low cost, but would send the right sort could begin on a mass schedule to in- to begin to deal with the issue of obe- of signals for people to be physically fit corporate exercise that people can do, sity in a serious way. There are initia- in our country. that elderly people can do, that chil- tives under way by Kraft and other I would suggest that Congress should dren can do, that harried middle-class food companies to make healthier not just pass a resolution, but we ought working people can do; products readily available. Addition- to lead by example and do something Third, there is mass education. I am ally, they are looking at partnering about it to make sure that our commu- pleased to report, Mr. Speaker, that with community-based organizations, nities are more livable and that our the first section of our bill is about to churches and others, to spread the mes- families are safe, healthy, and more be under way this year. CDC, which sage that fitness and nutrition are two economically secure. was charged with this first $125 mil- components to a long life. Mr. BROWN of Ohio. Mr. Speaker, I lion, is about to launch a 15-city tour So again, I commend the gentleman yield 4 minutes to the gentlewoman where it will roll out this new mass for his resolution and look forward to from the District of Columbia (Ms. education, which means ads we will see working with him and others. I also NORTON). on television trying to get children and want to be associated with the com- Ms. NORTON. Mr. Speaker, I thank their parents off of the fast food that is ments made by the gentleman from the gentleman for yielding time to me. among what is making them obese. Ohio. I do indeed believe it is time that Mr. Speaker, I appreciate the intent Our response this year, remember, is this House does serious work towards of this sense of the House resolution on zero funding. I implore everybody who elimination of health disparities. obesity and health. It is time to do votes for this resolution to help us get But I believe that we have to move in more than pass this resolution, to do money in the appropriation bill to pre- a real way towards the ultimate devel- more than talk about this issue. vent at least a dozen diseases we could opment of a national health plan, one Until 2001, this Congress had never all name ourselves. This epidemic in- that provides quality, comprehensive taken any substantial action to com- volves every race, every economic health care for every American, with- bat the most widespread health prob- background, and every age group. It is out regard to their ability to pay. It is lem in the United States today: obesity amazing the young people, young peo- then and only then do I believe that we and overweight. I worked with then ple in their teens and early twenties, will become the healthy Nation that chairman John Porter, now retired, that are deeply involved in this over- we have the potential of being. chairman of the Committee on Labor, weight and obesity problem. Mr. BROWN of Ohio. Mr. Speaker, I Health and Human Services, and Edu- Computers and cable made us all yield myself such time as I may con- cation. He had an abiding interest in couch potatoes. We have an obligation, sume. this issue. we and only we can do it, to assume Mr. Speaker, I would close on our Chairman Porter, before whom I tes- leadership of the American people and side with a couple of comments. I sup- tified on my own bill on this issue, put try to get rid of this terrible epidemic. port the resolution offered by my the first substantial funding to combat Only Congress can send a wake-up call friend, the gentleman from Pennsyl- overweight and obesity, $125 million. It to the American people to get out and vania. I would hope that this resolu- is pathetic that I am calling $125 mil- exercise and get off the fast food. tion and discussions like this on the

VerDate 11-MAY-2000 01:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.015 pfrm01 PsN: H11PT1 H3308 CONGRESSIONAL RECORD — HOUSE June 11, 2002 floor, following up on the excellent and other extra curricula activity years and Obesity increases the risk of illness for about comments of the gentleman from Illi- well into their retirement years. 30 serious medical conditions, including can- nois (Mr. DAVIS), lead to an examina- It’s hard to believe that in the age of techno- cer, birth defects, cardiovascular disease, and tion of practices of those in this soci- logical advances there are still very simple stroke. Yet despite this correlation, obesity has ety who, by their actions, really pro- steps we can take to improve our health. Ex- not received the attention it deserves. Re- mote obesity; not so much the people perts agree that moderate exercise; just 30 search is severely limited by a shortage of that ultimately pay the price of worse minutes a day, 3 times a week can have a funds, and inadequate insurance coverage health and earlier death, but the fast significant impact on health. That’s just an limits access to treatment. food chains whose marketing tech- extra 15 minutes in the morning and evening. Weight loss of about 10% of excess body niques of biggie-size this and biggie- Exercise such as walking can reduce your risk weight is proven to benefit health by reducing size that encourage especially our of chronic, disabling and often fatal diseases many obesity related risk factors. Research young people to drink more high- like diabetes, cardiovascular disease, depres- has documented that physical activity is a key caloried soda pop and eat more French sion, stroke and cancer. It can reduce and part of maintaining weight loss. Exercise can fries and eat more, ingest more cal- even eliminate dependence on medications re- lower one’s risk of heart disease and heart at- ories. sulting in a significant amount of cash savings. tack, high blood pressure, and high choles- Look at even the growing obesity of Furthermore, exercise improves mental alert- terol. A decrease in the amount of daily activ- children in places like China, which ness and fosters healthy muscles, bones and ity related to work, transportation and personal had no obesity problems until we began joints. chores is believed to contribute to the high to export the fast food industry to The technology of the 21st century has percentage of overweight and obesity today. countries like that. I would hope that spoiled us. The World Wide Web has put the By adding moderate physical activity, pro- we would examine the practices of world at our fingertips. With our busy sched- gressing to 30 minutes or more on most or those who promote obesity, such as the ules we have grown dependent on the Internet preferably all days of the week to one’s daily marketers and the advertisers, who for shopping, paying bills and even purchasing routine, we can start to reverse the upward spend billions of dollars to encourage, groceries. With a push of a button food is de- trend of obesity. again, especially children in bad eating livered directly to our homes. Mr. Speaker, we should applaud those who habits, to eat unhealthy food. Obesity is one of the biggest public health live a healthy lifestyle and encourage our pub- Imagine on television a marketer challenges in our time. The high number of lic health system to recognize obesity and in- writing ads, a marketer who is maybe uninsured individuals, the outrageous prices of active lifestyles as a true health care epi- paid $500,000, using his or her skills to prescription drugs and the down turn of the demic. Finally, as of this past fiscal year, the encourage a child to spend $3 at a fast economy have forced us to take initiative and IRS announced a new policy stating that ‘‘obe- food restaurant. That is not exactly an control over our health. The estimated medical sity is medically accepted to be a disease in even match. cost for physically inactive Americans is $77 its own right.’’ For taxpayers, this means that Look at even our schools, Mr. Speak- billion. We must rely on cost-effective proven treatment specifically for obesity can now be er, where now schools in this country, practices such as exercise that will contribute claimed as a medical deduction. I hope that because we underfund schools, they go to the prevention and reduction of obesity. this promotion of healthy lifestyles will con- to the private sector, they go to soft That is why I support their resolution. Al- tinue as we try to curb this epidemic, and that drink companies; and those soft drink though technology has advanced by leaps and a tax deduction for individuals who choose to companies will pay a fee to those bounds our health has suffered by many of stay healthy will be considered seriously by schools so they can bring their pop ma- life’s new conveniences. We are eating more, the IRS. chines into the cafeteria. exercising less and becoming obese. H. Res. Mr. FOSSELLA. Mr. Speaker, I have I think we have all been in school- 438 does not expect our men to become tri- no further requests for time, and I rooms where we have seen kids with a athletes rather it recognizes that physical ac- yield back the balance of my time. can of pop on their desk or walking tivity is the key to reducing and preventing The SPEAKER pro tempore (Mr. down the hall with a soft drink. Some obesity. CULBERSON). The question is on the mo- schools do not allow that, but too I urge all of my colleagues to support H. tion offered by the gentleman from many do. When I was in school at Res. 438. I also encourage families, health New York (Mr. FOSSELLA) that the Mansfield Senior High School, Mans- professionals, businesses, community leaders, House suspend the rules and agree to field, Ohio, 30 years ago, I remember schools and universities to join in an effort to the resolution, House Resolution 438. the only vending machine in the cafe- improve physical fitness through innovative The question was taken. teria was an apple machine. Today we approaches. Together we can join forces and The SPEAKER pro tempore. In the see soft drink machines in the cafe- conquer obesity and its cruel ramifications. opinion of the Chair, two-thirds of terias, in the halls, near the gyms. Be- Ms. MCCARTHY of Missouri. Mr. Speaker, I those present have voted in the affirm- cause we underfund our public edu- rise in support of House Resolution 438, a ative. cation, we have to give tax cuts in this sense of the House that improving men’s Mr. FOSSELLA. Mr. Speaker, I ob- institution to the richest people, so we health through fitness and reduction of obesity ject to the vote on the ground that a underfund public education and then should be a priority. Obesity is a neglected quorum is not present and make the we force our schools to go out and public health problem in the United States. point of order that a quorum is not make contracts with companies to This disease affects approximately 51 million present. bring pop machines in the schools, so Americans and more than one quarter of all The SPEAKER pro tempore. Pursu- leading those kids to more health prob- adults. The number of overweight and obese ant to clause 8 of rule XX and the lems in the future. That is really one of Americans has continued to increase since Chair’s prior announcement, further the reasons we have obesity in this 1960. Unfortunately, this trend is not slowing proceedings on this motion are post- country. It is all pretty tied together. down. Today, 61% of adult Americans (about poned. I hope this resolution in the future, 120 million) are categorized as being over- The point of no quorum is considered and I plan to support the resolution of weight or obese. While this resolution is fo- withdrawn. my friend, the gentleman from Penn- cused solely on men’s fitness and obesity f sylvania, I hope it leads to an examina- issues, this epidemic transcends gender. tion of the real issues surrounding this While the prevalence of being overweight is HONORING THE LIFE AND issue. higher for men (59.4%) than women (50.7%), ACHIEVEMENTS OF 19TH CEN- Mr. UDALL of New Mexico. Mr. Speaker, I the prevalence of obesity is higher for women TURY ITALIAN-AMERICAN IN- rise today in support of H. Res. 438, express- (25.0%) than men (19.5%). Fitness and phys- VENTOR ANTONIO MEUCCI ing the sense of the Congress that improving ical activity should be a priority for all Ameri- Mrs. JO ANN DAVIS of Virginia. Mr. men’s health through fitness and the reduction cans, regardless of gender. Speaker, I move to suspend the rules of obesity should be a priority. Obesity is the second leading cause of un- and agree to the resolution (H. Res. Physical fitness is key towards the preven- necessary deaths. Each year, obesity causes 269) expressing the sense of the House tion and reduction of obesity. As a nation we at least 300,000 excess deaths in the U.S., of Representatives to honor the life should encourage all men to continue to live and healthcare costs of American adults with and achievements of 19th century an active life beyond their high school sports obesity amount to approximately $100 billion. Italian-American Inventor Antonio

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.016 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3309 Meucci, and his work in the invention There was no objection. electricity and a metallic wire, the of the telephone. Mrs. JO ANN DAVIS of Virginia. Mr. exact word could be transmitted hold- The Clerk read as follows: Speaker, I yield myself such time as I ing the conductor in the mouth . . . ’’. H. RES. 269 may consume. Meucci had discovered electrical Whereas Antonio Meucci, the great Italian Mr. Speaker, I am pleased to have speech transmission. inventor, had a career that was both extraor- the House consider House Resolution Meucci and his wife, Esther, moved dinary and tragic; 269, important legislation introduced to New York in 1850 where he estab- Whereas, upon immigrating to New York, by my distinguished colleague, the gen- lished a very successful candle busi- Meucci continued to work with ceaseless tleman from New York (Mr. FOSSELLA). ness. However, in 1854, his wife aggra- vigor on a project he had begun in Havana, Cuba, an invention he later called the This resolution expresses the sense of vated her rheumatoid arthritis to the ‘‘teletrofono’’, involving electronic commu- the House of Representatives in hon- point where she could seldom leave her nications; oring the life and achievements of the bedroom in the third floor of the house. Whereas Meucci set up a rudimentary com- 19th century Italian-American inven- Esther’s illness stimulated the re- munications link in his Staten Island home tor, Antonio Meucci. We have all grown suming of Meucci’s speaking telegraph, that connected the basement with the first up believing that Alexander Graham as it allowed her to communicate with floor, and later, when his wife began to suffer Bell invented the telephone. However, him and others from her bedroom. from crippling arthritis, he created a perma- history must be rewritten if justice is Meucci established a telephone link nent link between his lab and his wife’s sec- from Esther’s room to the basement as ond floor bedroom; to be done to recognize Meucci as the Whereas, having exhausted most of his true inventor of the telephone. well as to a larger laboratory in the yard. To call attention, a mechanical life’s savings in pursuing his work, Meucci b 1445 was unable to commercialize his invention, call bell was used, its wires running though he demonstrated his invention in 1860 Bell was issued a patent for the tele- parallel to those of the telephone. Only and had a description of it published in New phone in 1887. However, 17 years ear- one instrument was used at each end, York’s Italian language newspaper; lier, in 1860, it was Meucci who success- that was alternately brought to the ear Whereas Meucci never learned English well fully demonstrated his electronic com- or mouth of the user. Meucci received enough to navigate the complex American munications link in his Staten Island, little credit for the invention he later business community; New York home, an invention he later called the teletrofono. Whereas Meucci was unable to raise suffi- called the teletrofono. Meucci was a cient funds to pay his way through the pat- This resolution recognizes his work, ent application process, and thus had to set- poor man who never learned English the importance of his efforts, and I am tle for a caveat, a one year renewable notice and was unable to navigate the busi- pleased to not only support it, but I of an impending patent, which was first filed ness world. He did not have the $10 also want to commend the gentleman on December 28, 1871; needed to apply for a patent for his infor bringing it to the attention of all of Whereas Meucci later learned that the vention and was never able to get the the Members of this House and to the Western Union affiliate laboratory report- financial backing needed to pursue a American people. edly lost his working models, and Meucci, patent. Later, following a tragic acci- Mr. Speaker, I reserve the balance of who at this point was living on public assist- dent in which Meucci was severely ance, was unable to renew the caveat after my time. 1874; burned, the laboratory where he Mrs. JO ANN DAVIS of Virginia. Mr. Whereas in March 1876, Alexander Graham worked on his invention supposedly Speaker, I yield such time as he may Bell, who conducted experiments in the same lost his working models needed to get a consume to the gentleman from New laboratory where Meucci’s materials had patent. Just a few years later, Bell who York (Mr. FOSSELLA), the chief sponsor been stored, was granted a patent and was worked in the same laboratory, earned of this bill. thereafter credited with inventing the tele- the patent for the telephone. Mr. FOSSELLA. Mr. Speaker, I phone; The story of Antonio Meucci is not thank the gentlewoman for yielding me Whereas on January 13, 1887, the Govern- well known. While he has not received time. I thank Members on both sides, ment of the United States moved to annul the patent issued to Bell on the grounds of credit for his invention in our history the gentleman from Illinois (Mr. fraud and misrepresentation, a case that the books, the House of Representatives DAVIS), as well as the gentleman from Supreme Court found viable and remanded will today honor the genius of the New Jersey (Mr. PASCRELL) for sup- for trial; Italian American inventor Antonio porting this resolution. Whereas Meucci died in October 1889, the Meucci. Mr. Speaker, it is my strong belief Bell patent expired in January 1893, and the Mr. Speaker, I ask all Members to that Italian Americans have contrib- case was discontinued as moot without ever support this resolution. uted greatly to the United States and reaching the underlying issue of the true in- Mr. Speaker, I reserve the balance of continue to contribute proudly as well. ventor of the telephone entitled to the pat- my time. ent; and We know Columbus discovered Amer- Whereas if Meucci had been able to pay the Mr. DAVIS of Illinois. Mr. Speaker, I ica. Two Italians signed the Declara- $10 fee to maintain the caveat after 1874, no yield myself such time as I may con- tion of Independence. Enrico Fermi patent could have been issued to Bell: Now, sume. split the atom, and Captain Don Gen- therefore, be it Mr. Speaker, Antonio Meucci was tile, the fighting ace, was described by Resolved, That it is the sense of the House born in Florence, Italy in 1808. He was General Dwight Eisenhower as a ‘‘one- of Representatives that the life and achieve- fond of chemistry and at the age of 17 man force.’’ He, like so many other ments of Antonio Meucci should be recognized, and his work in the invention of the conceived an improved powerful pro- Italian-Americans, did and were will- telephone should be acknowledged. peller to be used in fireworks, so pow- ing to give their life in defense of free- The SPEAKER pro tempore. Pursu- erful that his little rockets lost con- dom and liberty and supporting these ant to the rule, the gentlewoman from trol, caused damage to properties in great United States. Virginia (Mrs. JO ANN DAVIS) and the the vicinity. This was the beginning of Mr. Speaker, I wanted to spend a few gentleman from Illinois (Mr. DAVIS) a life filled with experiments and dis- minutes today to honor an Italian each will control 20 minutes. coveries. American and former Staten Island The Chair recognizes the gentle- Meucci spent the first 27 years of his resident who is often overlooked, as an- woman from Virginia (Mrs. JO ANN life in Florence, Italy, 15 years in Ha- nounced already, and his name was An- DAVIS). vana, Cuba, and 39 years in Clifton, tonio Meucci. GENERAL LEAVE New York. While in Havana, Meucci The 19th century was a time of great Mrs. JO ANN DAVIS of Virginia. Mr. discovered the latest discoveries in technological innovation, as its birth Speaker, I ask unanimous consent that electricity, electrochemistry and heralded the beginning of the Indus- all Members may have 5 legislative electrotherapy in his laboratory which trial Revolution. However, unlike the days within which to revise and extend was next to his apartment. In 1865 century just ended and the new one we their remarks on House Resolution 269. Meucci wrote, ‘‘At Havana, by means are beginning to explore, the rough- The SPEAKER pro tempore. Is there of some little experiments, I came to and-tumble of our young Nation had objection to the request of the gentle- discover that with an instrument yet to develop information exchange to woman from Virginia? placed at the ear and with the aid of the extent we enjoy today.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.017 pfrm01 PsN: H11PT1 H3310 CONGRESSIONAL RECORD — HOUSE June 11, 2002 The Founding Fathers made America here with nothing. He could not even patent application process. Instead, he a guarantor of unprecedented and, to put $10 up for a patent application. And had to settle for a caveat, which is a this day, unmatched liberty. This lib- yet his life is one of brilliance in one-year renewable notice of an im- erty included again an unprecedented science, particularly. He is only a foot- pending patent. He first filed this on appreciation for intellectual property note in our history books. We all know December 28, 1871. Three years later his rights. Today with our study of histor- those great publishers that steer the finances were absolutely zero. ical records and ability to examine education process of America. He Living with the aid of public assist- many disparate sources of information, earns, if he is lucky, a footnote. Indeed, ance and unable to get a 7–A loan, we now know it is likely the invention many local libraries, if you search for which today we have available through of what we know today as a telephone his name in a card catalog, you may small business, Meucci was forced to took place in the middle of the 19th come up empty. Yet, substantial evi- allow the caveat to lapse at the end of century rather than its end, and its dence exists that he indeed developed that year. Two years after the expira- creator is believed to be Antonio the first telephone. It is Alexander tion of his caveat, Alexander Graham Meucci. He worked for years to develop Graham Bell who is most commonly Bell performed experiments in the a new system of electronic communica- given credit. After all, it was he, and same laboratory that Meucci worked, tion. However, poor and sick, he was not Meucci, who was awarded one of and he took out a patent for his own unable to keep the patents enforced the most valuable patents in American voice-transmitting device. The same and died before the courts could decide history. But the fact remains that laboratory. with finality whether he or Alexander Meucci’s scientific discoveries con- It is possible that sometimes several Graham Bell was the true inventor of cerning human voice transmission as inventors have the same idea at rough- the telephone. well as his tangible teletrofono pre- ly the same time. In this case, what It is known that Meucci dem- ceded those of Bell. has mattered is not who had the idea onstrated his device in 1860, that a de- In fact, when you examine, Mr. for the telephone first, but who first scription appeared in New York’s Speaker, how this all happened in a turned the idea into a viable commer- Italian language newspaper, and that place where Meucci heard an excla- cial enterprise. Let us not forget that Western Union received working mod- mation of a friend who was in another if Antonio Meucci could have paid the els from Meucci but reportedly lost room over a piece of copper wire run- $10 fee to maintain his caveat, the Bell them. ning between them, he realized imme- patent could not have been granted. It is also known that Meucci, due to diately that he had something that was Ten dollars. his limited means, settled for a caveat, more important than any discovery he b 1500 a one-year renewable notice of an im- had ever made. But that realization pending patent, first filed in 1871, but also came with the understanding that Let us not forget that the Supreme which he was unable to pursue after to succeed as an inventor, he would Court of the United States found that 1874, while Alexander Graham Bell was need an environment that truly fos- Meucci’s case was viable and warranted not granted a patent until 1876. tered his inquisitive mind and his vi- a trial at a circuit court. It is unfortu- Finally, it is known that the Su- brant spirit. nate that Meucci died before his case preme Court of the United States di- I believe that it is proper to honor could even be continued and before a rected the case to proceed to trial but the far-reaching contributions that An- resolution could be reached as to who Meucci died a short time later, ren- tonio Meucci made to our society, and truly invented the telephone; but most dering the case moot. I am not the only one. The Government importantly, let us not forget that An- So with these facts before the House of the United States and the Supreme tonio Meucci’s great contributions to today, I ask for the passage of this res- Court agree with me. In this Supreme science have had a profound impact on olution to honor the life and achieve- Court document, Mr. Speaker, it is our modern society. ments long overdue of Antonio Meucci, very clear in the many pages laid out Mr. Speaker, many people from many a great Italian American and a former across the record that this is no ordi- different nations have contributed to great Staten Islander. nary young man in his struggle. In 1887 this greatest of all democracies. Anto- Mrs. JO ANN DAVIS of Virginia. Mr. the Government moved to annul the nio Meucci was one such person. He is Speaker, I reserve the balance of my patent issued to Bell on the grounds of a reflection of our brothers and sisters time. misrepresentation, an indication that from all over the world who came to Mr. DAVIS of Illinois. Mr. Speaker, I the Supreme Court found viable and re- this country with nothing and worked yield such time as he may consume to manded for retrial. This is only one of hard to make this a better place for the gentleman from New Jersey (Mr. many published documents during the mankind. Some heralded, some not PASCRELL), one who represents the time, the late 1800s that outlined the even a footnote in the library. feisty tradition of Italians and of case being made for Meucci, indeed, the It is fitting that his efforts are recog- Italian Americans, and a great spokes- case we are making today on both sides nized here today, and I thank the gen- man not only for Italy and Italian of the aisle. In 1860 a description of his tleman from New York for allowing me Americans, but a great spokesman for first telephone model was published, as to work with him on this important all of America. the gentleman from New York (Mr. resolution. Mr. PASCRELL. Mr. Speaker, I want FOSSELLA) pointed out, in an Italian Mr. DAVIS of Illinois. Mr. Speaker, I to thank the gentleman from Illinois language newspaper in New York City, yield myself such time as I may con- (Mr. DAVIS) for yielding me time. 16 years before Bell’s patent. sume. Mr. Speaker, first I want to commend Indeed, Meucci’s extraordinary ca- We have no further requests for time, my good friend, the gentleman from reer flourished upon immigrating to and I would just like to close by thank- New York (Mr. FOSSELLA). How refresh- New York in 1850. His poor finances, his ing both the gentleman from New York ing it is to talk about an Italian Amer- limited English, his grasp of the lan- (Mr. FOSSELLA) and the gentleman ican out of the Hollywood spotlight guage was not very good. It plagued from New Jersey (Mr. PASCRELL) for and an Italian American not recog- him throughout his life. Yet, he this tremendous depiction of history nized. If only we took the time in this worked tirelessly to bring long dis- that they have given us this afternoon, society to deal with all ethnics, people tance communication to a practical which reinforces my desire to be a of all racial persuasions in fairness, stage. strong supporter of this resolution; and and that is what this resolution is all When his wife fell paralyzed in 1855, it also reinforces how great and how about: Fairness, honesty, breaking the Meucci set up a telephone system much opportunity there is that exists stereotypes that many of us have which joined several rooms of his house in this country. Every time we pass learned; in fact, probably, taught with- with his workshop in another building. one small measure, in this instance, it out our even knowing. This was the first such installation might have been a microbusiness loan We recognize today the life and anywhere; anywhere. Unfortunately, that could have changed the history of achievements of Antonio Meucci. He Meucci was unable to raise those funds our understanding of telecommuni- was a pauper. He had nothing. He came to pay his way through the arduous cations.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.020 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3311 Mr. Speaker, I yield back the balance world. Five years later, he was arranging dem- the rules were suspended and the reso- of my time. onstrations to attract financial backing. Unfor- lution was agreed to. Mrs. JO ANN DAVIS of Virginia. Mr. tunately, nothing came of this, and he spent a A motion to reconsider was laid on Speaker, I am pleased to yield 1 minute considerable time in poverty. His poverty the table. to the gentleman from New York (Mr. forced him to sell rights to his inventions to f FOSSELLA). others, and he never filed for a patent on a Mr. FOSSELLA. Mr. Speaker, I just telephone. After an accident left the inventor COMMEMORATING AND ACKNOWL- wanted to add and commend the two hospitalized, his wife sold all of his inventions, EDGING DEDICATION AND SAC- gentlemen, the gentleman from Illinois including the telephone prototype, to help pay RIFICE MADE BY MEN AND (Mr. DAVIS) and especially the gen- for his treatment. The ‘‘secondhand dealer’’ re- WOMEN KILLED OR DISABLED tleman from New Jersey (Mr. sold the items to an ‘‘unknown young man.’’ WHILE SERVING AS PEACE OFFI- PASCRELL) for a very strong and pas- To this day, we do not know the identity of this CERS sionate defense in support of the life of unknown young man. Mrs. JO ANN DAVIS of Virginia. Mr. a great American and great inventor Meucci tried to reconstruct his invention, but Speaker, I move to suspend the rules and merely add to the course, so to unable to raise the $250 needed for a patent, and agree to the resolution (H. Res. speak, that he was emblematic and re- a considerable sum in 1871, he filed a ‘‘notice 406) commemorating and acknowl- mains so as a representative of all of intent’’ on December 28, 1871, which he re- edging the dedication and sacrifice those who have come to this country to newed for two years, but not after. He tried to made by the men and women killed or seek a better life and an opportunity sell his ‘‘Talking Telegraph’’ to the newly es- disabled while serving as peace officers, and, in particular, to those Americans tablished Western Union Telegraph Company, as amended. of Italian descent who have and will asking permission to demonstrate it over their The Clerk read as follows: continue to make this the greatest wires. That test never got set up, and in 1876, H. RES. 406 country in the history of the world and Alexander Graham Bell filed a patent. in a small way and a long overdue way Whereas the well-being of all people of the Meucci instructed his lawyer to protest to United States is preserved and enhanced as a but in a small measure. I would ask my the U.S. Patent Office, but his lawyer failed to direct result of the vigilance and dedication colleagues to support it. do so. A friend did contact the office, only to of law enforcement personnel; Mrs. JO ANN DAVIS of Virginia. Mr. learn that all the documents filed by Meucci Whereas more than 700,000 law enforcement Speaker, the story of Antonio Meucci had been lost. Later investigation produced personnel, at great risk to their personal is a tragic one, and although he suc- evidence of illegal relationships linking certain safety, serve their fellow citizens as guard- cessfully demonstrated his electronic employees of the Patent Office and officials of ians of peace; communication years before Alexander Bell’s company. Whereas peace officers are on the front line Graham Bell received a patent for the Antonio Meucci was a brilliant inventor but a in preserving the right of the children of the United States to receive an education in a telephone, Meucci has been all but for- poor businessman. Despite his lack of suc- crime-free environment, a right that is all gotten. cess in business, he most certainly invented too often threatened by the insidious fear This resolution attempts to remedy the telephone. He is honored in my district caused by violence in schools; this oversight and give credit to one of with a road named for him in Copiague. I am Whereas 70 peace officers died at the World history’s great inventors. Meucci proud that we, the entire House of Represent- Trade Center in New York City on Sep- should be remembered with other atives, today will honor this man who has tember 11, 2001, the most peace officers ever innovators, like Edison, the Wright been overlooked by history for too long. killed in a single incident in the history of Brothers, and Marconi, whose vision Ms. JACKSON-LEE of Texas. Mr. Speaker, the Nation; Whereas more than 220 peace officers and tenacity changed our lives for the I add my voice to the praise and honor of An- across the Nation were killed in the line of better. tonio Meucci who, through his work toward the duty during 2001, which represents 57 percent Mr. Speaker, I urge all Members to invention of the telephone, has brought the more police fatalities than the previous year support this resolution. world together as few others have. Through and makes 2001 the deadliest year for the law Mr. ISRAEL. Mr. Speaker, I rise today to his ingenuity and perseverance, this Italian- enforcement community since 1974; honor a great New Yorker and a great inven- American changed the way the world commu- Whereas every year, 1 out of every 9 peace tor, Antonio Meucci. As the first member of the nicates, although as a newcomer to America, officers is assaulted, 1 out of every 25 peace House to join with our colleague from New he was often thwarted by his own inability to officers is injured, and 1 out of every 4,400 York, Mr. Fosella, on this resolution, I am peace officers is killed in the line of duty; communicate with those who could have, and Whereas section 136 of title 36, United gratified that it is coming before us today. should have given him the recognition he de- States Code, requests that the President House Resolution 269 honors the life and served. issue each year a proclamation designating achievements of Antonio Meucci, who came to Antonio Meucci came to America, pursuing May 15 as Peace Officers Memorial Day in New York in 1950. Born in San Frediano, near his dream of introducing his ‘‘Talking Tele- honor of Federal, State, and local officers Florence, Italy in April 1808, he was an inven- graph’’ to the world, and hoping to make a liv- killed or disabled in the line of duty; and tor through and through. He constantly read ing doing so. Instead, he struggled against his Whereas on May 15, 2002, more than 15,000 scientific tracts and conducted experiment own meager beginnings—not having the peace officers are expected to gather in after experiment. He went to Havana in 1835 money or verbal skills he needed to protect Washington, D.C. to join with the families of their recently fallen comrades to honor to work as a stage technician. It is there that his intellectual property. He also struggled those comrades and all others who went be- he had the first inkling of his greatest inven- against the incompetence and greed of others. fore them: Now, therefore, be it tion. Tragically, this extraordinary man’s decade- Resolved, That the House— Meucci developed a type of electro-shock long struggle for justice ended in poverty and (1) honors Federal, State, and local peace treatment for the ill. While preparing to admin- frustration. I am pleased that we are finally officers killed or disabled in the line of duty; ister one of his treatments, Meucci heard his helping him attain his rightful place in history. (2) supports the goals and ideals of Peace patient say something from the next room over I strongly support H.R. 269, honoring a man Officers Memorial Day; and the piece of copper wire running between who embodies the travails of the American Im- (3) calls upon the people of the United them. This was the event that sparked his States to observe such a day with appro- migrant experience—Antonio Meucci, the true priate ceremonies and respect. breakthrough. inventor of the telephone. Meucci spent the next ten years bringing the Mrs. JO ANN DAVIS of Virginia. Mr. The SPEAKER pro tempore. Pursu- idea of voices being transmitted over wire to Speaker, I yield back the balance of ant to the rule, the gentlewoman from a practical stage. With this goal, he left Cuba my time. Virginia (Mrs. JO ANN DAVIS) and the for New York in 1850. There he found many The SPEAKER pro tempore (Mr. DAN gentleman from Illinois (Mr. DAVIS) other Italians who had left their native land, in- MILLER of Florida). The question is on each will control 20 minutes. cluding the great revolutionary Garibaldi, who the motion offered by the gentlewoman The Chair recognizes the gentle- stayed in Meucci’s Staten Island home. from Virginia (Mrs. JO ANN DAVIS) that woman from Virginia (Mrs. JO ANN During his time in New York he had success the House suspend the rules and agree DAVIS). with his invention. After his wife became ill in to the resolution, H. Res. 269. GENERAL LEAVE 1855, he installed a kind of intercom system in The question was taken; and (two- Mrs. JO ANN DAVIS of Virginia. Mr. his house, the first installed anywhere in the thirds having voted in favor thereof) Speaker, I ask unanimous consent that

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.022 pfrm01 PsN: H11PT1 H3312 CONGRESSIONAL RECORD — HOUSE June 11, 2002 all Members may have 5 legislative The National Law Enforcement Me- Mr. HEFLEY. Mr. Speaker, I thank days within which to revise and extend morial has an engraved quote by the the gentlewoman from Virginia (Mrs. their remarks on H. Res. 406. Roman orator and great public official, JO ANN DAVIS) and the gentleman from The SPEAKER pro tempore. Is there Tacitus: ‘‘In valor . . . there is hope.’’ Illinois (Mr. DAVIS) for their support of objection to the request of the gentle- Mr. Speaker, those who work in law this resolution. How could we not sup- woman from Virginia? enforcement, and especially those who port this kind of a resolution? Where There was no objection. have sacrificed their lives, prove the would our society be without those Mrs. JO ANN DAVIS of Virginia. Mr. truth of those words. We thank them people who are willing to lay their Speaker, I yield myself such time as I for that. lives on the line for us every day out may consume. Mr. Speaker, I ask all Members to there in the trenches of the front line? Mr. Speaker, I am pleased to have support this resolution. Mr. Speaker, I rise today to honor the House consider House Resolution Mr. Speaker, I reserve the balance of the peace officers from around the 406, important legislation introduced my time. country, those who came to Wash- by my distinguished colleague, the gen- Mr. DAVIS of Illinois. Mr. Speaker, I ington last month to commemorate the tleman from Colorado (Mr. HEFLEY). yield myself such time as I might con- deaths of over 230 peace officers last This resolution honors those peace offi- sume. year and, particularly, to honor the cers who have been disabled or killed Mr. Speaker, the first recorded law memory of those 230 peace officers who in the line of duty, and it supports the enforcement fatality in the perform- gave their lives last year. Today, we goals and ideal of Peace Officers Memo- ance of duty occurred on May 17, 1792. pay tribute to the commitment, the rial Day. The officer’s name was Isaac Smith, a sacrifice and public safety services Mr. Speaker, engraved on the Na- sheriff’s deputy in New York City, who peace officers have provided on a daily tional Law Enforcement Officers Me- was shot to death while attempting to basis and continue to do so. morial in Washington, D.C., is a verse make an arrest. Since that time, more As we all know, September 11 stands from Proverbs 28:1: ‘‘The wicked flee than 15,000 other officers have been out as one of the most tragic days in when no man pursueth; but the right- killed in the line of duty; and today, American history. That fateful Tues- eous are as bold as a lion.’’ Today, over roughly 740,000 officers continue to put day we lost 72 police officers, the larg- 740,000 sworn law enforcement per- their lives on the line for the safety, est single loss of law enforcement personnel, which is the highest figure welfare, and protection of others. sonnel in a single day in the history of ever, live by that quotation from Prov- May 15 is Peace Officers Memorial our country. erbs. These 740,000 men and women Day, and it is fitting that this resolu- While September 11 offered an ex- serve their communities and Nation as tion honoring the men and women of treme glimpse of law enforcement serv- guardians of peace, often at great risk this country who were killed or dis- ice and sacrifice, similar acts of her- to their personal safety. abled while serving as law enforcement oism and valor are performed every day The year 2001 was one of the deadliest by police officers across our Nation; years on record for law enforcement in officers be brought before this body. September 11, 2001, provided a somber and the two speakers that preceded me the United States. The deaths occurred illustrated some of those just in this 1 in a wide variety of circumstances, perspective of the importance of Peace Officers Memorial Day. In addition to year, leading up to this day, less than demonstrating that, no matter how a year, those who have died and lost routine an assignment might seem, a the 70 law enforcement officers who died at the World Trade Center, an- their lives and given of themselves. police officer’s life may be at risk. In addition to the 72 officers that other 158 officers died in the line of The National Law Enforcement Me- died on September 11, another 158 offi- duty last year. Those 228 deaths rep- morial tells the story of those slain in cers died in the line of duty last year; resent the sixth deadliest year in law the line of duty. and these 230 deaths represent the enforcement history in this country. The first fatality of 2001 occurred sixth deadliest year in law enforcement The first fatality of 2001 occurred shortly after midnight on January 1 history, as has already been said. when Tennessee State Trooper John shortly after midnight on January 1, Peace officers in every community Mann was struck and killed while when Tennessee State Trooper John have an admirable record of service struggling with a carjacker along an Mann was struck and killed while and sacrifice; yet too many Americans interstate highway. struggling with a carjacker along an lack a true understanding and appre- On September 11, 2001, more law en- interstate highway. ciation of law enforcement’s worth. forcement officers were killed in a sin- The 228th law enforcement fatality That is why I worked 2 years ago to gle incident than ever before in Amer- occurred on December 29 when Lieuten- help establish the National Law En- ican history when 70 law enforcement ant Randy Gerald, a South Carolina forcement Museum in Washington, officers died at the World Trade Center sheriff, stopped on his way home from D.C.; and once construction is com- in New York City. work to assist a woman who was being pleted, the museum will highlight the The last law enforcement fatality in assaulted at a rest stop. As he pulled proud history of the law enforcement 2001 occurred on December 29 in Horry up, the assailant walked over to Lieu- profession and educate the people County, South Carolina. Lieutenant tenant Gerald and shot him three about the dangers and the importance Randy Gerald of the Horry County times. of this job. Sheriff’s Office stopped on his way These incidents, and countless oth- Unlike any other job, peace officers home from work to assist a woman who ers, bring to the forefront the sacrifice, face unprecedented risks while bravely was being assaulted at a rest stop. As acts of heroism and valor that police protecting our communities and our he pulled up, the assailant walked over officers across the Nation perform freedoms. I hope my colleagues will to Lieutenant Gerald’s vehicle and shot every day. Their bravery and commit- join with me today in paying tribute to him three times. ment to the job deserves to be remem- our Nation’s fallen officers and express- Congress has recognized May 15 as bered and revered, for it is obviously ing our gratitude for the work that the day on which all Americans should true that no greater gift can one give these men and women do day in and honor the dedicated men and women of than to use his or her life for the safety day out. While we are awake, while we law enforcement. On May 15, 2002, over and protection of others. are asleep, they are out there on the 15,000 law enforcement officers gath- I would urge all Members to support job. ered here in our Nation’s capital to this resolution. Mr. DAVIS of Illinois. Mr. Speaker, join with the families of their recently Mr. Speaker, I reserve the balance of it is my pleasure to yield such time as fallen comrades to honor them and all my time. he might consume to the gentleman others who went before them. Mrs. JO ANN DAVIS of Virginia. Mr. from California (Mr. FILNER). We keep in our prayers those whose Speaker, I yield such time as he may Mr. FILNER. Mr. Speaker, I thank loved ones have fallen while serving as consume to the gentleman from Colo- the gentleman from Illinois (Mr. law enforcement officers. We keep in rado (Mr. HEFLEY), and I would like to DAVIS) for yielding me the time. our prayers and thank those who work thank him for introducing this impor- I thank the gentleman from Colorado as law enforcement officers today. tant piece of legislation. (Mr. HEFLEY) for introducing this very

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.024 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3313 important resolution. I thank the gen- let us recognize them, too. Let us clas- these people have made while serving as tlewoman from Virginia (Mrs. JO ANN sify, and take the training that they Peace Officers. DAVIS) and the gentleman from Illinois have been given and the risks that they It is important to realize that these dedicated (Mr. DAVIS) for their eloquent state- face, and give them the status that officers are here for us. The amount of nega- ments on behalf of law enforcement of- they deserve. I hope as we all vote for tivity which has to be put up with on a day to ficers and how much they mean to our this resolution on the floor, we will day basis is above and beyond what any per- Nation. think about H.R. 1841, the Law En- son should be expected to deal with. Every I rise today, though, to point out an forcement Equity Act, and move for- day that they leave for work their lives are in irony and hope to get support from my ward in those situations also. danger. If 1 out of every 4,400 peace officers colleagues for law enforcement officers Mr. DAVIS of Illinois. Mr. Speaker, I is killed in the line of duty that is sadly a high in our Federal agencies. have no further requests for time, and rate. In 2001 there was a rise in deaths by I hope that those who are on the floor I yield back the balance of my time. over one and a half times that of the previous today know that there are law enforce- Mrs. JO ANN DAVIS of Virginia. Mr. year. This makes 2001 the most fatal year for ment officers throughout the Federal Speaker, I yield myself such time as I police fatalities since 1974. The last that their Government who protect us day and may consume. government could do, would be to recognize night. They may be in INS. They may Mr. Speaker, over 14,500 Federal, and acknowledge the sacrifice these people be in U.S. Customs. They may be post- State, and local law enforcement offi- make. al police. They may be police officers cers have been killed in the line of duty House Resolution 406 does just that. This for the Veterans Administration. They since 1900. It is appropriate that the bill will honor all Federal, State, and local work to protect our airports, the Li- House and the people of the United peace officers who have been killed or dis- brary of Congress, the Supreme Court. States recognize the men and women abled in the line of duty. It will support all of They are members of the Bureau of Al- who work as law enforcement officers. the goals and ideals of Peace Officers Memo- cohol, Tobacco and Firearms. There are fathers and mothers, sons rial Day. Finally it calls upon all Americans to These are law enforcement officers and daughters, brothers and sisters, observe such a day with appropriate cere- who do not have law enforcement sta- friends and neighbors, and they deserve monies and respect. tus in terms of their pay and their re- this recognition. I urge all Members to Accordingly, I urge my colleagues to support tirement benefits. Mr. Speaker, these support this resolution, as amended. House Resolution 406 to commemorate and are people who are trained to carry a Mrs. MCCARTHY of New York. Mr. Speak- acknowledge the dedication and sacrifices weapon. They wear bulletproof vests. er, I rise in support of House Resolution 406 made by the men and women killed or dis- They have a badge. They face the risk offered by the gentleman of Colorado, Mr. abled while serving as Peace Officers. every day that police officers in our HEFLEY. Ms. JACKSON-LEE of Texas. Mr. Speaker, cities and States have to face. Today, we honor some of our nation’s most Americans have been called upon as a nation I have watched mainly the inspectors courageous citizens: local law enforcement of- to show courage. The Peace Officers are pro- at the U.S.-Mexico border in the dis- ficers. On September 11, 2001, many New tecting our daily freedoms. Law enforcement is trict I represent in San Diego. I have York officers risked their lives to come to the the front line protector of freedom. In an un- watched members of the INS and U.S. rescue of those in crisis as the World Trade predictable and constantly changing world, Customs literally face death in con- Towers came crashing down. And tragically, where communities and families expect safety frontations with those who are trying many of these courageous men and women and security, Peace Officers continually strive to cross the border illegally or those perished. to be the best law enforcement officers recog- who are trying to bring drugs and prob- In the nine months since September 11, the nized for their responsiveness and integrity. ably at some future point with terror- world watched the United States recover. The These Peace Officers put their lives on the ists; and yet I say again they are remains of the World Trade Center have been line everyday for their communities with cour- trained as law enforcement officers. cleared away, but the memory of tremendous age and honor. They have the risk of law enforcement heroism remained in the trying days, weeks, Courage is the feeling of one’s own power officers, but they do not have the sta- and months that followed. Our nation will when summoned to duty. Courage comes not tus of law enforcement officers. That never forget the brave law enforcement offi- from facing the everyday but from standing means that they do not get either the cers who selflessly answered the call to duty fast against uncertainty. Courage is not inher- pay or the retirement benefits of those on that dark September day. ited and not a matter of biological chance. who are so classified. Today, we honor law enforcement for their We may never understand the grief that the committed response to the September 11 ter- family suffers with the loss of a Peace Officer. b 1515 rorist attacks, but we also give tribute to our However, those of us left behind recognize Mr. Speaker, we talk today about local officers for the important work and sac- that these officers did not die in vain. We owe honoring our law enforcement officers, rifice they offer each and every day. In cities, a debt to those who have given their lives, and how their names are engraved at towns and villages throughout our great na- and the peace officers of this country want this the National Law Enforcement Memo- tion, they protect Americans from violence and memory to stay fresh in the minds of the citi- rial several blocks away. It is ironic fight crime in our streets and schools. We de- zens. that some of these people that I refer pend on our community’s law enforcement, Therefore, I rise to lend my support and to in the Department of Customs or not just times of great tragedy, but in our daily urge the establishment of a Peace Officers INS, their names are engraved on the lives. Memorial Day in honor of Federal, State, and Law Enforcement Memorial, and they I urge my colleagues to support this impor- local peace officers killed or disabled in the are recognized as law enforcement offi- tant resolution and encourage all Americans to line of duty. They must never be forgotten, cers when they died, but we do not rec- respect and honor the remarkable contribu- and we will remember their courage and duty. ognize them as such when they are liv- tions of local law enforcement. They make our Mrs. JO ANN DAVIS of Virginia. Mr. ing when we should pay recognition to nation strong and proud. Speaker, I yield back the balance of them. Mr. GILMAN. Mr. Speaker, colleagues, and my time. I hope those who are honoring our Representative JOEL HEFLEY of Colorado for The SPEAKER pro tempore (Mr. DAN law enforcement officers today will introducing House Resolution 406 to the floor. MILLER of Florida). The question is on look at H.R. 1841, the Law Enforcement It is important that Congress, as well as all the motion offered by the gentlewoman Equity Act. It has over 180 sponsors, Americans’ realize how much dedication from Virginia (Mrs. JO ANN DAVIS) that Democrat and Republican, from all peace keeping officers have. In the great trag- the House suspend the rules and agree across the country. I think it is time as edy of September 11th, 70 peace keeping offi- to the resolution, H. Res. 406, as we think today of our peace officers cers made the ultimate sacrifice in the line of amended. and law enforcement officers all over duty. This does not stop there however, this The question was taken; and (two- this Nation who have died in the line of year there was a 57 percent rise in police fa- thirds having voted in favor thereof) duty, as we recall September 11 and the talities than the previous year. The risks which the rules were suspended and the reso- bravery of our peace officers there, I these officers take every day is considerably lution, as amended, was agreed to. think it is time to say to our officers great. House Resolution 406 it will allow Con- A motion to reconsider was laid on throughout the Federal Government, gress to recognize all of the sacrifices which the table.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.026 pfrm01 PsN: H11PT1 H3314 CONGRESSIONAL RECORD — HOUSE June 11, 2002 HERBERT ARLENE POST OFFICE Mr. Speaker, I reserve the balance of Mrs. JO ANN DAVIS of Virginia. Mr. BUILDING my time. Speaker, I urge adoption of this meas- Mrs. JO ANN DAVIS of Virginia. Mr. Mr. DAVIS of Illinois. Mr. Speaker, I ure, and I yield back the balance of my Speaker, I move to suspend the rules yield myself such time as I may con- time. and pass the bill (H.R. 3738) to des- sume. Mr. DAVIS of Illinois. Mr. Speaker, I ignate the facility of the United States Mr. Speaker, H.R. 3738, which names have no further requests for time, and Postal Service located at 1299 North the U.S. Post Office located in Phila- I yield back the balance of my time. 7th Street in Philadelphia, Pennsyl- delphia after Herbert Arlene was intro- The SPEAKER pro tempore. The vania, as the ‘‘Herbert Arlene Post Of- duced by the gentleman from Pennsyl- question is on the motion offered by fice Building’’. vania (Mr. BRADY) on February 13, 2002. the gentlewoman from Virginia (Mrs. The Clerk read as follows: Herbert Arlene was Pennsylvania’s JO ANN DAVIS) that the House suspend first African American elected to the the rules and pass the bill, H.R. 3738. H.R. 3738 State Senate in that State. Senator The question was taken; and (two- Be it enacted by the Senate and House of Rep- thirds having voted in favor thereof) resentatives of the United States of America in Arlene also served in the State House Congress assembled, of Representatives from 1958 to 1966 the rules were suspended and the bill SECTION 1. HERBERT ARLENE POST OFFICE representing North Central Philadel- was passed. BUILDING. phia. In addition to being a politician A motion to reconsider was laid on (a) DESIGNATION.—The facility of the and elected official, he was an active the table. United States Postal Service located at 1299 businessman, a philanthropist, and a f North 7th Street in Philadelphia, Pennsyl- community activist until his death in REV. LEON SULLIVAN POST vania, shall be known and designated as the 1989. ‘‘Herbert Arlene Post Office Building’’. OFFICE BUILDING (b) REFERENCES.—Any reference in a law, H.R. 3738 is a fitting tribute to the late Senator Herbert Arlene, and I Mrs. JO ANN DAVIS of Virginia. Mr. map, regulation, document, paper, or other Speaker, I move to suspend the rules record of the United States to the facility re- would urge its swift passage and com- ferred to in subsection (a) shall be deemed to mend the gentleman from Pennsyl- and pass the bill (H.R. 3739) to des- be a reference to the Herbert Arlene Post Of- vania (Mr. BRADY) for its introduction. ignate the facility of the United States fice Building. I urge all Members to vote in favor of Postal Service located at 6150 North The SPEAKER pro tempore. Pursu- this legislation. Broad Street in Philadelphia, Pennsyl- ant to the rule, the gentlewoman from Mr. Speaker, I reserve the balance of vania, as the ‘‘Rev. Leon Sullivan Post Virginia (Mrs. JO ANN DAVIS) and the my time. Office Building’’. The Clerk read as follows: gentleman from Illinois (Mr. DAVIS) Mrs. JO ANN DAVIS of Virginia. Mr. each will control 20 minutes. Speaker, I reserve the balance of my H.R. 3739 The Chair recognizes the gentle- time. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in woman from Virginia (Mrs. JO ANN Mr. DAVIS of Illinois. Mr. Speaker, I Congress assembled, DAVIS). yield such time as he may consume to SECTION 1. REV. LEON SULLIVAN POST OFFICE GENERAL LEAVE the gentleman from Pennsylvania (Mr. BUILDING. Mrs. JO ANN DAVIS of Virginia. Mr. BRADY). (a) DESIGNATION.—The facility of the Speaker, I ask unanimous consent that Mr. BRADY of Pennsylvania. Mr. United States Postal Service located at 6150 all Members may have 5 legislative Speaker, we have heard the credentials North Broad Street in Philadelphia, Pennsyl- days within which to revise and extend of Herbert Arlene being the first Afri- vania, shall be known and designated as the their remarks on the bill under consid- can American State Senator in the ‘‘Rev. Leon Sullivan Post Office Building’’. State of Pennsylvania, a position that (b) REFERENCES.—Any reference in a law, eration. map, regulation, document, paper, or other The SPEAKER pro tempore. Is there we were all proud that he held. On a record of the United States to the facility re- objection to the request of the gentle- personal note, I was elected chairman ferred to in subsection (a) shall be deemed to woman from Virginia? of the Democratic Party along with be a reference to the Rev. Leon Sullivan Post There was no objection. him, and he was elected as my Sec- Office Building. Mrs. JO ANN DAVIS of Virginia. Mr. retary. I served with him for 10 years, The SPEAKER pro tempore. Pursu- Speaker, I yield myself such time as I and he served with distinction in the ant to the rule, the gentlewoman from may consume. city of Philadelphia in the Democratic Virginia (Mrs. JO ANN DAVIS) and the Mr. Speaker, H.R. 3738, introduced by Party. gentleman from Illinois (Mr. DAVIS) the gentleman from Pennsylvania (Mr. Senator Arlene was a hands-on politi- each will control 20 minutes. BRADY) is to designate the post office cian. He served the community in The Chair recognizes the gentle- located in Philadelphia, Pennsylvania, many ways, including as the leader of woman from Virginia (Mrs. DAVIS). as the ‘‘Herbert Arlene Post Office the 47th Ward in the city of Philadel- GENERAL LEAVE Building.’’ Members of the entire phia. Mrs. JO ANN DAVIS of Virginia. Mr. House delegation from the Common- Mr. Speaker, Herbert Arlene left be- Speaker, I ask unanimous consent that wealth of Pennsylvania are cosponsors hind a loving family, as well as a new all Members may have 5 legislative of this legislation. generation of leaders in North Phila- days within which to revise and extend Mr. Speaker, Pennsylvania State delphia. Many of my constituents con- their remarks on the bill under consid- Senator Herbert Arlene ably rep- tinue to revere Senator Arlene for his eration. resented Philadelphia’s Third Senato- importance to Pennsylvania’s history. The SPEAKER pro tempore. Is there rial District in North Central Philadel- They also recognize him for his empha- objection to the request of the gentle- phia for 14 years. Senator Arlene was sis on constituent service, and his love woman from Virginia? Pennsylvania’s first African American of the city and the commonwealth. It There was no objection. elected to the State Senate. Prior to is fitting that we designate the facility Mrs. JO ANN DAVIS of Virginia. Mr. his 1966 election to the Senate, he at 1299 North 7th Street in Philadel- Speaker, I yield myself such time as I served in the State House of Represent- phia as the Herbert Arlene Post Office may consume. atives from 1958 to 1966. He was a busi- Building. Mr. Speaker, H.R. 3739, introduced by nessman, philanthropist and commu- I thank the gentleman from Indiana the gentleman from Pennsylvania (Mr. nity activist until his death in 1989 at (Chairman BURTON) and ranking mem- BRADY) designates a post office located age 72. ber, the gentleman from California in Philadelphia, Pennsylvania as the Many Philadelphians continue to re- (Mr. WAXMAN) of the Committee on Reverend Leon Sullivan Post Office vere Senator Arlene for his importance Government Reform, and the gen- Building. Members of the entire House to Pennsylvania’s history. They also tleman from Florida (Mr. WELDON) and delegation from the Commonwealth of recognize him for his emphasis on con- the gentleman from Illinois (Mr. Pennsylvania are cosponsors of this stituent services, and for his love of his DAVIS) for all of their hard work on legislation. city and his commonwealth. Mr. this bill. I urge Members to support Mr. Speaker, the Reverend Leon Sul- Speaker, I urge adoption of H.R. 3738. this bill. livan devoted his life to helping others

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.031 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3315 help themselves. Born and raised in He is perhaps most remembered for their hard work on this bill. I urge my Charleston, West Virginia, Leon Sul- the bold and innovative role he played colleagues to support this bill. livan became pastor of Zion Baptist in the global campaign to dismantle Mrs. JO ANN DAVIS of Virginia. Mr. Church in urban Philadelphia in 1950, the system of apartheid in South Afri- Speaker, I urge all Members to support eventually increasing its membership ca. In 1977, Reverend Leon Sullivan de- this important piece of legislation. from 600 to 6,000, making it one of the veloped a code of conduct for compa- Ms. PELOSI. Mr. Speaker, I rise today in largest congregations in America. nies operating in that country. The support of naming a post office in Philadelphia In 1964, he founded Opportunities and ‘‘Sullivan Principles,’’ signed by more after the Rev. Leon Sullivan. Industrialization Centers, OICs, a self- than 125 U.S. corporations, required ra- Leon Sullivan was first of all, a man of God help training program that has spread cial equality and desegregation in the with deep spiritual beliefs as a Baptist min- to 76 centers in the United States and workplace, corporate involvement in ister. Rev. Sullivan made his mark in our 33 centers in 18 other countries, train- the South African black community, country as a civil rights leader and founder of ing more than 2 million people world- and stated opposition to the apartheid the Opportunities Industrialization Centers, wide. system. which provides job training for in the U.S. and In 1971, Reverend Sullivan joined the Reverend Leon Sullivan was the re- 18 other countries. GM board of directors, and became the cipient of numerous awards and honors Rev. Sullivan made his mark on the inter- first African American on the board of recognizing his ministry and commit- national stage as a humanitarian in the strug- a major corporation. In 1977, Reverend ment to social justice. He was awarded gle to free South Africa from the grip of the Sullivan developed a code of conduct the Presidential Medal of Freedom, and apartheid regime. As a member of the board for companies operated in South Afri- received the Dahlberg Peace Award of General Motors, in 1977, Rev. Sullivan de- ca. The ‘‘Sullivan Principles’’ created a from the American Baptist Convention. veloped the ‘‘Sullivan Principles’’ as a guide revolution in industrial race relations Reverend Sullivan died on April 24, for companies operating in South Africa. They and were instrumental in dismantling 2001 of leukemia. He was 78 years old. I played a major role in convincing U.S. compa- apartheid. In 1999, the Global Sullivan commend my colleague for seeking to nies to divest in South Africa as long as the Principles were issued at the United honor such an outstanding man of black majority was oppressed. Nations. This expanded code calls for peace and vision, and urge swift consid- One of my greatest personal experiences multinational companies to take an eration of this measure. was meeting with Rev. Sullivan and listening active role in the advancement of Mr. Speaker, I might add, I was in intently as he discussed with such passion human rights and social justice. Nairobi, Kenya in 1975, and was pleased and power, the need to help the African peo- Among his many other honors, in to see as I got off the plane and got ple move toward self-determination. I was 1992 Sullivan was awarded the Presi- downtown Nairobi, the first thing I saw proud to be of assistance to him. dential Medal of Freedom, the highest was an OIC; and I said, I guess I am in Rev. Sullivan also wrote a book called the civilian award given in the United the right place. Global Sullivan Principles, which addressed States. Reverend Leon Sullivan died on Mr. Speaker, I reserve the balance of the responsibility of multinational corporations April 24, 2001, of leukemia at a Scotts- my time. to provide a livable pay for all workers. ‘‘Every dale, Arizona hospital. He was 78. I Mrs. JO ANN DAVIS of Virginia. Mr. business, large and small, can find a way to urge adoption of H.R. 3739. Mr. Speaker, I reserve the balance of Speaker, I reserve the balance of my improve the standard of life for poor people my time. time. who need help in America and in the world,’’ Mr. DAVIS of Illinois. Mr. Speaker, I Mr. DAVIS of Illinois. Mr. Speaker, I he said. yield myself such time as I may con- yield such time as he may consume to Mr. Speaker, I strongly support this effort to sume. the gentleman from Pennsylvania (Mr. name a post office on behalf of the Rev. Leon Mr. Speaker, H.R. 3739, which des- BRADY). Sullivan, a man who saw the need for job ignates a U.S. Post Office located in Mr. BRADY of Pennsylvania. Mr. training and set about developing job training Philadelphia after Reverend Leon Sul- Speaker, I thank the gentleman for centers around our country and around the livan was introduced by the gentleman yielding me this time. world. What a high honor to recognize a man from Pennsylvania (Mr. BRADY) on Mr. Speaker, today we honor the lion who saw the wrong of the South African apart- February 13, 2002. of Zion, Reverend Leon Sullivan, and it heid regime and set about righting it. The Reverend Leon Sullivan, a is fitting that we name the post office I urge my colleagues to support this bill. prominent social activist/reformer was at 6150 North Broad Street in Philadel- Mrs. JO ANN DAVIS of Virginia. Mr. the pastor of the Zion Baptist Church phia as the Rev. Leon Sullivan Post Of- Speaker, I yield back the balance of in Philadelphia for 38 years, overseeing fice. my time. congregational growth from 600 to I have my speech here prepared, and Mr. DAVIS of Illinois. Mr. Speaker, I 6,000. His commitment to social reform I thank my two colleagues for their yield back the balance of my time. and justice extended into national and heartfelt words, but I would like to add The SPEAKER pro tempore (Mr. DAN international areas. In 1964, he founded a personal note. MILLER of Florida). The question is on the motion offered by the gentlewoman the Opportunities Industrialization b 1530 Center in Philadelphia, which spon- from Virginia (Mrs. JO ANN DAVIS) that sored extensive training and retraining I knew the Reverend Leon Sullivan. I the House suspend the rules and pass of welfare recipients. The program was knew him well. He is revered in the the bill, H.R. 3739. expanded into other cities and coun- city of Philadelphia as the Zion Church The question was taken; and (two- tries. is on North Broad Street. His spirit thirds having voted in favor thereof) I am pleased to say that I had the op- lives on with that church. It is as vi- the rules were suspended and the bill portunity to actually work with the brant as can be and is staying as vi- was passed. OIC that was founded in Chicago, and brant as it can be with the 6,000 mem- A motion to reconsider was laid on almost took a job working for them at bers that are there. I would like to say the table. one time. Perhaps if I had done that, I that a lot of good people are following f would not have ended up doing in his footsteps. They are very, very electorial politics. large footsteps. I like to think that I WILLIAM V. CIBOTTI POST OFFICE Reverend Leon Sullivan was also the got a little piece of that. I knew him BUILDING founder of the National Progress Asso- personally. He was a dear friend. I had Mrs. JO ANN DAVIS of Virginia. Mr. ciation for Economic Development a good opportunity to see him not too Speaker, I move to suspend the rules which supported minority businesses in long before his death. He will surely be and pass the bill (H.R. 3740) to des- economic development and training. missed. ignate the facility of the United States He served on the boards of a number of I also again thank Chairman BURTON Postal Service located at 925 Dickinson major corporations and organizations, and Ranking Member WAXMAN of the Street in Philadelphia, Pennsylvania, including General Motors, the Boy Committee on Government Reform as as the ‘‘William V. Cibotti Post Office Scouts of America, and several large well as Chairman WELDON and Ranking Building,’’ as amended. banks. Member Davis and their staffs for all The Clerk read as follows:

VerDate 11-MAY-2000 04:41 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.035 pfrm01 PsN: H11PT1 H3316 CONGRESSIONAL RECORD — HOUSE June 11, 2002 H.R. 3740 have given us the opportunity to con- servant of the people. As a testimony Be it enacted by the Senate and House of Rep- sider all three of these postal naming to that, his daughter, Anna Cibotti resentatives of the United States of America in bills at one time, and I am sure that Verna, has continued his history of Congress assembled, the gentleman from Pennsylvania (Mr. service as the Second District’s SECTION 1. WILLIAM A. CIBOTTI POST OFFICE BRADY) is also appreciative of that. councilperson and as our council presi- BUILDING. Mr. Speaker, H.R. 3740, which names dent. I know that she is proud of her fa- (a) DESIGNATION.—The facility of the the U.S. post office located in Philadel- United States Postal Service located at 925 ther and all he has accomplished. But I Dickinson Street in Philadelphia, Pennsyl- phia after William Cibotti, was intro- also know that he is even prouder of vania, shall be known and designated as the duced on February 13, 2002, by the gen- her as he looks down on all that she ‘‘William A. Cibotti Post Office Building’’. tleman from Pennsylvania (Mr. has achieved. Anna Verna is without (b) REFERENCES.—Any reference in a law, BRADY). question one of the finest, classiest map, regulation, document, paper, or other William A. Cibotti was born in Phila- people I know, in or out of government. record of the United States to the facility re- delphia, Pennsylvania. He graduated Hopefully she will continue to serve for ferred to in subsection (a) shall be deemed to from South Philadelphia High School many years in that capacity. be a reference to the William A. Cibotti Post and the National Business College. Al- I would like to thank Chairman BUR- Office Building. ways very active in the political affairs TON and Ranking Member WAXMAN of The SPEAKER pro tempore. Pursu- of South Philadelphia, and the Demo- the Committee on Government Reform ant to the rule, the gentlewoman from cratic Party, he was elected city mag- as well as Chairman WELDON and Rank- Virginia (Mrs. JO ANN DAVIS) and the istrate in 1952. He held that office until ing Member DAVIS and their staffs for gentleman from Illinois (Mr. DAVIS) 1966 when he was elected city council- all their hard work on this bill. I again each will control 20 minutes. man in the Second District and was re- join my colleague in thanking the lead- The Chair recognizes the gentle- elected in 1970. ership in the Democratic and the Re- woman from Virginia (Mrs. JO ANN A member of many civic, fraternal, publican Party for bringing these bills DAVIS). charitable and social organizations, to the floor for passage. GENERAL LEAVE William Cibotti worked tirelessly on I urge my colleagues to support this Mrs. JO ANN DAVIS of Virginia. Mr. behalf of his constituents, community bill. Speaker, I ask unanimous consent that and his homeland of Italy. The Italian Mr. DAVIS of Illinois. Mr. Speaker, I all Members may have 5 legislative government awarded Councilman have no further requests for time, and days to revise and extend their re- Cibotti the decoration of Cavaliere of I yield back the balance of my time. marks on the bill under consideration. the Order of the Star of Italian Soli- Mrs. JO ANN DAVIS of Virginia. Mr. The SPEAKER pro tempore. Is there darity. Councilman Cibotti passed Speaker, I urge all Members to support objection to the request of the gentle- away on January 17, 1975. this measure, and I yield back the bal- woman from Virginia? The gentleman from Pennsylvania ance of my time. There was no objection. (Mr. BRADY) is to be commended for The SPEAKER pro tempore. The Mrs. JO ANN DAVIS of Virginia. Mr. seeking to honor William Cibotti by question is on the motion offered by Speaker, I yield myself such time as I designating a post office in his honor. I the gentlewoman from Virginia (Mrs. may consume. urge the swift consideration of H.R. JO ANN DAVIS) that the House suspend Mr. Speaker, H.R. 3740, introduced by 3740 with the necessary amendments. the rules and pass the bill, H.R. 3740, as the distinguished gentleman from Again, I want to thank the House amended. Pennsylvania (Mr. BRADY), designates leadership, both Republican and Demo- The question was taken; and (two- a post office located in Philadelphia, cratic, for the expeditious manner in thirds having voted in favor thereof) Pennsylvania as the William V. Cibotti which these bills were processed so the rules were suspended and the bill, Post Office Building. Members of the that they can be considered at this as amended, was passed. entire House delegation from the Com- time. The title of the bill was amended so monwealth of Pennsylvania are cospon- Mr. Speaker, I yield such time as he as to read: ‘‘A bill to designate the fa- sors of this legislation. may consume to the gentleman from cility of the United States Postal Serv- Mr. Speaker, William Cibotti was Pennsylvania (Mr. BRADY). ice located at 925 Dickinson Street in born in Philadelphia, the son of Italian Mr. BRADY of Pennsylvania. I thank Philadelphia, Pennsylvania, as the immigrants. A leader in South Phila- the gentleman from Illinois for yield- ‘William A. Cibotti Post Office Build- delphia’s civic life for many years, Mr. ing me this time. ing’.’’. Cibotti was chosen by his neighbors to Mr. Speaker, it is with great pride A motion to reconsider was laid on serve as an elected magistrate from that I urge the passage of this bill the table. 1952 to 1966. In that year he was elected which honors one of the legends of f Philadelphia city councilman for the South Philadelphia, William A Cibotti. PUBLIC BUILDINGS, PROPERTY, Second District, a position his daugh- I am pleased that the post office at 925 AND WORKS AMENDMENTS ACT ter, Council President Anna Cibotti Dickinson Street in Philadelphia, in Verna, continues to hold. South Philadelphia, will be known as Mr. SENSENBRENNER. Mr. Speak- Councilman Cibotti received a great the William A. Cibotti Post Office er, I move to suspend the rules and many distinctions during his illus- Building. pass the bill (H.R. 2068) to revise, cod- trious career, including being named Mr. Cibotti was born in Philadelphia, ify, and enact without substantive Cavaliere of the Order of the Star of the son of Italian immigrants. A leader change certain general and permanent Italian Solidarity, an honor conferred in South Philadelphia’s civic life for laws, related to public buildings, prop- by the government of the Italian Re- many years, Mr. Cibotti was chosen by erty, and works, as title 40, United public. his neighbors to serve as an elected States Code, ‘‘Public Buildings, Prop- Mr. Speaker, I urge adoption of H.R. magistrate from 1952 to 1966. In that erty, and Works,’’ as amended. 3740, as amended. year he was elected Philadelphia city The Clerk read as follows: Mr. Speaker, I reserve the balance of councilman for the Second District in H.R. 2068 my time. the city of Philadelphia, a position his Be it enacted by the Senate and House of Rep- Mr. DAVIS of Illinois. Mr. Speaker, I daughter, Council President Anna resentatives of the United States of America in Congress assembled, yield myself such time as I may con- Cibotti Verna, continues to hold. sume. Councilman Cibotti received a great SECTION 1. TITLE 40, UNITED STATES CODE. Certain general and permanent laws of the First of all, Mr. Speaker, I want to many distinctions during his illus- United States, related to public buildings, prop- thank the gentleman from Indiana (Mr. trious career, including the decoration erty, and works, are revised, codified, and en- BURTON) and the gentleman from Cali- of Cavaliere of the Order of the Star of acted as title 40, United States Code, ‘‘Public fornia (Mr. WAXMAN) for the expedi- Italian Solidarity, conferred by the Buildings, Property, and Works’’, as follows: tious manner in which all of these bills government of the Italian Republic. TITLE 40—PUBLIC BUILDINGS, PROPERTY, have been brought to the floor. Their Philadelphia lost Councilman Cibotti AND WORKS astuteness and willingness to cooperate in 1975, but his legacy lives on as a true SUBTITLE Sec.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6343 E:\CR\FM\A11JN7.007 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3317 I. FEDERAL PROPERTY AND ADMIN- of contract, as a result of changes in specifica- (2) Section 112(a) of this title. ISTRATIVE SERVICES ...... 101 tions or plans under the contract, or as a result (3) Section 113 of this title. II. PUBLIC BUILDINGS AND WORKS ..... 3101 of termination of the contract (or a sub- (4) Section 121(a) of this title. III. INFORMATION TECHNOLOGY MAN- AGEMENT ...... 11101 contract), prior to completion of the work, for (5) Section 121(c)(1) of this title. IV. APPALACHIAN REGIONAL DEVEL- the convenience or at the option of the Govern- (6) Section 121(c)(2) of this title. OPMENT ...... 14101 ment. (7) Section 121(d)(1) and (2) of this title. V. MISCELLANEOUS ...... 17101 (3) EXCESS PROPERTY.—The term ‘‘excess (8) Section 121(e)(1) of this title. SUBTITLE I—FEDERAL PROPERTY AND property’’ means property under the control of a (9) Section 121(f) of this title. ADMINISTRATIVE SERVICES federal agency that the head of the agency de- (10) Section 121(g) of this title. termines is not required to meet the agency’s (11) Section 122(a) of this title. CHAPTER Sec. (12) Section 123(a) of this title. 1. GENERAL ...... 101 needs or responsibilities. 3. ORGANIZATION OF GENERAL SERV- (4) EXECUTIVE AGENCY.—The term ‘‘executive (13) Section 123(c) of this title. ICES ADMINISTRATION ...... 301 agency’’ means— (14) Section 124 of this title. 5. PROPERTY MANAGEMENT ...... 501 (A) an executive department or independent (15) Section 126 of this title. 7. FOREIGN EXCESS PROPERTY ...... 701 establishment in the executive branch of the (16) Section 311(c) of this title. 9. URBAN LAND USE ...... 901 (17) Section 313(a) of this title. 11. SELECTION OF ARCHITECTS AND Government; and (B) a wholly owned Government corporation. (18) Section 528 of this title. ENGINEERS ...... 1101 (19) Section 541 of this title. 13. PUBLIC PROPERTY ...... 1301 (5) FEDERAL AGENCY.—The term ‘‘federal (20) Section 549(e)(3)(H)(i)(II) of this title. CHAPTER 1—GENERAL agency’’ means an executive agency or an establishment in the legislative or judicial branch of (21) Section 557 of this title. SUBCHAPTER I—PURPOSE AND the Government (except the Senate, the House of (22) Section 558(a) of this title. DEFINITIONS Representatives, and the Architect of the Cap- (23) Section 559(f) of this title. Sec. itol, and any activities under the direction of (24) Section 571(b) of this title. (25) Section 572(a)(2)(A) of this title. 101. Purpose. the Architect of the Capitol). (26) Section 572(b)(4) of this title. 102. Definitions. (6) FOREIGN EXCESS PROPERTY.—The term SUBCHAPTER II—SCOPE ‘‘foreign excess property’’ means excess property § 112. Applicability of certain policies, proce- 111. Application to Federal Property and Ad- that is not located in the States of the United dures, and directives in effect on July 1, ministrative Services Act of 1949. States, the District of Columbia, Puerto Rico, 1949 112. Applicability of certain policies, proce- American Samoa, Guam, the Northern Mariana (a) IN GENERAL.—A policy, procedure, or di- dures, and directives in effect on Islands, the Federated States of Micronesia, the rective described in subsection (b) remains in ef- July 1, 1949. Marshall Islands, Palau, and the Virgin Is- fect until superseded or amended under this sub- 113. Limitations. lands. title or other appropriate authority. (7) MOTOR VEHICLE.—The term ‘‘motor vehi- SUBCHAPTER III—ADMINISTRATIVE AND (b) DESCRIPTION.—A policy, procedure, or di- cle’’ means any vehicle, self-propelled or drawn GENERAL rective referred to in subsection (a) is one that by mechanical power, designed and operated was in effect on July 1, 1949, and that was pre- 121. Administrative. principally for highway transportation of prop- scribed by— 122. Prohibition on sex discrimination. erty or passengers, excluding— (1) the Director of the Bureau of Federal Sup- 123. Civil remedies for fraud. (A) a vehicle designed or used for military ply or the Secretary of the Treasury and that 124. Agency use of amounts for property man- field training, combat, or tactical purposes, or related to a function transferred to or vested in agement. used principally within the confines of a regu- the Administrator of General Services on June 125. Library memberships. larly established military post, camp, or depot; 30, 1949, by the Federal Property and Adminis- 126. Reports to Congress. and trative Services Act of 1949; SUBCHAPTER I—PURPOSE AND (B) a vehicle regularly used by an agency to (2) an officer of the Federal Government DEFINITIONS perform investigative, law enforcement, or intel- under authority of the Surplus Property Act of § 101. Purpose ligence duties, if the head of the agency deter- 1944 (ch. 479, 58 Stat. 765) or other authority re- The purpose of this subtitle is to provide the mines that exclusive control of the vehicle is es- lated to surplus property or foreign excess prop- Federal Government with an economical and ef- sential for effective performance of duties. erty; ficient system for the following activities: (8) NONPERSONAL SERVICES.—The term ‘‘non- (3) the Federal Works Administrator or the (1) Procuring and supplying property and personal services’’ means contractual services head of a constituent agency of the Federal nonpersonal services, and performing related designated by the Administrator of General Works Agency; or functions including contracting, inspection, Services, other than personal and professional (4) the Archivist of the United States or an- storage, issue, setting specifications, identifica- services. other officer or body whose functions were tion and classification, transportation and traf- (9) PROPERTY.—The term ‘‘property’’ means transferred on June 30, 1949, by title I of the fic management, establishment of pools or sys- any interest in property except— Federal Property and Administrative Services tems for transportation of Government per- (A)(i) the public domain; Act of 1949. sonnel and property by motor vehicle within (ii) land reserved or dedicated for national § 113. Limitations forest or national park purposes; specific areas, management of public utility (a) IN GENERAL.—Except as otherwise pro- services, repairing and converting, establish- (iii) minerals in land or portions of land withdrawn or reserved from the public domain which vided in this section, the authority conferred by ment of inventory levels, establishment of forms this subtitle is in addition to any other author- and procedures, and representation before fed- the Secretary of the Interior determines are suitable for disposition under the public land min- ity conferred by law and is not subject to any eral and state regulatory bodies. inconsistent provision of law. (2) Using available property. ing and mineral leasing laws; and (iv) land withdrawn or reserved from the pub- (b) LIMITATION REGARDING THE OFFICE OF (3) Disposing of surplus property. FEDERAL PROCUREMENT POLICY ACT.—The au- (4) Records management. lic domain except land or portions of land so withdrawn or reserved which the Secretary, thority conferred by this subtitle is subject to § 102. Definitions with the concurrence of the Administrator, de- the Office of Federal Procurement Policy Act (41 The following definitions apply in chapters 1 termines are not suitable for return to the public U.S.C. 401 et seq.). through 7 of this title and in title III of the Fed- domain for disposition under the general public (c) LIMITATION REGARDING CERTAIN GOVERN- eral Property and Administrative Services Act of land laws because the lands are substantially MENT CORPORATIONS AND AGENCIES.—Sections 1949 (41 U.S.C. 251 et seq.): changed in character by improvements or other- 121(b) and 506(c) of this title do not apply to a (1) CARE AND HANDLING.—The term ‘‘care and wise; Government corporation or agency that is sub- handling’’ includes— (B) naval vessels that are battleships, cruisers, ject to chapter 91 of title 31. (A) completing, repairing, converting, reha- aircraft carriers, destroyers, or submarines; and (d) LIMITATION REGARDING CONGRESS.—This bilitating, operating, preserving, protecting, in- (C) records of the Government. subtitle does not apply to the Senate or the suring, packing, storing, handling, conserving, (10) SURPLUS PROPERTY.—The term ‘‘surplus House of Representatives (including the Archi- and transporting excess and surplus property; property’’ means excess property that the Ad- tect of the Capitol and any building, activity, or and ministrator determines is not required to meet function under the direction of the Architect). (B) rendering innocuous, or destroying, prop- the needs or responsibilities of all federal agen- However, services and facilities authorized by erty that is dangerous to public health or safety. cies. this subtitle shall, as far as practicable, be made (2) CONTRACTOR INVENTORY.—The term ‘‘con- available to the Senate, the House of Represent- SUBCHAPTER II—SCOPE tractor inventory’’ means— atives, and the Architect of the Capitol on their (A) property, in excess of amounts needed to § 111. Application to Federal Property and request. If payment would be required for pro- complete full performance, that is acquired by Administrative Services Act of 1949 viding a similar service or facility to an execu- and in possession of a contractor or subcon- In the following provisions, the words ‘‘this tive agency, payment shall be made by the re- tractor under a contract pursuant to which title subtitle’’ are deemed to refer also to title III of cipient, on presentation of proper vouchers, in is vested in the Federal Government; and the Federal Property and Administrative Serv- advance or by reimbursement (as may be agreed (B) property that the Government is obligated ices Act of 1949 (41 U.S.C. 251 et seq.): upon by the Administrator of General Services or has the option to take over, under any type (1) Section 101 of this title. and the officer or body making the request). The

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payment may be credited to the applicable ap- (including outfitting and equipping incidental (3) RETENTION AND USE OF RENTAL PAY- propriation of the executive agency receiving to construction, reconstruction, or recondi- MENTS.—A department or agency to which the the payment. tioning) of a merchant vessel or shipyard, ship Administrator has delegated authority to oper- (e) OTHER LIMITATIONS.—Nothing in this sub- site, terminal, pier, dock, warehouse, or other ate, maintain or repair a building or facility title impairs or affects the authority of— installation necessary or appropriate for car- under this subsection shall retain the portion of (1) the President under the Philippine Prop- rying out a program of the Administration au- the rental payment that the Administrator de- erty Act of 1946 (22 U.S.C. 1381 et seq.); thorized by law or nonadministrative activities termines is available to operate, maintain or re- (2) an executive agency, with respect to any incidental to a program of the Administration pair the building or facility. The department or program conducted for purposes of resale, price authorized by law, but the Administration shall, agency shall directly expend the retained support, grants to farmers, stabilization, trans- to the maximum extent it considers practicable, amounts to operate, maintain, or repair the fer to foreign governments, or foreign aid, relief, consistent with the purposes of its programs and building or facility. Any amounts retained or rehabilitation, but the agency carrying out the effective, efficient conduct of its activities, under this paragraph shall remain available the program shall, to the maximum extent prac- coordinate its operations with the requirements until expended for these purposes. ticable, consistent with the purposes of the proof this subtitle and with policies and regulations (e) ASSIGNMENT OF FUNCTIONS BY ADMINIS- gram and the effective, efficient conduct of prescribed under this subtitle; TRATOR.— agency business, coordinate its operations with (16) the Central Intelligence Agency; (1) IN GENERAL.—The Administrator may pro- the requirements of this subtitle and with poli- (17) the Joint Committee on Printing, under vide for the performance of a function assigned cies and regulations prescribed under this subtitle 44 or any other law; under this subtitle by any of the following meth- title; (18) the Secretary of the Interior with respect ods: (3) an executive agency named in chapter 137 to procurement for program operations under (A) The Administrator may direct the Admin- of title 10, and the head of the agency, with re- the Bonneville Project Act of 1937 (16 U.S.C. 832 istration to perform the function. spect to the administration of that chapter; et seq.); or (B) The Administrator may designate or estab- (4) the Secretary of Defense with respect to (19) the Secretary of State with respect to the lish a component of the Administration and di- property required for or located in occupied ter- furnishing of facilities in foreign countries and rect the component to perform the function. ritories; reception centers within the United States. (C) The Administrator may transfer the func- (5) the Secretary of Defense with respect to SUBCHAPTER III—ADMINISTRATIVE AND tion from one component of the Administration the administration of section 2535 of title 10; GENERAL to another. (6) the Secretary of Defense and the Secre- (D) The Administrator may direct an execu- § 121. Administrative taries of the Army, Navy, and Air Force with re- tive agency to perform the function for itself, spect to the administration of the Strategic and (a) POLICIES PRESCRIBED BY THE PRESIDENT.— with the consent of the agency or by direction Critical Materials Stock Piling Act (50 U.S.C. 98 The President may prescribe policies and direc- of the President. et seq.); tives that the President considers necessary to (E) The Administrator may direct one execu- (7) the Secretary of State under the Foreign carry out this subtitle. The policies must be con- tive agency to perform the function for another Service Buildings Act, 1926 (22 U.S.C. 292 et sistent with this subtitle. executive agency, with the consent of the agen- seq.); (b) ACCOUNTING PRINCIPLES AND STAND- cies concerned or by direction of the President. (8) the Secretary of Agriculture under— ARDS.— (F) The Administrator may provide for per- (A) the Richard B. Russell National School (1) PRESCRIPTION.—The Comptroller General, formance of a function by a combination of the Lunch Act (42 U.S.C. 1751 et seq.); after considering the needs and requirements of methods described in this paragraph. (B) the Farmers Home Administration Act of executive agencies, shall prescribe principles (2) TRANSFER OF RESOURCES.— 1946 (ch. 964, 60 Stat. 1062); and standards of accounting for property. (A) WITHIN ADMINISTRATION.—If the Adminis- (C) section 32 of the Act of August 24, 1935 (7 (2) PROPERTY ACCOUNTING SYSTEMS.—The trator transfers a function from one component U.S.C. 612c), with respect to the exportation and Comptroller General shall cooperate with the of the Administration to another, the Adminis- domestic consumption of agricultural products; Administrator of General Services and with ex- trator may also provide for the transfer of ap- (D) section 201 of the Agricultural Adjustment ecutive agencies in the development of property propriate allocated amounts from the component Act of 1938 (7 U.S.C. 1291); or accounting systems and approve the systems that previously carried out the function to the (E) section 203(j) of the Agricultural Mar- when they are adequate and in conformity with component being directed to carry out the func- keting Act of 1946 (7 U.S.C. 1622(j)); prescribed principles and standards. tion. A transfer under this subparagraph must (9) an official or entity under the Farm Credit (3) COMPLIANCE REVIEW.—From time to time be reported to the Director of the Office of Man- Act of 1971 (12 U.S.C. 2001 et seq.), with respect the Comptroller General shall examine the prop- agement and Budget. to the acquisition or disposal of property; erty accounting systems established by executive (B) BETWEEN AGENCIES.—If the Administrator (10) the Secretary of Housing and Urban De- agencies to determine the extent of compliance transfers a function from one executive agency velopment or the Federal Deposit Insurance with prescribed principles and standards and to another (including a transfer to or from the Corporation (or an officer of the Corporation) approved systems. The Comptroller General Administration), the Administrator may also with respect to the disposal of— shall report to Congress any failure to comply provide for the transfer of appropriate per- (A) residential property; or with the principles and standards or to ade- sonnel, records, property, and allocated (B) other property— quately account for property. amounts from the executive agency that pre- (i) acquired or held as part of, or in connec- (c) REGULATIONS BY ADMINISTRATOR.— viously carried out the function to the executive tion with, residential property; or (1) GENERAL AUTHORITY.—The Administrator agency being directed to carry out the function. (ii) held in connection with the insurance of may prescribe regulations to carry out this sub- A transfer under this subparagraph is subject to mortgages, loans, or savings association ac- title. approval by the Director. counts under the National Housing Act (12 (2) REQUIRED REGULATIONS AND ORDERS.—The (f) ADVISORY COMMITTEES.—The Adminis- U.S.C. 1701 et seq.), the Federal Deposit Insur- Administrator shall prescribe regulations that trator may establish advisory committees to pro- ance Act (12 U.S.C. 1811 et seq.), or any other the Administrator considers necessary to carry vide advice on any function of the Adminis- law; out the Administrator’s functions under this trator under this subtitle. Members of the advi- (11) the Tennessee Valley Authority with re- subtitle and the head of each executive agency sory committees shall serve without compensa- spect to nonpersonal services, with respect to shall issue orders and directives that the agency tion but are entitled to transportation and not section 501(c) of this title, and with respect to head considers necessary to carry out the regu- more than $25 a day instead of expenses under property acquired in connection with a program lations. section 5703 of title 5. of processing, manufacture, production, or force (d) DELEGATION OF AUTHORITY BY ADMINIS- (g) CONSULTATION WITH FEDERAL AGENCIES.— account construction, but the Authority shall, TRATOR.— The Administrator shall advise and consult with to the maximum extent it considers practicable, (1) IN GENERAL.—Except as provided in para- interested federal agencies and seek their advice consistent with the purposes of its program and graph (2), the Administrator may delegate au- and assistance to accomplish the purposes of the effective, efficient conduct of its business, thority conferred on the Administrator by this this subtitle. coordinate its operations with the requirements subtitle to an official in the General Services (h) ADMINISTERING OATHS.—In carrying out of this subtitle and with policies and regulations Administration or to the head of another federal investigative duties, an officer or employee of prescribed under this subtitle; agency. The Administrator may authorize suc- the Administration, if authorized by the Admin- (12) the Secretary of Energy with respect to cessive redelegation of authority conferred by istrator, may administer an oath to an indi- atomic energy; this subtitle. vidual. (13) the Secretary of Transportation or the (2) EXCEPTIONS.—The Administrator may not Secretary of Commerce with respect to the dis- delegate— § 122. Prohibition on sex discrimination posal of airport property and airway property (A) the authority to prescribe regulations on (a) PROHIBITION.—With respect to a program (as those terms are defined in section 47301 of matters of policy applying to executive agencies; or activity carried on or receiving federal assist- title 49) for use as such property; (B) the authority to transfer functions and re- ance under this subtitle, an individual may not (14) the United States Postal Service; lated allocated amounts from one component of be excluded from participation, denied benefits, (15) the Maritime Administration with respect the Administration to another under paragraphs or otherwise discriminated against based on sex. to the acquisition, procurement, operation, (1)(C) and (2)(A) of subsection (e); or (b) ENFORCEMENT.—Subsection (a) shall be en- maintenance, preservation, sale, lease, charter, (C) other authority for which delegation is forced through agency provisions and rules construction, reconstruction, or reconditioning prohibited by this subtitle. similar to those already established with respect

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.014 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3319 to racial and other discrimination under title VI istration of this subtitle. The report shall in- SUBCHAPTER II—ADMINISTRATIVE of the Civil Rights Act of 1964 (42 U.S.C. 2000d clude any recommendation for amendment of § 311. Personnel et seq.). However, this remedy is not exclusive this subtitle that the Administrator considers (a) APPOINTMENT AND COMPENSATION.—The and does not prejudice or remove any other appropriate and shall identify any law that is Administrator of General Services, subject to legal remedies available to an individual alleg- obsolete because of the enactment or operation chapters 33 and 51 and subchapter III of chap- ing discrimination. of this subtitle. ter 53 of title 5, may appoint and fix the com- § 123. Civil remedies for fraud CHAPTER 3—ORGANIZATION OF GENERAL pensation of personnel necessary to carry out (a) IN GENERAL.—In connection with the pro- SERVICES ADMINISTRATION chapters 1, 3, and 5 of this title and title III of curement, transfer or disposition of property SUBCHAPTER I—GENERAL the Federal Property and Administrative Serv- under this subtitle, a person that uses or causes Sec. ices Act of 1949 (41 U.S.C. 251 et seq.). to be used, or enters into an agreement, com- 301. Establishment. (b) TEMPORARY EMPLOYMENT.—The Adminis- bination, or conspiracy to use or cause to be 302. Administrator and Deputy Administrator. trator may procure the temporary or intermit- used, a fraudulent trick, scheme, or device for 303. Functions. tent services of experts or consultants under sec- the purpose of obtaining or aiding to obtain, for 304. Federal information centers. tion 3109 of title 5 to the extent the Adminis- any person, money, property, or other benefit trator finds necessary to carry out chapters 1, 3, from the Federal Government— SUBCHAPTER II—ADMINISTRATIVE and 5 of this title and title III of the Federal (1) shall pay to the Government an amount 311. Personnel. Property and Administrative Services Act of 1949 equal to the sum of— 312. Transfer and use of amounts for major (41 U.S.C. 251 et seq.). (A) $2,000 for each act; equipment acquisitions. (c) PERSONNEL FROM OTHER AGENCIES.—Not- (B) two times the amount of damages sus- 313. Tests of materials. withstanding section 973 of title 10 or any other tained by the Government because of each act; SUBCHAPTER III—FUNDS law, in carrying out functions under this sub- and title the Administrator may use the services of 321. General Supply Fund. (C) the cost of suit; personnel (including armed services personnel) 322. Information Technology Fund. (2) if the Government elects, shall pay to the from an executive agency other than the Gen- 323. Consumer Information Center Fund. Government, as liquidated damages, an amount eral Services Administration with the consent of equal to two times the consideration that the SUBCHAPTER I—GENERAL the head of the agency. Government agreed to give to the person, or that § 301. Establishment (d) DETAIL OF FIELD PERSONNEL TO DISTRICT the person agreed to give to the Government; or The General Services Administration is an OF COLUMBIA.—The Administrator, in the Ad- (3) if the Government elects, shall restore to agency in the executive branch of the Federal ministrator’s discretion, may detail field per- the Government the money or property fraudu- Government. sonnel of the Administration to the District of lently obtained, with the Government retaining Columbia for temporary duty for a period of not as liquidated damages, the money, property, or § 302. Administrator and Deputy Adminis- more than 30 days in any one case. Subsistence other consideration given to the Government. trator or similar expenses may not be allowed for an (b) ADDITIONAL REMEDIES AND CRIMINAL PEN- (a) ADMINISTRATOR.—The Administrator of employee on temporary duty in the District of ALTIES.—The civil remedies provided in this sec- General Services is the head of the General Serv- Columbia under this paragraph. tion are in addition to all other civil remedies ices Administration. The Administrator is ap- § 312. Transfer and use of amounts for major and criminal penalties provided by law. pointed by the President with the advice and equipment acquisitions (c) IMMUNITY OF GOVERNMENT OFFICIALS.— consent of the Senate. The Administrator shall An officer or employee of the Government is not perform functions subject to the direction and (a) IN GENERAL.—Subject to subsection (b), liable (except for an individual’s own fraud) or control of the President. unobligated balances of amounts appropriated accountable for collection of a purchase price (b) DEPUTY ADMINISTRATOR.—The Adminis- or otherwise made available to the General Serv- that is determined to be uncollectible by the fed- trator shall appoint a Deputy Administrator of ices Administration for operating expenses and eral agency responsible for property if the prop- General Services. The Deputy Administrator salaries and expenses may be transferred and erty is transferred or disposed of in accordance shall perform functions designated by the Ad- merged into the ‘‘Major equipment acquisitions with this subtitle and with regulations pre- ministrator. The Deputy Administrator is Acting and development activity’’ of the Salaries and scribed under this subtitle. Administrator of General Services during the ab- Expenses, General Management and Adminis- (d) JURISDICTION AND VENUE.— sence or disability of the Administrator and, un- tration appropriation account for— (1) DEFINITION.—In this subsection, the term less the President designates another officer of (1) agency-wide acquisition of capital equip- ‘‘district court’’ means a district court of the the Federal Government, when the office of Ad- ment, automated data processing systems; and United States or a district court of a territory or ministrator is vacant. (2) financial management and management possession of the United States. information systems needed to implement the § 303. Functions (2) IN GENERAL.—A district court has original Chief Financial Officers Act of 1990 (Public Law jurisdiction of an action arising under this sec- (a) BUREAU OF FEDERAL SUPPLY.— 101–576, 104 Stat. 2838) and other laws or regulation, and venue is proper, if at least one defend- (1) TRANSFER OF FUNCTIONS.—Subject to para- tions. ant resides or may be found in the court’s judi- graph (2), the functions of the Administrator of (b) REQUIREMENTS AND AVAILABILITY.— cial district. Jurisdiction and venue are deter- General Services include functions related to the (1) TIME FOR TRANSFER.—Transfer of an mined without regard to the place where acts Bureau of Federal Supply in the Department of amount under this section must be done no later were committed. the Treasury that, immediately before July 1, than the end of the fifth fiscal year after the fis- (3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL 1949, were functions of— cal year for which the amount is appropriated DISTRICT.—A defendant that does not reside and (A) the Bureau; or otherwise made available. may not be found in the court’s judicial district (B) the Director of the Bureau; (2) APPROVAL FOR USE.—An amount trans- may be brought in by order of the court, to be (C) the personnel of the Bureau; or ferred under this section may be used only with served personally, by publication, or in another (D) the Secretary of the Treasury. the advance approval of the Committees on Ap- reasonable manner directed by the court. (2) FUNCTIONS NOT TRANSFERRED.—The func- propriations of the House of Representatives tions of the Administrator of General Services do § 124. Agency use of amounts for property and the Senate. not include functions retained in the Depart- management (3) AVAILABILITY.—An amount transferred ment of the Treasury under section 102(c) of the under this section remains available until ex- Amounts appropriated, allocated, or available Federal Property and Administrative Services pended. to a federal agency for purposes similar to the Act of 1949 (ch. 288, 63 Stat. 380). § 313. Tests of materials purposes in section 121 of this title or sub- (b) FEDERAL WORKS AGENCY AND COMMIS- (a) SCOPE.—This section applies to any article chapter I (except section 506), II, or III of chap- SIONER OF PUBLIC BUILDINGS.—The functions of or commodity tendered by a producer or vendor ter 5 of this title may be used by the agency for the Administrator of General Services include for sale or lease to the General Services Admin- the disposition of property under this subtitle, functions related to the Federal Works Agency istration or to any procurement authority acting and for the care and handling of property pend- and functions related to the Commissioner of under the direction and control of the Adminis- ing the disposition, if the Director of the Office Public Buildings that, immediately before July trator of General Services pursuant to this sub- of Management and Budget authorizes the use. 1, 1949, were functions of— title. § 125. Library memberships (1) the Federal Works Agency; (b) AUTHORITY TO CONDUCT TESTS.—The Ad- Amounts appropriated may be used, when au- (2) the Federal Works Administrator; or ministrator, in the Administrator’s discretion thorized by the Administrator of General Serv- (3) the Commissioner of Public Buildings. and with the consent of the producer or vendor, ices, for payment in advance for library member- § 304. Federal information centers may have tests conducted, in a manner the Ad- ships in societies whose publications are avail- The Administrator of General Services may es- ministrator specifies, to— able to members only, or to members at a lower tablish within the General Services Administra- (1) determine whether an article or commodity price than that charged to the general public. tion a nationwide network of federal informa- conforms to prescribed specifications and stand- § 126. Reports to Congress tion centers for the purpose of providing the ards; or The Administrator of General Services, at public with information about the programs and (2) aid in the development of specifications times the Administrator considers desirable, procedures of the Federal Government and for and standards. shall submit a report to Congress on the admin- other appropriate and related purposes. (c) FEES.—

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(1) IN GENERAL.—The Administrator shall (1) IN GENERAL.—For property or services pro- alternative) information processing and trans- charge the producer or vendor a fee for the cured through the Fund for requisitioning agen- mission equipment, software, systems, and oper- tests. cies, the agencies shall pay prices the Adminis- ating facilities necessary to provide services; (2) AMOUNT OF FEE IF TESTS PREDOMINANTLY trator fixes under this subsection. (B) resulting from operations of the Fund, in- SERVE INTEREST OF PRODUCER OR VENDOR.—If (2) PRICES FIXED BY ADMINISTRATOR.—The cluding the net proceeds from the disposal of ex- the Administrator determines that conducting Administrator shall fix prices at levels sufficient cess or surplus personal property and receipts the tests predominantly serves the interest of the to recover— from carriers and others for loss or damage to producer or vendor, the Administrator shall fix (A) so far as practicable— property; and the fee in an amount that will recover the costs (i) the purchase price; (C) that are appropriated, authorized to be of conducting the tests, including all compo- (ii) the transportation cost; transferred, or otherwise made available to the nents of the costs, determined in accordance (iii) inventory losses; Fund. with accepted accounting principles. (iv) the cost of personal services employed di- (2) SUBMITTING PLANS TO OFFICE OF MANAGE- (3) AMOUNT OF FEE IF TESTS DO NOT PREDOMI- rectly in the repair, rehabilitation, and conver- MENT AND BUDGET.—The Administrator shall NANTLY SERVE INTEREST OF PRODUCER OR VEN- sion of personal property; and submit plans concerning the cost and capital re- DOR.—If the Administrator determines that con- (v) the cost of amortization and repair of quirements determined under this section, and ducting the tests does not predominantly serve equipment used for lease or rent to executive other information as may be requested, for re- the interest of the producer or vendor, the Ad- agencies; and view and approval by the Director of the Office ministrator shall fix the fee in an amount the (B) properly allocable costs payable by the of Management and Budget. Plans submitted Administrator determines is reasonable for fur- Fund under subsection (c)(1)(C). under this section fulfill the requirements of sec- nishing the testing service. (3) TIMING OF PAYMENTS.— tions 1512 and 1513 of title 31. (3) ADJUSTMENTS.—Any change to the cost SUBCHAPTER III—FUNDS (A) PAYMENT IN ADVANCE.—A requisitioning agency shall pay in advance when the Adminis- and capital requirements of the Fund for a fis- § 321. General Supply Fund trator determines that there is insufficient cap- cal year shall be made in the same manner as (a) EXISTENCE.—The General Supply Fund is ital otherwise available in the Fund. Payment the initial fiscal year determination. a special fund in the Treasury. in advance may also be made under an agree- (c) USE.— (b) COMPOSITION.— ment between a requisitioning agency and the (1) IN GENERAL.—The Fund is available for ex- (1) IN GENERAL.—The Fund is composed of Administrator. penses, including personal services and other costs, and for procurement (by lease, purchase, amounts appropriated to the Fund and the (B) PROMPT REIMBURSEMENT.—If payment is value, as determined by the Administrator of not made in advance, the Administration shall transfer, or otherwise) to efficiently provide in- General Services, of personal property trans- be reimbursed promptly out of amounts of the formation technology resources to federal agen- ferred from executive agencies to the Adminis- requisitioning agency in accordance with ac- cies and to efficiently manage, coordinate, oper- trator under section 501(d) of this title to the ex- counting procedures approved by the Comp- ate, and use those resources. (2) SPECIFICALLY INCLUDED ITEMS.—Informa- tent that payment is not made or credit allowed troller General. tion technology resources provided under this for the property. (C) FAILURE TO MAKE PROMPT REIMBURSE- section include information processing and (2) OTHER CREDITS.— MENT.—The Administrator may obtain reim- transmission equipment, software, systems, oper- (A) IN GENERAL.—The Fund shall be credited bursement by the issuance of transfer and ating facilities, supplies, and related services in- with all reimbursements, advances, and refunds counterwarrants, or other lawful transfer docu- cluding maintenance and repair. or recoveries relating to personal property or ments, supported by itemized invoices, if pay- (3) CANCELLATION COSTS.—Any cancellation services procured through the Fund, including— ment is not made by a requisitioning agency costs incurred for a contract entered into under (i) the net proceeds of disposal of surplus per- within 45 days after the later of— subsection (e) shall be paid from money cur- sonal property; and (i) the date of billing by the Administrator; or rently available in the Fund. (ii) receipts from carriers and others for loss (ii) the date on which actual liability for per- of, or damage to, personal property. (4) NO FISCAL YEAR LIMITATION.—The Fund is sonal property or services is incurred by the Ad- available without fiscal year limitation. (B) REAPPROPRIATION.—Amounts credited ministrator. under this paragraph are reappropriated for the (d) CHARGES TO AGENCIES.—If the Director ap- (e) REIMBURSEMENT FOR EQUIPMENT PUR- proves plans submitted by the Administrator purposes of the Fund. CHASED FOR CONGRESS.—The Administrator may (3) DEPOSIT OF FEES.—Fees collected by the under subsection (b), the Administrator shall es- accept periodic reimbursement from the Senate tablish rates, consistent with the approval, to be Administrator under section 313 of this title may and from the House of Representatives for the be deposited in the Fund to be used for the pur- charged to agencies for information technology cost of any equipment purchased for the Senate resources provided through the Fund. poses of the Fund. or the House of Representatives with money (c) USES.— (e) CONTRACT AUTHORITY.— from the Fund. The amount of each periodic re- (1) IN GENERAL.—In operating the Fund, the (1) IN GENERAL.—The Fund is available for imbursement shall be computed by amortizing use by or under the direction and control of the Administrator may enter into multiyear con- the total cost of each item of equipment over the Administrator for— tracts, not longer than 5 years, to provide infor- useful life of the equipment, as determined by (A) procuring, for the use of federal agencies mation technology hardware, software, or serv- the Administrator, in consultation with the Ser- in the proper discharge of their responsibilities— ices if— geant at Arms and Doorkeeper of the Senate or (A) amounts are available and adequate to (i) personal property (including the purchase the Chief Administrative Officer of the House of pay the costs of the contract for the first fiscal from or through the Public Printer, for ware- Representatives, as appropriate. year and any costs of cancellation or termi- house issue, of standard forms, blankbook work, (f) TREATMENT OF SURPLUS.— nation; standard specifications, and other printed mate- (1) SURPLUS DEPOSITED IN TREASURY.—As of (B) the contract is awarded on a fully com- rial in common use by federal agencies and not September 30 of each year, any surplus in the petitive basis; and available through the Superintendent of Docu- Fund above the amounts transferred or appro- (C) the Administrator determines that— ments); and priated to establish and maintain the Fund (all (i) the need for the information technology (ii) nonpersonal services; assets, liabilities, and prior losses considered) hardware, software, or services being provided (B) paying the purchase price, cost of trans- shall be deposited in the Treasury as miscella- will continue over the period of the contract; portation of personal property and services, and neous receipts. (ii) the use of the multiyear contract will yield cost of personal services employed directly in the (2) SURPLUS RETAINED.—From any surplus substantial cost savings when compared with repair, rehabilitation, and conversion of per- generated by operation of the Fund, the Admin- other methods of providing the necessary re- sonal property; and istrator may retain amounts necessary to main- sources; and (C) paying other direct costs of, and indirect tain a sufficient level of inventory of personal (iii) the method of contracting will not exclude costs that are reasonably related to, con- property to meet the needs of the federal agen- small business participation. tracting, procurement, inspection, storage, man- cies. (2) EFFECT ON OTHER LAW.—This subsection agement, distribution, and accountability of (g) AUDITS.—The Comptroller General shall does not limit the authority of the Administrator property and nonpersonal services provided by audit the Fund in accordance with the provi- to procure equipment and services under sec- the General Services Administration or by spe- sions of chapter 35 of title 31 and report the re- tions 501–505 of this title. cial order through the Administration. (f) TRANSFER OF UNCOMMITTED BALANCE.— sults of the audits. (2) OTHER USES.—The Fund may be used for After the close of each fiscal year, any uncom- the procurement of personal property and non- § 322. Information Technology Fund mitted balance remaining in the Fund, after personal services authorized to be acquired by— (a) EXISTENCE.—There is an Information making provision for anticipated operating (A) mixed-ownership Government corpora- Technology Fund in the Treasury. needs as determined by the Office of Manage- tions; (b) COST AND CAPITAL REQUIREMENTS.— ment and Budget, shall be transferred to the (B) the municipal government of the District (1) IN GENERAL.—The Administrator of Gen- Treasury as miscellaneous receipts. of Columbia; or eral Services shall determine the cost and cap- (g) ANNUAL REPORT.—The Administrator shall (C) a requisitioning non-federal agency when ital requirements of the Fund for each fiscal report annually to the Director on the operation the function of a federal agency authorized to year. The cost and capital requirements may in- of the Fund. The report must address the inven- procure for it is transferred to the Administra- clude amounts— tory, use, and acquisition of information proc- tion. (A) needed to purchase (if the Administrator essing equipment and identify any proposed in- (d) PAYMENT FOR PROPERTY AND SERVICES.— has determined that purchase is the least costly creases to the capital of the Fund.

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§ 323. Consumer Information Center Fund 555. Donation of law enforcement canines to (B) PUBLIC UTILITY CONTRACTS.—A contract (a) EXISTENCE.—There is in the Treasury a handlers. for public utility services may be made for a pe- Consumer Information Center Fund, General 556. Disposal of dredge vessels. riod of not more than 10 years. Services Administration, for the purpose of dis- 557. Donation of books to Free Public Library. (2) POLICIES AND METHODS.— seminating Federal Government consumer infor- 558. Donation of forfeited vessels. (A) IN GENERAL.—The Administrator of Gen- mation to the public and for other related pur- 559. Advice of Attorney General with respect to eral Services shall prescribe policies and meth- poses. antitrust law. ods for executive agencies regarding the pro- (b) DEPOSITS.—Money shall be deposited into SUBCHAPTER IV—PROCEEDS FROM SALE curement and supply of personal property and the Fund from— OR TRANSFER nonpersonal services and related functions. (B) CONTROLLING REGULATION.—Policies and (1) appropriations from the Treasury for Con- 571. General rules for deposit and use of pro- sumer Information Center activities; methods prescribed by the Administrator of Gen- ceeds. eral Services under this paragraph are subject to (2) user fees from the public; 572. Real property. (3) reimbursements from other federal agencies regulations prescribed by the Administrator for 573. Personal property. Federal Procurement Policy under the Office of for costs of distributing publications; and 574. Other rules regarding proceeds. (4) any other income incident to Center activi- Federal Procurement Policy Act (41 U.S.C. 401 et ties. SUBCHAPTER V—OPERATION OF seq.). (c) EXPENDITURES.—Money deposited into the BUILDINGS AND RELATED ACTIVITIES (c) REPRESENTATION.—For transportation and Fund is available for expenditure for Center ac- 581. General authority of Administrator of other public utility services used by executive tivities in amounts specified in appropriation General Services. agencies, the Administrator of General Services laws. The Fund shall assume all liabilities, obli- 582. Management of buildings by Adminis- shall represent the agencies— gations, and commitments of the Center ac- trator of General Services. (1) in negotiations with carriers and other count. 583. Construction of buildings. public utilities; and (d) UNOBLIGATED BALANCES.—Any unobli- 584. Assignment and reassignment of space. (2) in proceedings involving carriers or other gated balances at the end of a fiscal year re- 585. Lease agreements. public utilities before federal and state regu- main in the Fund and are available for author- 586. Charges for space and services. latory bodies. ization in appropriation laws for subsequent fis- 587. Telecommuting and other alternative (d) FACILITIES.—The Administrator of General cal years. workplace arrangements. Services shall operate, for executive agencies, (e) GIFT ACCOUNT.—The Center may accept 588. Movement and supply of office furniture. warehouses, supply centers, repair shops, fuel and deposit to this account gifts for purposes of 589. Installation, repair, and replacement of yards, and other similar facilities. After con- defraying the costs of printing, publishing, and sidewalks. sultation with the executive agencies affected, distributing consumer information and edu- 590. Child care. the Administrator of General Services shall con- cational materials and undertaking other con- 591. Purchase of electricity. solidate, take over, or arrange for executive sumer information activities. In addition to 592. Federal Buildings Fund. agencies to operate the facilities. amounts appropriated or otherwise made avail- 593. Protection for veterans preference employ- § 502. Services for other entities able, the Center may expend the gifts for these ees. (a) FEDERAL AGENCIES, MIXED-OWNERSHIP purposes and any balance remains available for SUBCHAPTER VI—MOTOR VEHICLE POOLS GOVERNMENT CORPORATIONS, AND THE DISTRICT expenditure. AND TRANSPORTATION SYSTEMS OF COLUMBIA.—On request, the Administrator CHAPTER 5—PROPERTY MANAGEMENT 601. Purposes. of General Services shall provide, to the extent SUBCHAPTER I—PROCUREMENT AND 602. Authority to establish motor vehicle pools practicable, any of the services specified in sec- WAREHOUSING and transportation systems. tion 501 of this title to— 603. Process for establishing motor vehicle (1) a federal agency; Sec. (2) a mixed-ownership Government corpora- 501. Services for executive agencies. pools and transportation systems. 604. Treatment of assets taken over to establish tion (as defined in section 9101 of title 31); or 502. Services for other entities. (3) the District of Columbia. 503. Exchange or sale of similar items. motor vehicle pools and transpor- (b) QUALIFIED NONPROFIT AGENCIES.— tation systems. 504. Agency cooperation for inspection. (1) IN GENERAL.—On request, the Adminis- 605. Payment of costs. 505. Exchange or transfer of medical supplies. trator may provide, to the extent practicable, 606. Regulations related to operation. 506. Inventory controls and systems. any of the services specified in section 501 of 607. Records. SUBCHAPTER II—USE OF PROPERTY this title to an agency that is— 608. Scrip, tokens, tickets. 521. Policies and methods. (A)(i) a qualified nonprofit agency for the 609. Identification of vehicles. 522. Reimbursement for transfer of excess prop- blind (as defined in section 5(3) of the Javits- 610. Discontinuance of motor vehicle pool or erty. Wagner-O’Day Act (41 U.S.C. 48b(3))); or system. 523. Excess real property located on Indian res- (ii) a qualified nonprofit agency for other se- 611. Duty to report violations. ervations. verely handicapped (as defined in section 5(4) of 524. Duties of executive agencies. SUBCHAPTER I—PROCUREMENT AND the Javits-Wagner-O’Day Act (41 U.S.C. 525. Excess personal property for federal agen- WAREHOUSING 48b(4))); and cy grantees. § 501. Services for executive agencies (B) providing a commodity or service to the 526. Temporary assignment of excess real prop- (a) AUTHORITY OF ADMINISTRATOR OF GEN- Federal Government under the Javits-Wagner- erty. ERAL SERVICES.— O’Day Act (41 U.S.C. 46 et seq.). SE OF SERVICES 527. Abandonment, destruction, or donation of (1) IN GENERAL.—The Administrator of Gen- (2) U .—A nonprofit agency re- property. eral Services shall take action under this sub- ceiving services under this subsection shall use 528. Utilization of excess furniture. chapter for an executive agency— the services directly in making or providing to 529. Annual executive agency reports on excess (A) to the extent that the Administrator of the Government a commodity or service that has personal property. General Services determines that the action is been determined by the Committee for Purchase SUBCHAPTER III—DISPOSING OF advantageous to the Federal Government in From People Who Are Blind or Severely Dis- PROPERTY terms of economy, efficiency, or service; and abled under section 2 of the Javits-Wagner- O’Day Act (41 U.S.C. 47) to be suitable for pro- 541. Supervision and direction. (B) with due regard to the program activities curement by the Government. 542. Care and handling. of the agency. 543. Method of disposition. (2) EXEMPTION FOR DEFENSE.—The Secretary § 503. Exchange or sale of similar items 544. Validity of transfer instruments. of Defense may exempt the Department of De- (a) AUTHORITY OF EXECUTIVE AGENCIES.—In 545. Procedure for disposal. fense from an action taken by the Administrator acquiring personal property, an executive agen- 546. Contractor inventories. of General Services under this subchapter, un- cy may exchange or sell similar items and may 547. Agricultural commodities, foods, and cot- less the President directs otherwise, whenever apply the exchange allowance or proceeds of ton or woolen goods. the Secretary determines that an exemption is in sale in whole or in part payment for the prop- 548. Surplus vessels. the best interests of national security. erty acquired. 549. Donation of personal property through (b) PROCUREMENT AND SUPPLY.— (b) APPLICABLE REGULATION AND LAW.— state agencies. (1) FUNCTIONS.— (1) REGULATIONS PRESCRIBED BY ADMINIS- 550. Disposal of real property for certain pur- (A) IN GENERAL.—The Administrator of Gen- TRATOR OF GENERAL SERVICES.—A transaction poses. eral Services shall procure and supply personal under subsection (a) must be carried out in ac- 551. Donations to American Red Cross. property and nonpersonal services for executive cordance with regulations the Administrator of 552. Abandoned or unclaimed property on Gov- agencies to use in the proper discharge of their General Services prescribes, subject to regula- ernment premises. responsibilities, and perform functions related to tions prescribed by the Administrator for Fed- 553. Property for correctional facility, law en- procurement and supply including contracting, eral Procurement Policy under the Office of forcement, and emergency man- inspection, storage, issue, property identifica- Federal Procurement Policy Act (41 U.S.C. 401 et agement response purposes. tion and classification, transportation and traf- seq.). 554. Property for development or operation of a fic management, management of public utility (2) IN WRITING.—A transaction under sub- port facility. services, and repairing and converting. section (a) must be evidenced in writing.

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(3) SECTION 3709 OF REVISED STATUTES.—Sec- catalog system that is appropriate to identify § 523. Excess real property located on Indian tion 3709 of the Revised Statutes (41 U.S.C. 5) and classify personal property under the control reservations applies to a sale of property under subsection of federal agencies. (a) PROCEDURES FOR TRANSFER.—The Admin- (a), except that fixed price sales may be con- (D) STANDARD PURCHASE SPECIFICATIONS AND istrator of General Services shall prescribe pro- ducted in the same manner and subject to the STANDARD FORMS AND PROCEDURES.—Prescribe cedures necessary to transfer to the Secretary of same conditions as are applicable to the sale of standard purchase specifications and standard the Interior, without compensation, excess real property under section 545(d) of this title. forms and procedures (except forms and proce- property located within the reservation of any § 504. Agency cooperation for inspection dures that the Comptroller General prescribes by group, band, or tribe of Indians that is recog- law) subject to regulations the Administrator for (a) RECEIVING ASSISTANCE.—An executive nized as eligible for services by the Bureau of agency may use the services, work, materials, Federal Procurement Policy prescribes under the Indian Affairs. and equipment of another executive agency, Office of Federal Procurement Policy Act (41 (b) PROPERTY HELD IN TRUST.— with the consent of the other executive agency, U.S.C. 401 et seq.). (1) IN GENERAL.—Except as provided in para- to inspect personal property incident to pro- (2) SPECIAL CONSIDERATIONS REGARDING DE- graph (2), the Secretary shall hold excess real curing the property. PARTMENT OF DEFENSE.— property transferred under this section in trust (b) PROVIDING ASSISTANCE.—Notwithstanding (A) IN GENERAL.—The Administrator of Gen- for the benefit and use of the group, band, or section 1301(a) of title 31 or any other law, an eral Services shall carry out activities under tribe of Indians, within whose reservation the executive agency may provide services, work, paragraph (1) with due regard to the require- excess real property is located. materials, and equipment for purposes of this ments of the Department of Defense, as deter- (2) SPECIAL REQUIREMENT FOR OKLAHOMA.— section without reimbursement or transfer of mined by the Secretary of Defense. The Secretary shall hold excess real property amounts. (B) FEDERAL SUPPLY CATALOG SYSTEM.—In es- that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian (c) POLICIES AND METHODS.—The use or provi- tablishing and maintaining a uniform federal sion of services, work, materials, and equipment supply catalog system under paragraph (1)(C), tribes recognized by the Secretary if the real under this section must be in conformity with the Administrator of General Services and the property— (A) is located within boundaries of former res- policies and methods the Administrator of Gen- Secretary shall coordinate to avoid unnecessary ervations in Oklahoma, as defined by the Sec- eral Services prescribes under section 501 of this duplication. retary, and was held in trust by the Federal title. (b) ACTIVITIES OF FEDERAL AGENCIES.—Each federal agency shall use the uniformed federal Government for an Indian tribe when the Gov- § 505. Exchange or transfer of medical sup- supply catalog system, the standard purchase ernment acquired it; or plies specifications, and the standard forms and pro- (B) is contiguous to real property presently (a) EXCESS PROPERTY DETERMINATION.— cedures established under subsection (a), except held in trust by the Government for an Okla- (1) IN GENERAL.—Medical materials or supplies as the Administrator of General Services, con- homa Indian tribe and was held in trust by the an executive agency holds for national emer- sidering efficiency, economy, or other interests Government for an Indian tribe at any time. gency purposes are considered excess property of the Government, may otherwise provide. § 524. Duties of executive agencies for purposes of subchapter II when the head of (c) AUDIT OF PROPERTY ACCOUNTS.—The (a) REQUIRED.—Each executive agency shall— the agency determines that— Comptroller General shall audit all types of (1) maintain adequate inventory controls and (A) the remaining storage or shelf life is too property accounts and transactions. Audits accountability systems for property under its short to justify continued retention for national shall be conducted at the time and in the man- control; emergency purposes; and ner the Comptroller General decides and as far (2) continuously survey property under its (B) transfer or other disposal is in the na- as practicable at the place where the property or control to identify excess property; tional interest. records of the executive agencies are kept. Au- (3) promptly report excess property to the Ad- (2) TIMING.—To the greatest extent prac- dits shall include an evaluation of the effective- ministrator of General Services; ticable, the head of the agency shall make the ness of internal controls and audits, and a gen- (4) perform the care and handling of excess determination in sufficient time to allow for the eral audit of the discharge of accountability for property; and transfer or other disposal and use of medical Government-owned or controlled property, based (5) transfer or dispose of excess property as materials or supplies before their shelf life ex- on generally accepted principles of auditing. promptly as possible in accordance with author- pires and they are rendered unfit for human SUBCHAPTER II—USE OF PROPERTY ity delegated and regulations prescribed by the use. Administrator. (b) TRANSFER OR EXCHANGE.— § 521. Policies and methods (b) REQUIRED AS FAR AS PRACTICABLE.—Each (1) IN GENERAL.—In accordance with regula- Subject to section 523 of this title, in order to executive agency, as far as practicable, shall— tions the Administrator of General Services pre- minimize expenditures for property, the Admin- (1) reassign property to another activity with- scribes, medical materials or supplies considered istrator of General Services shall— in the agency when the property is no longer re- excess property may be transferred to another (1) prescribe policies and methods to promote quired for the purposes of the appropriation federal agency or exchanged with another fed- the maximum use of excess property by executive used to make the purchase; eral agency for other medical materials or sup- agencies; and (2) transfer excess property under its control plies. (2) provide for the transfer of excess to other federal agencies and to organizations (2) USE OF PROCEEDS.—Any proceeds derived property— specified in section 321(c)(2) of this title; and from a transfer under this section may be cred- (A) among federal agencies; and (3) obtain excess property from other federal ited to the current applicable appropriation or agencies. fund of the transferor agency and shall be (B) to the organizations specified in section § 525. Excess personal property for federal available only to purchase medical materials or 321(c)(2) of this title. agency grantees supplies to be held for national emergency pur- § 522. Reimbursement for transfer of excess poses. property (a) GENERAL PROHIBITION.—A federal agency is prohibited from obtaining excess personal (3) DISPOSAL AS SURPLUS PROPERTY.—If the (a) IN GENERAL.—Subject to subsections (b) property for the purpose of furnishing the prop- materials or supplies are not transferred to or and (c) of this section, the Administrator of erty to a grantee of the agency, except as pro- exchanged with another federal agency, they General Services, with the approval of the Di- vided in this section. shall be disposed of as surplus property. rector of the Office of Management and Budget, (b) EXCEPTION FOR PUBLIC AGENCIES AND shall prescribe the amount of reimbursement re- § 506. Inventory controls and systems TAX-EXEMPT NONPROFIT ORGANIZATIONS.— quired for a transfer of excess property. (a) ACTIVITIES OF THE ADMINISTRATOR OF (1) IN GENERAL.—Under regulations the Ad- GENERAL SERVICES.— (b) REIMBURSEMENT AT FAIR VALUE.—The ministrator of General Services may prescribe, a (1) IN GENERAL.—Subject to paragraph (2), amount of reimbursement required for a transfer federal agency may obtain excess personal prop- and after adequate advance notice to affected of excess property is the fair value of the property for the purpose of furnishing it to a public executive agencies, the Administrator of General erty, as determined by the Administrator, if— agency or an organization that is nonprofit and Services may undertake the following activities (1) net proceeds are requested under section exempt from taxation under section 501 of the as necessary to carry out functions under this 574(a) of this title; or Internal Revenue Code of 1986 (26 U.S.C. 501), chapter: (2) either the transferor or the transferee if— (A) SURVEYS AND REPORTS.—Survey and ob- agency (or the organizational unit affected) is— (A) the agency or organization is conducting tain executive agency reports on Federal Gov- (A) subject to chapter 91 of title 31; or a federally sponsored project pursuant to a ernment property and property management (B) an organization specified in section grant made for a specific purpose with a specific practices. 321(c)(2) of this title. termination provision; (B) INVENTORY LEVELS.—Cooperate with exec- (c) DISTRIBUTION THROUGH GENERAL SERVICES (B) the property is to be furnished for use in utive agencies to establish reasonable inventory ADMINISTRATION SUPPLY CENTERS.—Excess connection with the grant; and levels for property stocked by them, and report property determined by the Administrator to be (C)(i) the sponsoring federal agency pays an any excessive inventory levels to Congress and suitable for distribution through the supply cen- amount equal to 25 percent of the original ac- to the Director of the Office of Management and ters of the General Services Administration shall quisition cost (except for costs of care and han- Budget. be retransferred at prices set by the Adminis- dling) of the excess property; and (C) FEDERAL SUPPLY CATALOG SYSTEM.—Es- trator with due regard to prices established (ii) the amount is deposited in the Treasury as tablish and maintain a uniform federal supply under section 321(d) of this title. miscellaneous receipts.

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(2) TITLE.—Title to excess property obtained § 529. Annual executive agency reports on ex- (b) NEGOTIATED DISPOSAL.—Under regulations under this subsection vests in the grantee. The cess personal property the Administrator prescribes, disposals and con- grantee shall account for and dispose of the (a) IN GENERAL.—During the calendar quarter tracts for disposal may be negotiated without re- property in accordance with procedures gov- following the close of each fiscal year, each ex- gard to subsection (a), but subject to obtaining erning accountability for personal property ac- ecutive agency shall submit to the Administrator competition that is feasible under the cir- quired under grant agreements. of General Services a report on personal cumstances, if— (c) EXCEPTION FOR CERTAIN PROPERTY FUR- property— (1) necessary in the public interest— NISHED BY SECRETARY OF AGRICULTURE.— (1) obtained as— (A) during the period of a national emergency (1) DEFINITION.—In this subsection, the term (A) excess property; or declared by the President or Congress, with re- ‘‘State’’ means a State of the United States, (B) personal property determined to be no spect to a particular lot of personal property; or Puerto Rico, Guam, American Samoa, the longer required for the purpose of the appro- (B) for a period not exceeding three months, Northern Mariana Islands, the Federated States priation used to make the purchase; and with respect to a specifically described category of Micronesia, the Marshall Islands, Palau, the (2) furnished within the United States to a re- of personal property as determined by the Ad- Virgin Islands, and the District of Columbia. cipient other than a federal agency. ministrator; (2) IN GENERAL.—Under regulations and re- (b) REQUIRED INFORMATION.—The report must (2) the public health, safety, or national secu- strictions the Administrator may prescribe, sub- set out the categories of equipment and show— rity will be promoted by a particular disposal of section (a) does not apply to property furnished (1) the acquisition cost of the property; personal property; by the Secretary of Agriculture to— (2) the recipient of the property; and (3) public exigency will not allow delay inci- (A) a state or county extension service en- (3) other information the Administrator may dent to advertising certain personal property; gaged in cooperative agricultural extension require. (4) the nature and quantity of personal prop- work under the Smith-Lever Act (7 U.S.C. 341 et SUBCHAPTER III—DISPOSING OF erty involved are such that disposal under sub- seq.); PROPERTY section (a) would impact an industry to an ex- (B) a state experiment station engaged in co- § 541. Supervision and direction tent that would adversely affect the national operative agricultural research work under the economy, and the estimated fair market value of Except as otherwise provided in this sub- Hatch Act of 1887 (7 U.S.C. 361a et seq.); or the property and other satisfactory terms of dis- chapter, the Administrator of General Services (C) an institution engaged in cooperative agri- posal can be obtained by negotiation; shall supervise and direct the disposition of sur- cultural research or extension work under sec- (5) the estimated fair market value of the plus property in accordance with this subtitle. tion 1433, 1434, 1444, or 1445 of the National Ag- property involved does not exceed $15,000; ricultural Research, Extension, and Teaching § 542. Care and handling (6) after advertising under subsection (a), the Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or The disposal of surplus property, and the care bid prices for the property, or part of the prop- 3222), or the Act of October 10, 1962 (16 U.S.C. and handling of the property pending disposi- erty, are not reasonable or have not been inde- 582a et seq.), if the Federal Government retains tion, may be performed by the General Services pendently arrived at in open competition; title. Administration or, when the Administrator of (7) with respect to real property, the character (d) OTHER EXCEPTIONS.—Under regulations General Services decides, by the executive agen- or condition of the property or unusual cir- and restrictions the Administrator may pre- cy in possession of the property or by any other cumstances make it impractical to advertise pub- scribe, subsection (a) does not apply to— executive agency that agrees. licly for competitive bids and the fair market (1) property furnished under section 608 of the § 543. Method of disposition value of the property and other satisfactory Foreign Assistance Act of 1961 (22 U.S.C. 2358), An executive agency designated or authorized terms of disposal can be obtained by negotia- to the extent that the Administrator determines by the Administrator of General Services to dis- tion; that the property is not needed for donation pose of surplus property may do so by sale, ex- (8) the disposal will be to a State, territory, or under section 549 of this title; change, lease, permit, or transfer, for cash, possession of the United States, or to a political (2) scientific equipment furnished under sec- subdivision of, or a tax-supported agency in, a tion 11(e) of the National Science Foundation credit, or other property, with or without warranty, on terms and conditions that the Admin- State, territory, or possession, and the estimated Act of 1950 (42 U.S.C. 1870(e)); fair market value of the property and other sat- (3) property furnished under section 203 of the istrator considers proper. The agency may execute documents to transfer title or other interest isfactory terms of disposal are obtained by nego- Department of Agriculture Organic Act of 1944 tiation; or (16 U.S.C. 580a), in connection with the Cooper- in the property and may take other action it considers necessary or proper to dispose of the (9) otherwise authorized by law. ative Forest Fire Control Program, if the Gov- (c) DISPOSAL THROUGH CONTRACT BROKERS.— property under this chapter. ernment retains title; or Disposals and contracts for disposal of surplus (4) property furnished in connection with a § 544. Validity of transfer instruments real and related personal property through con- grant to a tribe, as defined in section 3(c) of the A deed, bill of sale, lease, or other instrument tract realty brokers employed by the Adminis- Indian Financing Act of 1974 (25 U.S.C. 1452(c)). executed by or on behalf of an executive agency trator shall be made in the manner followed in § 526. Temporary assignment of excess real purporting to transfer title or other interest in similar commercial transactions under regula- property surplus property under this chapter is conclu- tions the Administrator prescribes. The regula- (a) ASSIGNMENT OF SPACE.—The Adminis- sive evidence of compliance with the provisions tions must require that brokers give wide public trator of General Services may temporarily as- of this chapter concerning title or other interest notice of the availability of the property for dis- sign or reassign space in excess real property to of a bona fide grantee or transferee for value posal. a federal agency, for use as office or storage and without notice of lack of compliance. (d) NEGOTIATED SALE AT FIXED PRICE.— space or for a related purpose, if the Adminis- § 545. Procedure for disposal (1) AUTHORIZATION.—The Administrator may trator determines that assignment or reassign- (a) PUBLIC ADVERTISING FOR BIDS.— make a negotiated sale of personal property at ment is more advantageous than permanent (1) REQUIREMENT.— a fixed price, either directly or through the use transfer. The Administrator shall determine the (A) IN GENERAL.—Except as provided in sub- of a disposal contractor, without regard to sub- duration of the assignment or reassignment. paragraph (B), the Administrator of General section (a). However, the sale must be publicized (b) REIMBURSEMENT FOR MAINTENANCE.—If Services may make or authorize a disposal or a to an extent consistent with the value and na- there is no appropriation available to the Ad- contract for disposal of surplus property only ture of the property involved and the price es- ministrator for the expense of maintaining the after public advertising for bids, under regula- tablished must reflect the estimated fair market space, the Administrator may obtain appro- tions the Administrator prescribes. value of the property. Sales under this sub- priate reimbursement from the federal agency. (B) EXCEPTIONS.—This subsection does not section are limited to categories of personal § 527. Abandonment, destruction, or donation apply to disposal or a contract for disposal of property for which the Administrator determines of property surplus property— that disposal under this subsection best serves (i) under subsection (b) or (d); or the interests of the Government. The Administrator of General Services may (ii) by abandonment, destruction, or donation (2) FIRST OFFER.—Under regulations and reauthorize the abandonment or destruction of or through a contract broker. strictions the Administrator prescribes, an op- property, or the donation of property to a public (2) TIME, METHOD, AND TERMS.—The time, portunity to purchase property at a fixed price body, if— method, and terms and conditions of advertise- under this subsection may be offered first to an (1) the property has no commercial value; or ment must permit full and free competition con- entity specified in subsection (b)(8) that has ex- (2) the estimated cost of continued care and sistent with the value and nature of the prop- pressed an interest in the property. handling exceeds the estimated proceeds from erty involved. (e) EXPLANATORY STATEMENTS FOR NEGO- sale. (3) PUBLIC DISCLOSURE.—Bids must be pub- TIATED DISPOSALS.— § 528. Utilization of excess furniture licly disclosed at the time and place stated in (1) REQUIREMENT.— A department or agency of the Federal Gov- the advertisement. (A) IN GENERAL.—Except as provided in sub- ernment may not use amounts provided by law (4) AWARDS.—An award shall be made with paragraph (B), an explanatory statement of the to purchase furniture if the Administrator of reasonable promptness by notice to the respon- circumstances shall be prepared for each dis- General Services determines that requirements sible bidder whose bid, conforming to the invita- posal by negotiation of— can reasonably be met by transferring excess tion for bids, is most advantageous to the Fed- (i) personal property that has an estimated furniture, including rehabilitated furniture, eral Government, price and other factors consid- fair market value in excess of $15,000; from other departments or agencies pursuant to ered. However, all bids may be rejected if it is in (ii) real property that has an estimated fair this subtitle. the public interest to do so. market value in excess of $100,000, except that

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.017 pfrm01 PsN: H11PT1 H3324 CONGRESSIONAL RECORD — HOUSE June 11, 2002 real property disposed of by lease or exchange is the Administration determines to be merchant Internal Revenue Code of 1986 (26 U.S.C. 501), subject only to clauses (iii)–(v) of this subpara- vessels or capable of conversion to merchant including— graph; use. The vessels shall be disposed of in accord- (i) a medical institution, hospital, clinic, (iii) real property disposed of by lease for a ance with the Merchant Marine Act, 1936 (46 health center, or drug abuse treatment center; term of not more than 5 years, if the estimated App. U.S.C. 1101 et seq.), and other laws au- (ii) a provider of assistance to homeless indi- fair annual rent is more than $100,000 for any thorizing the sale of such vessels. viduals or to families or individuals whose annual incomes are below the poverty line (as that year; § 549. Donation of personal property through term is defined in section 673 of the Community (iv) real property disposed of by lease for a state agencies term of more than 5 years, if the total estimated Services Block Grant Act (42 U.S.C. 9902)); (a) DEFINITIONS.—In this section, the fol- rent over the term of the lease is more than (iii) a school, college, or university; lowing definitions apply: $100,000; or (iv) a school for the mentally retarded or (1) PUBLIC AGENCY.—The term ‘‘public agen- (v) real property or real and related personal physically handicapped; cy’’ means— property disposed of by exchange, regardless of (v) a child care center; (A) a State; value, or any property for which any part of the (vi) a radio or television station licensed by (B) a political subdivision of a State (includ- consideration is real property. the Federal Communications Commission as an ing a unit of local government or economic de- educational radio or educational television sta- (B) EXCEPTION.—An explanatory statement is velopment district); not required for a disposal of personal property tion; (C) a department, agency, or instrumentality (vii) a museum attended by the public; or under subsection (d), or for a disposal of real or of a State (including instrumentalities created (viii) a library serving free all residents of a personal property authorized by any other law by compact or other agreement between States community, district, State, or region. to be made without advertising. or political subdivisions); or (4) EXCEPTION.—This subsection does not (2) TRANSMITTAL TO CONGRESS.—The explana- (D) an Indian tribe, band, group, pueblo, or apply to property transferred under subsection tory statement shall be transmitted to the appro- community located on a state reservation. (d). priate committees of Congress in advance of the (2) STATE.—The term ‘‘State’’ means a State of (d) DEPARTMENT OF DEFENSE PROPERTY.— disposal, and a copy of the statement shall be the United States, the District of Columbia, (1) DETERMINATION.—The Secretary of De- preserved in the files of the executive agency Puerto Rico, the Virgin Islands, Guam, the fense shall determine whether surplus personal making the disposal. Northern Mariana Islands, and American property under the control of the Department of (3) LISTING IN REPORT.—A report of the Ad- Samoa. Defense is usable and necessary for educational ministrator under section 126 of this title must (3) STATE AGENCY.—The term ‘‘state agency’’ activities which are of special interest to the include a listing and description of any nego- means an agency designated under state law as armed services, including maritime academies, or tiated disposals of surplus property having an the agency responsible for fair and equitable military, naval, Air Force, or Coast Guard pre- estimated fair market value of more than distribution, through donation, of property paratory schools. $15,000, in the case of real property, or $5,000, in transferred under this section. (2) PROPERTY USABLE FOR SPECIAL INTEREST the case of any other property, other than dis- (b) AUTHORIZATION.— ACTIVITIES.—If the Secretary of Defense deter- posals for which an explanatory statement has (1) IN GENERAL.—The Administrator of Gen- mines that the property is usable and necessary been transmitted under this subsection. eral Services, in the Administrator’s discretion for educational activities which are of special (f) APPLICABILITY OF OTHER LAW.—Section and under regulations the Administrator may interest to the armed services, the Secretary 3709 of the Revised Statutes (41 U.S.C. 5) does prescribe, may transfer property described in shall allocate the property for transfer by the not apply to a disposal or contract for disposal paragraph (2) to a state agency. Administrator to the appropriate state agency made under this section. (2) PROPERTY.— for distribution through donation to the edu- § 546. Contractor inventories (A) IN GENERAL.—Property referred to in cational activities. Subject to regulations of the Administrator of paragraph (1) is any personal property that— (3) PROPERTY NOT USABLE FOR SPECIAL INTER- General Services, an executive agency may au- (i) is under the control of an executive agen- EST ACTIVITIES.—If the Secretary of Defense de- thorize a contractor or subcontractor with the cy; and termines that the property is not usable and agency to retain or dispose of contractor inven- (ii) has been determined to be surplus prop- necessary for educational activities which are of tory. erty. special interest to the armed services, the prop- (B) SPECIAL RULE.—In determining whether erty may be disposed of in accordance with sub- § 547. Agricultural commodities, foods, and section (c). cotton or woolen goods the property is to be transferred for donation under this section, no distinction may be made (e) STATE PLAN OF OPERATION.— (a) POLICIES.—The Administrator of General (1) IN GENERAL.—Before property may be between property capitalized in a working-cap- Services shall consult with the Secretary of Ag- transferred to a state agency, the State shall de- ital fund established under section 2208 of title riculture to formulate policies for the disposal of velop a detailed state plan of operation, in ac- 10 (or similar fund) and any other property. surplus agricultural commodities, surplus foods cordance with this subsection and with state (3) NO COST.—Transfer of property under this processed from agricultural commodities, and section is without cost, except for any costs of law. surplus cotton or woolen goods. The policies (2) PROCEDURE.— care and handling. shall be formulated to prevent surplus agricul- (A) CONSIDERATION OF NEEDS AND RE- (c) ALLOCATION AND TRANSFER OF PROP- tural commodities, or surplus foods processed SOURCES.—In developing and implementing the ERTY.— from agricultural commodities, from being state plan of operation, the relative needs and (1) IN GENERAL.—The Administrator shall allo- resources of all public agencies and other eligi- dumped on the market in a disorderly manner cate and transfer property under this section in ble institutions in the State shall be taken into and disrupting the market prices for agricul- accordance with criteria that are based on need consideration. The Administrator may consult tural commodities. and use and that are established after consulta- (b) TRANSFERS TO DEPARTMENT OF AGRI- with interested federal agencies to obtain their tion with state agencies to the extent feasible. CULTURE.— views concerning the administration and oper- The Administrator shall give fair consideration, (1) IN GENERAL.—The Administrator shall ation of this section. consistent with the established criteria, to an transfer without charge to the Department of (B) PUBLICATION AND PERIOD FOR COMMENT.— expression of need and interest from a public Agriculture any surplus agricultural commod- The state plan of operation, and any major agency or other eligible institution within a ities, foods, and cotton or woolen goods for dis- amendment to the plan, may not be filed with State. The Administrator shall give special con- posal, when the Secretary determines that a the Administrator until 60 days after general sideration to an eligible recipient’s request, transfer is necessary for the Secretary to carry notice of the proposed plan or amendment has transmitted through the state agency, for a spe- out responsibilities for price support or stabiliza- been published and interested persons have been cific item of property. tion. given at least 30 days to submit comments. (2) ALLOCATION AMONG STATES.—The Adminis- (2) DEPOSIT OF RECEIPTS.—Receipts resulting (C) CERTIFICATION.—The chief executive offi- trator shall allocate property among the States from disposal by the Department under this sub- cer of the State shall certify and submit the on a fair and equitable basis, taking into ac- section shall be deposited pursuant to any au- state plan of operation to the Administrator. count the condition of the property as well as thority available to the Secretary. When appli- (3) REQUIREMENTS.— the original acquisition cost of the property. cable, however, net proceeds from the sale of (A) STATE AGENCY.—The state plan of oper- (3) RECIPIENTS AND PURPOSES.—The Adminis- surplus property transferred under this sub- ation shall include adequate assurance that the trator shall transfer to a state agency property section shall be credited pursuant to section state agency has— the state agency selects for distribution through (i) the necessary organizational and oper- 572(a) of this title. donation within the State— ational authority and capability including staff, (3) LIMITATION OF SALES.—Surplus farm com- (A) to a public agency for use in carrying out facilities, and means and methods of financing; modities transferred under this subsection may or promoting, for residents of a given political and not be sold, other than for export, in quantities area, a public purpose, including conservation, (ii) established procedures for accountability, exceeding, or at prices less than, the applicable economic development, education, parks and internal and external audits, cooperative agree- quantities and prices for sales of those commod- recreation, public health, and public safety; or ments, compliance and use reviews, equitable ities by the Commodity Credit Corporation. (B) for purposes of education or public health distribution and property disposal, determina- § 548. Surplus vessels (including research), to a nonprofit educational tion of eligibility, and assistance through con- The Maritime Administration shall dispose of or public health institution or organization that sultation with advisory bodies and public and surplus vessels of 1,500 gross tons or more which is exempt from taxation under section 501 of the private groups.

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(B) EQUITABLE DISTRIBUTION.—The state plan agreement may be made between a state surplus (d) for use in the protection of public health, in- of operation shall provide for fair and equitable property distribution agency designated under cluding research; distribution of property in the State based on this section and— (C) the Secretary of the Interior, for property the relative needs and resources of interested (A) the Administrator; transferred under subsection (e) for public park public agencies and other eligible institutions in (B) the Secretary of Education, for property or recreation area use; the State and their abilities to use the property. transferred under section 550(c) of this title; (D) the Secretary of Housing and Urban De- (C) MANAGEMENT CONTROL AND ACCOUNTING (C) the Secretary of Health and Human Serv- velopment, for property transferred under sub- SYSTEMS.—The state plan of operation shall re- ices, for property transferred under section section (f) to provide housing or housing assist- quire, for donable property transferred under 550(d) of this title; or ance for low-income individuals or families; and this section, that the state agency use manage- (D) the head of a federal agency designated (E) the Secretary of the Interior, for property ment control and accounting systems of the by the Administrator, the Secretary of Edu- transferred under subsection (h) for use as a same type as systems required by state law for cation, or the Secretary of Health and Human historic monument for the benefit of the public. state-owned property. However, with approval Services. (c) PROPERTY FOR SCHOOL, CLASSROOM, OR from the chief executive officer of the State, the (2) SHARED RESOURCES.—The cooperative OTHER EDUCATIONAL USE.— state agency may elect to use other management agreement may provide that the property, facili- (1) ASSIGNMENT.—The Administrator, in the control and accounting systems that are effec- ties, personnel, or services of— Administrator’s discretion and under regula- tive to govern the use, inventory control, ac- (A) a state agency may be used by a federal tions that the Administrator may prescribe, may countability, and disposal of property under agency; and assign to the Secretary of Education for disposal this section. (B) a federal agency may be made available to surplus real property, including buildings, fix- (D) RETURN AND REDISTRIBUTION FOR NON- a state agency. tures, and equipment situated on the property, USE.—The state plan of operation shall require (3) REIMBURSEMENT.—The cooperative agree- that the Secretary recommends as needed for the state agency to provide for the return and ment may require payment or reimbursement for school, classroom, or other educational use. (2) SALE OR LEASE.—Subject to disapproval by redistribution of donable property if the prop- the use or provision of property, facilities, per- the Administrator within 30 days after notice to erty, while still usable, has not been placed in sonnel, or services. Payment or reimbursement the Administrator by the Secretary of Education use for the purpose for which it was donated received from a state agency shall be credited to of a proposed transfer, the Secretary, for school, within one year of donation or ceases to be used the fund or appropriation against which classroom, or other educational use, may sell or by the donee for that purpose within one year charges would otherwise be made. lease property assigned to the Secretary under of being placed in use. (4) SURPLUS PROPERTY TRANSFERRED TO STATE paragraph (1) to a State, a political subdivision (E) REQUEST BY RECIPIENT.—The state plan of AGENCY.— operation shall require the state agency, to the (A) IN GENERAL.—Under the cooperative or instrumentality of a State, a tax-supported educational institution, or a nonprofit edu- extent practicable, to select property requested agreement, surplus property transferred to a cational institution that has been held exempt by a public agency or other eligible institution state agency for distribution pursuant to sub- from taxation under section 501(c)(3) of the In- in the State and, if requested by the recipient, to section (c) may be retained by the state agency ternal Revenue Code of 1986 (26 U.S.C. arrange shipment of the property directly to the for use in performing its functions. Unless oth- 501(c)(3)). recipient. erwise directed by the Administrator, title to the (3) FIXING VALUE.—In fixing the sale or lease (F) SERVICE CHARGES.—If the state agency is retained property vests in the state agency. value of property disposed of under paragraph authorized to assess and collect service charges (B) CONDITIONS.—Retention of surplus prop- (2), the Secretary of Education shall take into from participating recipients to cover direct and erty under this paragraph is subject to condi- consideration any benefit which has accrued or reasonable indirect costs of its activities, the tions that may be imposed by— may accrue to the Government from the use of method of establishing the charges shall be set (i) the Administrator; the property by the State, political subdivision out in the state plan of operation. The charges (ii) the Secretary of Education, for property or instrumentality, or institution. shall be fair and equitable and shall be based on transferred under section 550(c) of this title; or (d) PROPERTY FOR USE IN THE PROTECTION OF services the state agency performs, including (iii) the Secretary of Health and Human Serv- PUBLIC HEALTH, INCLUDING RESEARCH.— screening, packing, crating, removal, and trans- ices, for property transferred under section 550(d) of this title. (1) ASSIGNMENT.—The Administrator, in the portation. Administrator’s discretion and under regula- (G) TERMS, CONDITIONS, RESERVATIONS, AND § 550. Disposal of real property for certain tions that the Administrator may prescribe, may RESTRICTIONS.— purposes assign to the Secretary of Health and Human (i) IN GENERAL.—The state plan of operation (a) DEFINITION.—In this section, the term Services for disposal surplus real property, in- shall provide that the state agency— ‘‘State’’ includes the District of Columbia, Puer- cluding buildings, fixtures, and equipment situ- (I) may impose reasonable terms, conditions, to Rico, and the territories and possessions of reservations, and restrictions on the use of prop- ated on the property, that the Secretary rec- the United States. ommends as needed for use in the protection of erty to be donated under subsection (c); and (b) ENFORCEMENT AND REVISION OF INSTRU- (II) shall impose reasonable terms, conditions, public health, including research. MENTS TRANSFERRING PROPERTY UNDER THIS reservations, and restrictions on the use of a (2) SALE OR LEASE.—Subject to disapproval by SECTION.— the Administrator within 30 days after notice to passenger motor vehicle and any item of prop- (1) IN GENERAL.—Subject to disapproval by the erty having a unit acquisition cost of $5,000 or the Administrator by the Secretary of Health Administrator of General Services within 30 and Human Services of a proposed transfer, the more. days after notice of a proposed action to be (ii) SPECIAL LIMITATIONS.—If the Adminis- Secretary, for use in the protection of public taken under this section, except for personal trator finds that an item has characteristics that health, including research, may sell or lease property transferred pursuant to section 549 of require special handling or use limitations, the property assigned to the Secretary under para- this title, the official specified in paragraph (2) Administrator may impose appropriate condi- graph (1) to a State, a political subdivision or shall determine and enforce compliance with the tions on the donation of the property. instrumentality of a State, a tax-supported med- terms, conditions, reservations, and restrictions (H) UNUSABLE PROPERTY.— ical institution, or a hospital or similar institu- (i) DISPOSAL.—The state plan of operation contained in an instrument by which a transfer tion not operated for profit that has been held shall provide that surplus personal property under this section is made. The official shall re- exempt from taxation under section 501(c)(3) of which the state agency determines cannot be form, correct, or amend the instrument if nec- the Internal Revenue Code of 1986 (26 U.S.C. used by eligible recipients shall be disposed of— essary to correct the instrument or to conform 501(c)(3)). (I) subject to the disapproval of the Adminis- the transfer to the requirements of law. The offi- (3) FIXING VALUE.—In fixing the sale or lease trator within 30 days after notice to the Admin- cial shall grant a release from any term, condi- value of property disposed of under paragraph istrator, through transfer by the state agency to tion, reservation or restriction contained in the (2), the Secretary of Health and Human Services another state agency or through abandonment instrument, and shall convey, quitclaim, or re- shall take into consideration any benefit which or destruction if the property has no commercial lease to the transferee (or other eligible user) has accrued or may accrue to the Government value or if the estimated cost of continued care any right or interest reserved to the Federal from the use of the property by the State, polit- and handling exceeds estimated proceeds from Government by the instrument, if the official de- ical subdivision or instrumentality, or institu- sale; or termines that the property no longer serves the tion. (II) under this subtitle, on terms and condi- purpose for which it was transferred or that a (e) PROPERTY FOR USE AS A PUBLIC PARK OR tions and in a manner the Administrator pre- release, conveyance, or quitclaim deed will not RECREATION AREA.— scribes. prevent accomplishment of that purpose. The re- (1) ASSIGNMENT.—The Administrator, in the (ii) PROCEEDS FROM SALE.—Notwithstanding lease, conveyance, or quitclaim deed may be Administrator’s discretion and under regula- subchapter IV of this chapter and section 702 of made subject to terms and conditions that the tions that the Administrator may prescribe, may this title, the Administrator, from the proceeds official considers necessary to protect or ad- assign to the Secretary of the Interior for dis- of sale of property described in subsection (b), vance the interests of the Government. posal surplus real property, including buildings, may reimburse the state agency for expenses (2) SPECIFIED OFFICIAL.—The official referred fixtures, and equipment situated on the prop- that the Administrator considers appropriate for to in paragraph (1) is— erty, that the Secretary recommends as needed care and handling of the property. (A) the Secretary of Education, for property for use as a public park or recreation area. (f) COOPERATIVE AGREEMENTS WITH STATE transferred under subsection (c) for school, (2) SALE OR LEASE.—Subject to disapproval by AGENCIES.— classroom, or other educational use; the Administrator within 30 days after notice to (1) PARTIES TO THE AGREEMENT.—For pur- (B) the Secretary of Health and Human Serv- the Administrator by the Secretary of the Inte- poses of carrying out this section, a cooperative ices, for property transferred under subsection rior of a proposed transfer, the Secretary, for

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public park or recreation area use, may sell or division or instrumentality, or nonprofit organi- (3) DEED OF CONVEYANCE.—The deed of con- lease property assigned to the Secretary under zation. veyance of any surplus real property disposed of paragraph (1) to a State, a political subdivision (B) AMOUNT OF DISCOUNT.—The amount of under this subsection— or instrumentality of a State, or a municipality. the discount under subparagraph (A) is 75 per- (A) shall provide that all of the property be (3) FIXING VALUE.—In fixing the sale or lease cent of the market value of the property, except used and maintained for historical monument value of property disposed of under paragraph that the Secretary of Housing and Urban Devel- purposes in perpetuity, and that if the property (2), the Secretary of the Interior shall take into opment may discount by a greater percentage if ceases to be used or maintained for historical consideration any benefit which has accrued or the Secretary, in consultation with the Adminis- monument purposes, all or any portion of the may accrue to the Government from the use of trator, determines that a higher percentage is property shall, in its then existing condition, at the property by the State, political subdivision justified. the option of the Government, revert to the Gov- or instrumentality, or municipality. (g) PROPERTY FOR NATIONAL SERVICE ACTIVI- ernment; and (4) DEED OF CONVEYANCE.—The deed of con- TIES.— (B) may contain additional terms, reserva- veyance of any surplus real property disposed of (1) ASSIGNMENT.—The Administrator, in the tions, restrictions, and conditions the Adminis- under this subsection— Administrator’s discretion and under regula- trator determines are necessary to safeguard the (A) shall provide that all of the property be tions that the Administrator may prescribe, may interests of the Government. assign to the Chief Executive Officer of the Cor- used and maintained for the purpose for which § 551. Donations to American Red Cross it was conveyed in perpetuity, and that if the poration for National and Community Service property ceases to be used or maintained for for disposal surplus property that the Chief Ex- The Administrator of General Services, in the that purpose, all or any portion of the property ecutive Officer recommends as needed for na- Administrator’s discretion and under regula- shall, in its then existing condition, at the optional service activities. tions that the Administrator may prescribe, may tion of the Government, revert to the Govern- (2) SALE, LEASE, OR DONATION.—Subject to dis- donate to the American National Red Cross for ment; and approval by the Administrator within 30 days charitable purposes property that the American (B) may contain additional terms, reserva- after notice to the Administrator by the Chief National Red Cross processed, produced, or do- tions, restrictions, and conditions the Secretary Executive Officer of a proposed transfer, the nated and that has been determined to be sur- of the Interior determines are necessary to safe- Chief Executive Officer, for national service ac- plus property. guard the interests of the Government. tivities, may sell, lease, or donate property as- § 552. Abandoned or unclaimed property on (f) PROPERTY FOR LOW INCOME HOUSING AS- signed to the Chief Executive Officer under Government premises SISTANCE.— paragraph (1) to an entity that receives finan- (a) AUTHORITY TO TAKE PROPERTY.—The Ad- (1) ASSIGNMENT.—The Administrator, in the cial assistance under the National and Commu- ministrator of General Services may take posses- Administrator’s discretion and under regula- nity Service Act of 1990 (42 U.S.C. 12501 et seq.). sion of abandoned or unclaimed property on (3) FIXING VALUE.—In fixing the sale or lease tions that the Administrator may prescribe, may premises owned or leased by the Federal Gov- value of property disposed of under paragraph assign to the Secretary of Housing and Urban ernment and determine when title to the prop- (2), the Chief Executive Officer shall take into Development for disposal surplus real property, erty vests in the Government. The Administrator consideration any benefit which has accrued or including buildings, fixtures, and equipment sit- may use, transfer, or otherwise dispose of the may accrue to the Government from the use of uated on the property, that the Secretary rec- property. the property by the entity receiving the prop- ommends as needed to provide housing or hous- (b) CLAIM FILED BY FORMER OWNER.—If a ing assistance for low-income individuals or erty. former owner files a proper claim within three (h) PROPERTY FOR USE AS A HISTORIC MONU- families. years from the date that title to the property MENT.— (2) SALE OR LEASE.—Subject to disapproval by vests in the Government, the former owner shall the Administrator within 30 days after notice to (1) CONVEYANCE.— (A) IN GENERAL.—Without monetary consider- be paid an amount— the Administrator by the Secretary of Housing ation to the Government, the Administrator may (1) equal to the proceeds realized from the dis- and Urban Development of a proposed transfer, convey to a State, a political subdivision or in- position of the property less costs incident to the Secretary, to provide housing or housing as- strumentality of a State, or a municipality, the care and handling as determined by the Admin- sistance for low-income individuals or families, right, title, and interest of the Government in istrator; or may sell or lease property assigned to the Sec- and to any surplus real and related personal (2) if the property has been used or trans- retary under paragraph (1) to a State, a polit- property that the Secretary of the Interior deter- ferred, equal to the fair value of the property as ical subdivision or instrumentality of a State, or mines is suitable and desirable for use as a his- of the time title vested in the Government less a nonprofit organization that exists for the pri- toric monument for the benefit of the public. costs incident to care and handling as deter- mary purpose of providing housing or housing (B) RECOMMENDATION BY NATIONAL PARK SYS- mined by the Administrator. assistance for low-income individuals or fami- TEM ADVISORY BOARD.—Property may be deter- § 553. Property for correctional facility, law lies. mined to be suitable and desirable for use as a enforcement, and emergency management (3) SELF-HELP HOUSING.— historic monument only in conformity with a (A) IN GENERAL.—The Administrator shall dis- response purposes recommendation by the National Park System approve a proposed transfer of property under (a) DEFINITION.—In this section, the term Advisory Board established under section 3 of this subsection unless the Administrator deter- ‘‘State’’ includes the District of Columbia, Puer- the Act of August 21, 1935 (16 U.S.C. 463) mines that the property will be used for low-in- to Rico, Guam, American Samoa, the Virgin Is- (known as the Historic Sites, Buildings, and An- come housing opportunities through the con- lands, the Federated States of Micronesia, the tiquities Act). Only the portion of the property struction, rehabilitation, or refurbishment of Marshall Islands, Palau, and, the Northern that is necessary for the preservation and prop- self-help housing, under terms requiring that— Mariana Islands. (i) subject to subparagraph (B), an individual er observation of the property’s historic features (b) AUTHORITY TO TRANSFER PROPERTY.—The or family receiving housing or housing assist- may be determined to be suitable and desirable Administrator of General Services, in the Ad- ance through use of the property shall con- for use as a historic monument. ministrator’s discretion and under regulations (2) REVENUE-PRODUCING ACTIVITY.— tribute a significant amount of labor toward the that the Administrator may prescribe, may (A) IN GENERAL.—The Administrator may au- transfer or convey to a State, or political sub- construction, rehabilitation, or refurbishment; thorize use of any property conveyed under this division or instrumentality of a State, surplus and subsection for revenue-producing activities if (ii) dwellings constructed, rehabilitated, or re- real and related personal property that— the Secretary of the Interior— (1) the Attorney General determines is re- furbished through use of the property shall be (i) determines that the activities are compat- quired by the transferee or grantee for correc- quality dwellings that comply with local build- ible with use of the property for historic monu- tional facility use under a program approved by ing and safety codes and standards and shall be ment purposes; available at prices below prevailing market (ii) approves the grantee’s plan for repair, re- the Attorney General for the care or rehabilita- prices. habilitation, restoration, and maintenance of tion of criminal offenders; (B) GUIDELINES FOR CONSIDERING DISABIL- the property; (2) the Attorney General determines is re- ITIES.—For purposes of fulfilling self-help re- (iii) approves the grantee’s plan for financing quired by the transferee or grantee for law en- quirements under paragraph (3)(A)(i), the Ad- the repair, rehabilitation, restoration, and forcement purposes; or ministrator shall ensure that nonprofit organi- maintenance of the property; and (3) the Director of the Federal Emergency zations receiving property under paragraph (2) (iv) examines and approves the accounting Management Agency determines is required by develop and use guidelines to consider any dis- and financial procedures used by the grantee. the transferee or grantee for emergency manage- ability (as defined in section 3(2) of the Ameri- (B) USE OF EXCESS INCOME.—The Secretary of ment response purposes including fire and res- cans with Disabilities Act of 1990 (42 U.S.C. the Interior may approve a grantee’s financial cue services. 12102(2)). plan only if the plan provides that the grantee (c) NO MONETARY CONSIDERATION.—A trans- (4) FIXING VALUE.— shall use income exceeding the cost of repair, refer or conveyance under this section shall be (A) IN GENERAL.—In fixing the sale or lease habilitation, restoration, and maintenance only made without monetary consideration to the value of property disposed of under paragraph for public historic preservation, park, or rec- Federal Government. (2), the Secretary of Housing and Urban Devel- reational purposes. (d) DEED OF CONVEYANCE.—The deed of con- opment shall take into consideration and dis- (C) AUDITS.—The Secretary of the Interior veyance of any surplus real and related per- count the value for any benefit which has ac- may periodically audit the records of the grant- sonal property disposed of under this section— crued or may accrue to the Government from the ee that are directly related to the property con- (1) shall provide that all of the property be use of the property by the State, political sub- veyed. used and maintained for the purpose for which

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.019 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3327 it was conveyed in perpetuity, and that if the development plan submitted by an eligible under any law for the purpose of engaging in property ceases to be used or maintained for grantee and based on assured use of the prop- dredging activities within the United States. that purpose, all or any portion of the property erty to be conveyed as part of a necessary eco- (d) DEPOSIT OF AMOUNTS COLLECTED.— shall, in its then existing condition, at the op- nomic development program; and Amounts collected from the sale or lease of a tion of the Government, revert to the Govern- (C) transmitted to Congress an explanatory vessel or equipment under this section shall be ment; and statement that contains information substan- deposited into the revolving fund authorized by (2) may contain additional terms, reserva- tially similar to the information contained in section 101 (9th par.) of the Civil Functions Ap- tions, restrictions, and conditions that the Ad- statements prepared under section 545(e) of this propriation Act, 1954 (33 U.S.C. 576), to be avail- ministrator determines are necessary to safe- title. able, as provided in appropriation laws, for the guard the interests of the Government. (d) NO MONETARY CONSIDERATION.—A con- operation and maintenance of vessels under the (e) ENFORCEMENT AND REVISION OF INSTRU- veyance under this section shall be made with- control of the Corps of Engineers. MENTS TRANSFERRING PROPERTY UNDER THIS out monetary consideration to the Federal Gov- § 557. Donation of books to Free Public Li- SECTION.—The Administrator shall determine ernment. brary and enforce compliance with the terms, condi- (e) DEED OF CONVEYANCE.—The deed of con- tions, reservations, and restrictions contained in veyance of any surplus real and related per- Subject to regulations under this subtitle, a an instrument by which a transfer or convey- sonal property disposed of under this section book that is no longer needed by an executive ance under this section is made. The Adminis- shall— department, bureau, or commission of the Fed- trator shall reform, correct, or amend the instru- (1) provide that all of the property be used eral Government, and that is not an advisable ment if necessary to correct the instrument or to and maintained for the purpose for which it was addition to the Library of Congress, shall be conform the transfer to the requirements of law. conveyed in perpetuity, and that if the property turned over to the Free Public Library of the The Administrator shall grant a release from ceases to be used or maintained for that pur- District of Columbia for general use if the book any term, condition, reservation or restriction pose, all or any portion of the property shall, in is appropriate for the Free Public Library. contained in the instrument, and shall convey, its then existing condition, at the option of the § 558. Donation of forfeited vessels quitclaim, or release to the transferee (or other Government, revert to the Government; and (a) IN GENERAL.—A vessel that is forfeited to eligible user) any right or interest reserved to (2) contain additional terms, reservations, re- the Federal Government may be donated, in ac- the Government by the instrument, if the Ad- strictions, and conditions that the Secretary of cordance with procedures under this subtitle, to ministrator determines that the property no Transportation shall by regulation require to an eligible institution described in subsection longer serves the purpose for which it was ensure use of the property for the purposes for (b). transferred or that a release, conveyance, or which it was conveyed and to safeguard the in- (b) ELIGIBLE INSTITUTION.—An eligible institu- quitclaim deed will not prevent accomplishment terests of the Government. tion referred to in subsection (a) is an edu- of that purpose. The release, conveyance, or (f) ENFORCEMENT AND REVISION OF INSTRU- cational institution with a commercial fishing quitclaim deed may be made subject to terms and MENTS TRANSFERRING PROPERTY UNDER THIS vessel safety program or other vessel safety, edu- conditions that the Administrator considers nec- SECTION.—The Secretary of Transportation cation and training program. The institution essary to protect or advance the interests of the shall determine and enforce compliance with the must certify to the federal officer making the do- Government. terms, conditions, reservations, and restrictions nation that the program includes, at a min- § 554. Property for development or operation contained in an instrument by which a transfer imum, all of the following courses in vessel safe- of a port facility or conveyance under this section is made. The ty: Secretary shall reform, correct, or amend the in- (a) DEFINITIONS.—In this section, the fol- (1) Vessel stability. strument if necessary to correct the instrument lowing definitions apply: (2) Firefighting. (1) BASE CLOSURE LAW.—The term ‘‘base clo- or to conform the transfer to the requirements of (3) Shipboard first aid. sure law’’ means the following: law. The Secretary shall grant a release from (4) Marine safety and survival. (A) Title II of the Defense Authorization any term, condition, reservation or restriction (5) Seamanship rules of the road. Amendments and Base Closure and Realignment contained in the instrument, and shall convey, (c) TERMS AND CONDITIONS.—The donation of Act (Public Law 100–526; 10 U.S.C. 2687 note). quitclaim, or release to the grantee any right or a vessel under this section shall be made on (B) The Defense Base Closure and Realign- interest reserved to the Government by the in- terms and conditions considered appropriate by ment Act of 1990 (part A of title XXIX of Public strument, if the Secretary determines that the the federal officer making the donation. All of Law 101–510; 10 U.S.C. 2687 note). property no longer serves the purpose for which the following terms and conditions are required: (C) Section 2687 of title 10. it was transferred or that a release, conveyance, (1) NO WARRANTY.—The institution must ac- (2) STATE.—The term ‘‘State’’ includes the or quitclaim deed will not prevent accomplish- cept the vessel as is, where it is, and without District of Columbia, Puerto Rico, Guam, Amer- ment of that purpose. The release, conveyance, warranty of any kind and without any rep- ican Samoa, the Virgin Islands, the Federated or quitclaim deed may be made subject to terms resentation as to its condition or suitability for States of Micronesia, the Marshall Islands, and conditions that the Secretary considers nec- use. Palau, and the Northern Mariana Islands. essary to protect or advance the interests of the (2) MAINTENANCE.—The institution is respon- (b) AUTHORITY FOR ASSIGNMENT TO THE SEC- Government. sible for maintaining the vessel. RETARY OF TRANSPORTATION.—Under regula- § 555. Donation of law enforcement canines to (3) INSTRUCTION ONLY.—The vessel may be tions that the Administrator of General Services, handlers used only for instructing students in a vessel after consultation with the Secretary of De- The head of a federal agency having control safety education and training program. fense, may prescribe, the Administrator, or the of a canine that has been used by a federal (4) DOCUMENTATION.—If the vessel is eligible Secretary of Defense in the case of property lo- agency in the performance of law enforcement to be documented, it must be documented by the cated at a military installation closed or re- duties and that has been determined by the institution as a vessel of the United States aligned pursuant to a base closure law, may as- agency to be no longer needed for official pur- under chapter 121 of title 46. The requirements sign to the Secretary of Transportation for disposes may donate the canine to an individual of paragraph (5) must be noted on the perma- posal surplus real property, including buildings, who has experience handling canines in the per- nent record of the vessel. fixtures, and equipment situated on the prop- formance of those duties. (5) DISPOSAL.—The institution must obtain erty, that the Secretary of Transportation rec- prior approval from the Administrator of Gen- § 556. Disposal of dredge vessels ommends as needed for the development or oper- eral Services before disposing of the vessel and ation of a port facility. (a) IN GENERAL.—The Administrator of Gen- any proceeds from disposal shall be payable to (c) AUTHORITY FOR CONVEYANCE BY THE SEC- eral Services, pursuant to sections 521 through the Government. RETARY OF TRANSPORTATION. 527, 529, and 549 of this title, may dispose of a (6) INSPECTION OR REGULATION.—The vessel (1) IN GENERAL.—Subject to disapproval by the United States Army Corps of Engineers vessel shall be inspected or regulated in the same man- Administrator or the Secretary of Defense with- used for dredging, together with related equip- ner as a nautical school vessel under chapter 33 in 30 days after notice of a proposed conveyance ment owned by the Federal Government and of title 46. by the Secretary of Transportation, the Sec- under the control of the Chief of Engineers, if (d) GOVERNMENT LIABILITY.—The Government retary of Transportation, for the development or the Secretary of the Army declares the vessel to is not liable in an action arising out of the operation of a port facility, may convey prop- be in excess of federal needs. transfer or use of a vessel transferred under this erty assigned to the Secretary of Transportation (b) RECIPIENTS AND PURPOSES.—Disposal section. under subsection (b) to a State or political sub- under this section is accomplished— division, municipality, or instrumentality of a (1) through sale or lease to— § 559. Advice of Attorney General with respect State. (A) a foreign government as part of a Corps of to antitrust law (2) CONVEYANCE REQUIREMENTS.—A transfer Engineers technical assistance program; (a) DEFINITION.—In this section, the term of property may be made under this section only (B) a federal or state maritime academy for ‘‘antitrust law’’ includes— after the Secretary of Transportation has— training purposes; or (1) the Sherman Act (15 U.S.C. 1 et seq.); (A) determined, after consultation with the (C) a non-federal public body for scientific, (2) the Clayton Act (15 U.S.C. 12 et seq., 29 Secretary of Labor, that the property to be con- educational, or cultural purposes; or U.S.C. 52, 53); veyed is located in an area of serious economic (2) through sale solely for scrap to foreign or (3) the Federal Trade Commission Act (15 disruption; domestic interests. U.S.C. 41 et seq.); and (B) received and, after consultation with the (c) NO DREDGING ACTIVITIES.—A vessel de- (4) sections 73 and 74 of the Wilson Tariff Act Secretary of Commerce, approved an economic scribed in subsection (a) shall not be disposed of (15 U.S.C. 8, 9).

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(b) ADVICE REQUIRED.— incurred for the use of excess property and the available for facility maintenance and repair or (1) IN GENERAL.—An executive agency shall disposal of surplus property under this subtitle: environmental restoration by the military de- not dispose of property to a private interest (i) Fees of appraisers, auctioneers, and realty partment that had jurisdiction over the property until the agency has received the advice of the brokers, in accordance with the scale custom- before the closure of the military installation. Attorney General on whether the disposal to a arily paid in similar commercial transactions. (ii) In the case of property located at any private interest would tend to create or main- (ii) Costs of environmental and historic preser- other military installation— tain a situation inconsistent with antitrust law. vation services. (I) 50 percent of the amount is available for (2) EXCEPTION.—This section does not apply (iii) Advertising and surveying. facility maintenance and repair or environ- to disposal of— (B) LIMITATIONS.— mental restoration at the military installation (A) real property, if the estimated fair market (i) PERCENTAGE LIMITATION.—In each fiscal where the property was located before it was value is less than $3,000,000; or year, no more than 12 percent of the proceeds of disposed of or transferred; and (B) personal property (other than a patent, all dispositions of surplus real and related per- (II) 50 percent of the amount is available for process, technique, or invention), if the esti- sonal property may be paid to meet direct ex- facility maintenance and repair and for envi- mated fair market value is less than $3,000,000. penses incurred in connection with the disposi- ronmental restoration by the military depart- (c) NOTICE TO ATTORNEY GENERAL.— tions. ment that had jurisdiction over the property be- (ii) DETERMINATION OF MAXIMUM AMOUNT.— (1) IN GENERAL.—An executive agency that fore it was disposed of or transferred. The Director of the Office of Management and contemplates disposing of property to a private (6) REPORT.—As part of the annual request Budget each quarter shall determine the max- interest shall promptly transmit notice of the for authorizations of appropriations to the Com- imum amount that may be obligated under this proposed disposal, including probable terms and mittees on Armed Services of the Senate and the paragraph. conditions, to the Attorney General. House of Representatives, the Secretary of De- (C) DIRECT PAYMENT OR REIMBURSEMENT.—An (2) COPY.—Except for the General Services fense shall include an accounting of each trans- amount obligated under this paragraph may be Administration, an executive agency that transfer and disposal made in accordance with this used to pay an expense directly or to reimburse mits notice under paragraph (1) shall simulta- subsection during the fiscal year preceding the a fund or appropriation that initially paid the neously transmit a copy of the notice to the Ad- fiscal year in which the request is made. The ac- expense. ministrator of General Services. counting shall include a detailed explanation of (3) TRANSFER TO MISCELLANEOUS RECEIPTS.— each transfer and disposal and of the use of the (d) ADVICE FROM ATTORNEY GENERAL.—With- At least once each year, excess amounts beyond in a reasonable time, not later than 60 days, proceeds received from it by the Department of current operating needs shall be transferred Defense. after receipt of notice under subsection (c), the from the fund described in paragraph (1) to mis- § 573. Personal property Attorney General shall advise the Administrator cellaneous receipts. and any interested executive agency whether, so (4) REPORT.—A report of receipts, disburse- The Administrator of General Services may re- far as the Attorney General can determine, the ments, and transfers to miscellaneous receipts tain from the proceeds of sales of personal prop- proposed disposition would tend to create or under this subsection shall be made annually, in erty the Administrator conducts amounts nec- maintain a situation inconsistent with antitrust connection with the budget estimate, to the Di- essary to recover, to the extent practicable, costs law. rector and to Congress. the Administrator (or the Administrator’s agent) (e) REQUEST FOR INFORMATION.—On request (b) REAL PROPERTY UNDER CONTROL OF A incurs in conducting the sales. The Adminis- from the Attorney General, the head of an exec- MILITARY DEPARTMENT.— trator shall deposit amounts retained into the utive agency shall furnish information the (1) DEFINITIONS.—In this subsection, the fol- General Supply Fund established under section agency possesses that the Attorney General de- lowing definitions apply: 321(a) of this title. From the amounts deposited, termines is appropriate or necessary to— (A) MILITARY INSTALLATION.—The term ‘‘mili- the Administrator may pay direct costs and rea- (1) give advice required by this section; or tary installation’’ has the meaning given that sonably related indirect costs incurred in con- (2) determine whether any other disposition or term in section 2687(e)(1) of title 10. ducting sales of personal property. At least once proposed disposition of surplus property violates (B) BASE CLOSURE LAW.—The term ‘‘base clo- each year, amounts retained that are not need- antitrust law. sure law’’ has the meaning given that term in ed to pay the direct and indirect costs shall be (f) NO EFFECT ON ANTITRUST LAW.—This subsection 2667(h)(2) of title 10. transferred from the General Supply Fund to title does not impair, amend, or modify antitrust (2) APPLICATION.— the general fund or another appropriate ac- law or limit or prevent application of antitrust (A) IN GENERAL.—This subsection applies to count in the Treasury. law to a person acquiring property under this real property, including any improvement on § 574. Other rules regarding proceeds the property, that is under the control of a mili- subtitle. (a) CREDIT TO REIMBURSABLE FUND OR AP- tary department and that the Secretary of the SUBCHAPTER IV—PROCEEDS FROM SALE PROPRIATION.— OR TRANSFER department determines is excess to the depart- (1) APPLICATION.—This subsection applies to ment’s needs. property acquired with amounts— § 571. General rules for deposit and use of (B) EXCEPTIONS.—This subsection does not proceeds (A) not appropriated from the general fund of apply to— the Treasury; or (a) DEPOSIT IN TREASURY AS MISCELLANEOUS (i) damaged or deteriorated military family (B) appropriated from the general fund of the RECEIPTS.— housing facilities conveyed under section 2854a Treasury but by law reimbursable from assess- (1) IN GENERAL.—Except as otherwise provided of title 10; or ment, tax, or other revenue or receipts. in this subchapter, proceeds described in para- (ii) property at a military installation des- (2) IN GENERAL.—The net proceeds of a dis- graph (2) shall be deposited in the Treasury as ignated for closure or realignment pursuant to a position or transfer of property described in miscellaneous receipts. base closure law. paragraph (1) shall be— (2) PROCEEDS.—The proceeds referred to in (3) TRANSFER BETWEEN MILITARY DEPART- (A) credited to the applicable reimbursable paragraph (1) are proceeds under this chapter MENTS.—The Secretary of Defense shall provide fund or appropriation; or from a— that property described in paragraph (2) is (B) paid to the federal agency that determined (A) transfer of excess property to a federal available for transfer, without reimbursement, the property to be excess. agency for agency use; or to other military departments within the De- (3) CALCULATION OF NET PROCEEDS.—For pur- (B) sale, lease, or other disposition of surplus partment of Defense. poses of this subsection, the net proceeds of a property. (4) ALTERNATIVE DISPOSITION BY ADMINIS- disposition or transfer of property are the pro- (b) PAYMENT OF EXPENSES OF SALE BEFORE TRATOR OF GENERAL SERVICES.—If property is ceeds less all expenses incurred for the disposi- DEPOSIT.—Subject to regulations under this sub- not transferred pursuant to paragraph (3), the tion or transfer, including care and handling. title, the expenses of the sale of old material, Secretary of the military department with the (4) ALTERNATIVE CREDIT TO MISCELLANEOUS condemned stores, supplies, or other public property under its control shall request the Ad- RECEIPTS.—If the agency that determined the property may be paid from the proceeds of sale ministrator to transfer or dispose of the property property to be excess decides that it is uneco- so that only the net proceeds are deposited in in accordance with this subtitle or other appli- nomical or impractical to ascertain the amount the Treasury. This subsection applies whether cable law. of net proceeds, the proceeds shall be credited to proceeds are deposited as miscellaneous receipts (5) PROCEEDS.— miscellaneous receipts. or to the credit of an appropriation as author- (A) DEPOSIT IN SPECIAL ACCOUNT.—For a (b) SPECIAL ACCOUNT FOR REFUNDS OR PAY- ized by law. transfer or disposition of property pursuant to MENTS FOR BREACH.— paragraph (4), the Administrator shall deposit (1) DEPOSITS.—A federal agency that disposes § 572. Real property any proceeds (less expenses of the transfer or of surplus property under this chapter may de- (a) IN GENERAL.— disposition as provided in subsection (a)) in a posit, in a special account in the Treasury, (1) SEPARATE FUND.—Except as provided in special account in the Treasury. amounts of the proceeds of the dispositions that subsection (b), proceeds of the disposition of (B) AVAILABILITY OF AMOUNT DEPOSITED.—To the agency decides are necessary to permit— surplus real and related personal property by the extent provided in an appropriation law, an (A) appropriate refunds to purchasers for dis- the Administrator of General Services shall be amount deposited in a special account under positions that are rescinded or that do not be- set aside in a separate fund in the Treasury. subparagraph (A) is available for facility main- come final; and (2) PAYMENT OF EXPENSES FROM THE FUND.— tenance and repair or environmental restoration (B) payments for breach of warranty. (A) AUTHORITY.—From the fund described in as follows: (2) WITHDRAWALS.—A federal agency that de- paragraph (1), the Administrator may obligate (i) In the case of property located at a mili- posits proceeds in a special account under para- an amount to pay the following direct expenses tary installation that is closed, the amount is graph (1) may withdraw amounts to be refunded

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The WORK.—If a contract made by an executive space not needing repair, alteration, or improve- Administrator shall establish a rental rate for agency, or a subcontract under that contract, ment. leased space equivalent to the prevailing com- authorizes the proceeds of a sale of property in (5) INSURANCE PROCEEDS FOR DEFENSE INDUS- mercial rate for comparable space devoted to a the custody of a contractor or subcontractor to TRIAL RESERVE.—At the direction of the Sec- similar purpose in the vicinity of the public be credited to the price or cost of work covered retary of Defense, the Administrator may use in- building. The lease may be negotiated without by the contract or subcontract, then the pro- surance proceeds received for damage to prop- competitive bids, but shall contain terms and ceeds of the sale shall be credited in accordance erty that is part of the Defense Industrial Re- conditions and be negotiated pursuant to proce- with the contract or subcontract. serve to repair or restore the property. dures that the Administrator considers nec- (d) ACCEPTANCE OF PROPERTY INSTEAD OF (6) MAINTENANCE CONTRACTS.—The Adminis- essary to promote competition and to protect the CASH.—An executive agency entitled to receive trator may enter into a contract, for a period public interest. cash under a contract for the lease, sale, or not exceeding five years, for the inspection, (2) OCCASIONAL USE OF SPACE FOR NON-COM- other disposition of surplus property may accept maintenance, and repair of fixed equipment in a MERCIAL PURPOSES.—The Administrator may property instead of cash if the President deter- federally owned building. make available, on occasion, or lease at a rate mines that the property is strategic or critical (d) LEASE OF FEDERAL BUILDING SITES.— and on terms and conditions that the Adminis- material. The property is valued at the pre- (1) IN GENERAL.—The Administrator may lease trator considers to be in the public interest, an vailing market price when the cash payment be- a federal building site or addition, including auditorium, meeting room, courtyard, rooftop, comes due. any improvements, until the site is needed for or lobby of a public building to a person, firm, (e) MANAGEMENT OF CREDIT, LEASES, AND construction purposes. The lease must be for fair or organization engaged in cultural, edu- PERMITS.—For a disposition of surplus property rental value and on other terms and conditions cational, or recreational activity (as defined in under this chapter, if credit has been extended, the Administrator considers to be in the public section 3306(a) of this title) that will not disrupt or if the disposition has been by lease or permit, interest pursuant to section 545 of this title. the operation of the building. the Administrator of General Services, in a man- (2) NEGOTIATION WITHOUT ADVERTISING.—A (3) DEPOSIT AND CREDIT OF AMOUNTS RE- ner and on terms the Administrator determines lease under this subsection may be negotiated CEIVED.—The Administrator may deposit into are in the best interest of the Federal without public advertising for bids if— the Federal Buildings Fund an amount received Government— (A) the lessee is— under a lease or rental executed pursuant to (1) shall administer and manage the credit, (i) the former owner from whom the Govern- paragraph (1) or (2). The amount shall be cred- lease, or permit, and any security for the credit, ment acquired the property; or ited to the appropriation from the Fund applica- lease, or permit; and (ii) the former owner’s tenant in possession; ble to the operation of the building. (2) may enforce, adjust, and settle any right and (4) FURNISHING UTILITIES AND MAINTENANCE.— of the Government with respect to the credit, (B) the lease is negotiated incident to or in The Administrator may furnish utilities, mainte- lease, or permit. connection with the acquisition of the property. nance, repair, and other services to a person, SUBCHAPTER V—OPERATION OF (3) DEPOSIT OF RENT.—Rent received under firm, or organization leasing space pursuant to BUILDINGS AND RELATED ACTIVITIES this subsection may be deposited into the Fed- paragraph (1) or (2). The services may be pro- eral Buildings Fund. § 581. General authority of Administrator of vided during and outside of regular working (e) ASSISTANCE TO THE INAUGURAL COM- hours of federal agencies. General Services MITTEE.—The Administrator may provide direct § 582. Management of buildings by Adminis- (a) APPLICABILITY.—To the extent that the assistance and special services for the Inaugural trator of General Services Administrator of General Services by law, other Committee (as defined in section 501 of title 36) than this section, may maintain, operate, and during an inaugural period in connection with (a) REQUEST BY FEDERAL AGENCY OR INSTRU- protect buildings or property, including the con- Presidential inaugural operations and func- MENTALITY.—At the request of a federal agency, struction, repair, preservation, demolition, fur- tions. Assistance and services under this sub- a mixed-ownership Government corporation (as nishing, or equipping of buildings or property, section may include— defined in chapter 91 of title 31), or the District the Administrator, in the discharge of these du- (1) employment of personal services without of Columbia, the Administrator of General Serv- ties, may exercise authority granted under this regard to chapters 33 and 51 and subchapter III ices may operate, maintain, and protect a build- section. of chapter 53 of title 5; ing that is owned by the Federal Government (b) PERSONNEL AND EQUIPMENT.—The Admin- (2) providing Government-owned and leased (or, in the case of a wholly owned or mixed- istrator may— space for personnel and parking; ownership Government corporation, by the cor- (1) employ and pay personnel at per diem (3) paying overtime to guard and custodial poration) and occupied by the agency or instru- rates approved by the Administrator, not ex- forces; mentality making the request. ceeding rates currently paid by private industry (4) erecting and removing stands and plat- (b) TRANSFER OF FUNCTIONS BY DIRECTOR OF for similar services in the place where the serv- forms; THE OFFICE OF MANAGEMENT AND BUDGET.— ices are performed; (5) providing and operating first-aid stations; (1) IN GENERAL.—When the Director of the Of- (2) purchase, repair, and clean uniforms for (6) providing furniture and equipment; and fice of Management and Budget determines that civilian employees of the General Services Ad- (7) providing other incidental services in the it is in the interest of economy or efficiency, the ministration who are required by law or regula- discretion of the Administrator. Director shall transfer to the Administrator all tion to wear uniform clothing; and (f) UTILITIES FOR DEFENSE INDUSTRIAL RE- functions vested in a federal agency with re- (3) furnish arms and ammunition for the pro- SERVE AND SURPLUS PROPERTY.—The Adminis- spect to the operation, maintenance, and cus- tection force the Administration maintains. trator may— tody of an office building owned by the Govern- (c) ACQUISITION AND MANAGEMENT OF PROP- (1) provide utilities and services, if the utilities ment or a wholly owned Government corpora- ERTY.— and services are not provided by other sources, tion, or an office building, or part of an office (1) REAL ESTATE.—The Administrator may ac- to a person, firm, or corporation occupying or building, that is occupied by a federal agency quire, by purchase, condemnation, or otherwise, using a plant or portion of a plant that under a lease. real estate and interests in real estate. constitutes— (2) EXCEPTION FOR POST-OFFICE BUILDINGS.— (2) GROUND RENT.—The Administrator may (A) any part of the Defense Industrial Reserve A transfer of functions shall not be made under pay ground rent for buildings owned by the pursuant to section 2535 of title 10; or this subsection for a post-office building, unless Federal Government or occupied by federal (B) surplus real property; and the Director determines that the building is not agencies, and pay the rent in advance if re- (2) credit an amount received for providing used predominantly for post-office purposes. quired by law or if the Administrator determines utilities and services under this subsection to an The Administrator may delegate functions with that advance payment is in the public interest. applicable appropriation of the Administration. respect to a post-office building that are trans- (3) RENT AND REPAIRS UNDER A LEASE.—The (g) OBTAINING PAYMENTS.—The Administrator ferred to the Administrator under this sub- Administrator may pay rent and make repairs, may— section only to another officer or employee of alterations, and improvements under the terms (1) obtain payments, through advances or oth- the General Services Administration or to the of a lease entered into by, or transferred to, the erwise, for services, space, quarters, mainte- Postmaster General. Administration for the housing of a federal nance, repair, or other facilities furnished, on a (3) EXCEPTION FOR BUILDINGS IN A FOREIGN agency. reimbursable basis, to a federal agency, a mixed- COUNTRY.—A transfer of functions shall not be (4) REPAIRS THAT ARE ECONOMICALLY ADVAN- ownership Government corporation (as defined made under this subsection for a building lo- TAGEOUS.—The Administrator may repair, alter, in chapter 91 of title 31), or the District of Co- cated in a foreign country. or improve rented premises if the Administrator lumbia; and (4) EXCEPTION FOR DEPARTMENT OF DEFENSE determines that doing so is advantageous to the (2) credit the payments to the applicable ap- BUILDINGS.—A transfer of functions shall not be Government in terms of economy, efficiency, or propriation of the Administration. made under this subsection for a building lo- national security. The Administrator’s deter- (h) COOPERATIVE USE OF PUBLIC BUILDINGS.— cated on the grounds of a facility of the Depart- mination must— (1) LEASING SPACE FOR COMMERCIAL AND ment of Defense (including a fort, camp, post, (A) set forth the circumstances that make the OTHER PURPOSES.—The Administrator may lease arsenal, navy yard, naval training station, air- repair, alteration, or improvement advan- space on a major pedestrian access level, court- field, proving ground, military supply depot, or tageous; and yard, or rooftop of a public building to a person, school) unless and only to the extent that the

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Secretary of Defense has issued a permit for use ernment and necessary for the accommodation (b) TELECOMMUTING CENTERS ESTABLISHED BY by another agency. of the federal agency. However, the lease agree- ADMINISTRATOR OF GENERAL SERVICES.— (5) EXCEPTION FOR GROUPS OF SPECIAL PUR- ment may not bind the Government for more (1) ESTABLISHMENT.—The Administrator of POSE BUILDINGS.—A transfer of functions shall than 20 years and the obligation of amounts for General Services may acquire space for, estab- not be made under this subsection for a building a lease under this subsection is limited to the lish, and equip telecommuting centers for use in that the Director finds to be a part of a group current fiscal year for which payments are due accordance with this subsection. of buildings that are— without regard to section 1341(a)(1)(B) of title (2) USE.—A telecommuting center may be used (A) located in the same vicinity; 31. by employees of federal agencies, state and local (B) used wholly or predominantly for the spe- (b) SUBLEASE.— governments, and the private sector. The Ad- cial purposes of the agency with custody of the (1) APPLICATION.—This subsection applies to ministrator shall give federal employees priority buildings; and rent received if the Administrator— in using a telecommuting center. The Adminis- (C) not generally suitable for use by another (A) determines that an unexpired portion of a trator may make a telecommuting center avail- agency. lease of space to the Government is surplus able for use by others to the extent it is not fully (6) EXCEPTION FOR CERTAIN GOVERNMENT property; and utilized by federal employees. BUILDINGS.—A transfer of functions shall not be (B) disposes of the property by sublease. (3) USER FEES.—The Administrator shall made under this subsection for the Treasury (2) USE OF RENT.—Notwithstanding section charge a user fee for the use of a telecommuting Building, the Bureau of Engraving and Printing 571(a) of this title, the Administrator may de- center. The amount of the user fee shall approx- Building, the buildings occupied by the Na- posit rent received into the Federal Buildings imate commercial charges for comparable space tional Institute of Standards and Technology, Fund. The Administrator may defray from the and services. However, the user fee may not be and the buildings under the jurisdiction of the fund any costs necessary to provide services to less than necessary to pay the cost of estab- regents of the Smithsonian Institution. the Government’s lessee and to pay the rent (not lishing and operating the telecommuting center, otherwise provided for) on the lease of the space § 583. Construction of buildings including the reasonable cost of renovation and to the Government. replacement of furniture, fixtures, and equip- (a) AUTHORITY.—At the request of a federal (c) AMOUNTS FOR RENT AVAILABLE FOR LEASE ment. agency, a mixed-ownership Government cor- OF BUILDINGS ON GOVERNMENT LAND.—Amounts (4) DEPOSIT AND USE OF FEES.—The Adminis- poration (as defined in chapter 91 of title 31), or made available to the General Services Adminis- trator may— the District of Columbia, the Administrator of tration for the payment of rent may be used to (A) deposit user fees into the Federal Build- General Services may— lease space, for a period of not more than 30 ings Fund and use the fees to pay costs incurred (1) acquire land for a building or project au- years, in buildings erected on land owned by the in establishing and operating the telecommuting thorized by Congress; Government. center; and (2) make or cause to be made (under contract (B) accept and retain income received by the or otherwise) surveys and test borings and pre- § 586. Charges for space and services General Services Administration, from federal pare plans and specifications for a building or (a) DEFINITION.—In this section, ‘‘space and agencies and non-federal sources, to defray project prior to the Attorney General’s approval services’’ means space, services, quarters, main- costs directly associated with the functions of of the title to the site; and tenance, repair, and other facilities. telecommuting centers. (3) contract for, and supervise, the construc- (b) CHARGES BY ADMINISTRATOR OF GENERAL (c) DEVELOPMENT OF ALTERNATIVE WORK- tion, development, and equipping of a building SERVICES.— PLACE ARRANGEMENTS BY EXECUTIVE AGENCIES or project. (1) IN GENERAL.—The Administrator of Gen- AND OTHERS.— (b) TRANSFER OF AMOUNTS.—An amount eral Services shall impose a charge for fur- (1) DEFINITION.—In this subsection, the term available to a federal agency or instrumentality nishing space and services. ‘‘alternative workplace arrangements’’ includes for a building or project may be transferred, in (2) RATES.—The Administrator shall, from telecommuting, hoteling, virtual offices, and advance, to the General Services Administration time to time, determine the rates to be charged other distributive work arrangements. for purposes the Administrator determines are for furnishing space and services and shall pre- (2) CONSIDERATION BY EXECUTIVE AGENCIES.— necessary, including payment of salaries and scribe regulations providing for the rates. The rates shall approximate commercial charges for In considering whether to acquire space, quar- expenses for preparing plans and specifications ters, buildings, or other facilities for use by em- and for field supervision. comparable space and services. However, for a building for which the Administrator is respon- ployees, the head of an executive agency shall § 584. Assignment and reassignment of space sible for alterations only (as the term ‘‘alter’’ is consider whether needs can be met using alter- (a) AUTHORITY.— defined in section 3301(a) of this title), the rates native workplace arrangements. (1) IN GENERAL.—Subject to paragraph (2), the shall be fixed to recover only the approximate (3) GUIDANCE FROM ADMINISTRATOR.—The Ad- Administrator of General Services may assign or cost incurred in providing alterations. ministrator may provide guidance, assistance, reassign space for an executive agency in any (3) EXEMPTIONS.—The Administrator may ex- and oversight to any person regarding the estab- Federal Government-owned or leased building. empt anyone from the charges required by this lishment and operation of alternative workplace (2) REQUIREMENTS.—The Administrator’s au- subsection when the Administrator determines arrangements. thority under paragraph (1) may be exercised that charges would be infeasible or impractical. (d) AMOUNTS AVAILABLE FOR FLEXIPLACE only— To the extent an exemption is granted, appro- WORK TELECOMMUTING PROGRAMS.— (A) in accordance with policies and directives priations to the General Services Administration (1) DEFINITION.—In this subsection, the term the President prescribes under section 121(a) of are authorized to reimburse the Federal Build- ‘‘flexiplace work telecommuting program’’ this title; ings Fund for any loss of revenue. means a program under which employees of a (B) after consultation with the head of the ex- (c) CHARGES BY EXECUTIVE AGENCIES.— department or agency set out in paragraph (2) ecutive agency affected; and (1) IN GENERAL.—An executive agency, other are permitted to perform all or a portion of their (C) on a determination by the Administrator than the Administration, may impose a charge duties at a telecommuting center established that the assignment or reassignment is advan- for furnishing space and services at rates ap- under this section or other federal law. tageous to the Government in terms of economy, proved by the Administrator. (2) MINIMUM FUNDING.—For each of the fol- efficiency, or national security. (2) CREDITING AMOUNTS RECEIVED.—An lowing departments and agencies, in each fiscal (b) PRIORITY FOR PUBLIC ACCESS.—In assign- amount an executive agency receives under this year at least $50,000 of amounts made available ing space on a major pedestrian access level subsection shall be credited to the appropriation for salaries and expenses is available only for (other than space leased under section 581(h)(1) or fund initially charged for providing the space carrying out a flexiplace work telecommuting or (2) of this title), the Administrator shall, or service. However, amounts in excess of actual program: where practicable, give priority to federal activi- operating and maintenance costs shall be cred- (A) Department of Agriculture. ties requiring regular contact with the public. If ited to miscellaneous receipts unless otherwise (B) Department of Commerce. the space is not available, the Administrator provided by law. (C) Department of Defense. shall provide space with maximum ease of access (d) RENT PAYMENTS FOR LEASE SPACE.—An (D) Department of Education. to building entrances. agency may make rent payments to the Admin- (E) Department of Energy. (F) Department of Health and Human Serv- § 585. Lease agreements istration for lease space relating to expansion needs of the agency. Payment rates shall ap- ices. (a) IN GENERAL.— proximate commercial charges for comparable (G) Department of Housing and Urban Devel- (1) AUTHORITY.—The Administrator of Gen- space as provided in subsection (b). Payments opment. eral Services may enter into a lease agreement (H) Department of the Interior. with a person, copartnership, corporation, or shall be deposited into the Federal Buildings Fund. The Administration may use amounts re- (I) Department of Justice. other public or private entity for the accommo- (J) Department of Labor. dation of a federal agency in a building (or im- ceived under this subsection, in addition to amounts received as New Obligational Author- (K) Department of State. provement) which is in existence or being erect- (L) Department of Transportation. ity, in the Rental of Space activity of the Fund. ed by the lessor to accommodate the federal (M) Department of the Treasury. agency. The Administrator may assign and reas- § 587. Telecommuting and other alternative (N) Department of Veterans Affairs. sign the leased space to a federal agency. workplace arrangements (O) Environmental Protection Agency. (2) TERMS.—A lease agreement under this sub- (a) DEFINITION.—In this section, the term (P) General Services Administration. section shall be on terms the Administrator con- ‘‘telecommuting centers’’ means flexiplace work (Q) Office of Personnel Management. siders to be in the interest of the Federal Gov- telecommuting centers. (R) Small Business Administration.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.021 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3331 (S) Social Security Administration. and maintenance, generally, are available to may reimburse a federal employee or any indi- (T) United States Postal Service. carry out this section. vidual employed to provide child care services § 588. Movement and supply of office furniture (e) LIABILITY.—This section does not increase for travel, transportation, and subsistence ex- or enlarge the tort liability of the Government penses incurred for training classes, con- (a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a substantial and for injuries to individuals or damages to prop- ferences, or other meetings in connection with identifiable segment of space (such as a build- erty. providing the services. A per diem allowance ing, floor, or wing) in a location that the Ad- § 590. Child care made under this subsection may not exceed the rate specified in regulations prescribed under ministrator of General Services controls for pur- (a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.— section 5707 of title 5. poses of assignment of space. Through the General Services Administration’s (f) CRIMINAL HISTORY BACKGROUND CHECKS.— (b) APPLICATION.—This section applies if an licensing agreements, the Administrator of Gen- (1) DEFINITION.—In this subsection, the term agency (or unit of the agency), moves from one eral Services shall provide guidance, assistance, ‘‘executive facility’’ means a facility owned or controlled space to another, whether in the and oversight to federal agencies for the devel- leased by an office or entity within the execu- same or a different location. opment of child care centers to provide economi- tive branch of the Government. The term in- (c) MOVING EXISTING FURNITURE.—The fur- cal and effective child care for federal workers. cludes a facility owned or leased by the General niture and furnishings used by an agency (or (b) ALLOTMENT OF SPACE IN FEDERAL BUILD- Services Administration on behalf of an office or organizational unit of the agency) shall be INGS.— entity within the judicial branch of the Govern- moved only if the Administrator determines, (1) DEFINITIONS.—In this subsection, the fol- ment. after consultation with the head of the agency lowing definitions apply: (2) IN GENERAL.—All workers in a child care and with due regard for the program activities (A) CHILD CARE PROVIDER.—The term ‘‘child center located in an executive facility shall un- of the agency, that it would not be more eco- care provider’’ means an individual or entity dergo a criminal history background check as nomical and efficient to make suitable replace- that provides or proposes to provide child care defined in section 231 of the Crime Control Act ments available in the new controlled space. services for federal employees. of 1990 (42 U.S.C. 13041). (d) PROVIDING REPLACEMENT FURNITURE.—In (B) ALLOTMENT OFFICER.—The term ‘‘allot- (3) NONAPPLICATION TO LEGISLATIVE BRANCH the absence of a determination under subsection ment officer’’ means an officer or agency of the FACILITIES.—This subsection does not apply to a (c), suitable furniture and furnishings for the Federal Government charged with the allotment facility owned by or leased on behalf of an of- new controlled space shall be provided from of space in federal buildings. fice or entity within the legislative branch of the stocks under the control of the moving agency (2) ALLOTMENT.—A child care provider may be Government. or from stocks available to the Administrator, allotted space in a federal building by an allot- (g) APPROPRIATED AMOUNTS FOR AFFORDABLE whichever the Administrator determines to be ment officer if— CHILD CARE.— more economical and efficient. However, the (A) the child care provider applies to the allot- (1) DEFINITION.—For purposes of this sub- same or similar items may not be provided from ment officer in the community or district in section, the term ‘‘Executive agency’’ has the both sources. which child care services are to be provided; meaning given that term in section 105 of title 5, (e) CONTROL OF REPLACEMENT FURNITURE.—If (B) the space is available; and but does not include the General Accounting Of- furniture and furnishings for a new controlled (C) the allotment officer determines that— fice. space are provided from stocks available to the (i) the space will be used to provide child care (2) IN GENERAL.—In accordance with regula- Administrator, the items being provided remain services to children of whom at least 50 percent tions the Office of Personnel Management pre- in the control of the Administrator. have one parent or guardian employed by the scribes, an Executive agency that provides or (f) CONTROL OF FURNITURE NOT MOVED.— Government; and proposes to provide child care services for fed- (1) IN GENERAL.—If furniture and furnishings (ii) the child care provider will give priority to eral employees may use appropriated amounts for a new controlled space are provided from federal employees for available child care serv- that are otherwise available for salaries and ex- stocks available to the Administrator, the fur- ices in the space. penses to provide child care in a federal or niture and furnishings that were previously (c) PAYMENT FOR SPACE AND SERVICES.— leased facility, or through contract, for civilian used by the moving agency (or unit of the agen- (1) DEFINITION.—For purposes of this sub- employees of the agency. cy) pass to the control of the Administrator. section, the term ‘‘services’’ includes the pro- (3) AFFORDABILITY.—Amounts used pursuant (2) REIMBURSEMENT.— viding of lighting, heating, cooling, electricity, to paragraph (2) shall be applied to improve the (A) IN GENERAL.—Furniture and furnishings office furniture, office machines and equipment, affordability of child care for lower income fed- passing to the control of the Administrator classroom furnishings and equipment, kitchen eral employees using or seeking to use the child under this section pass without reimbursement. appliances, playground equipment, telephone care services. (B) EXCEPTION FOR TRUST FUND.—If furniture service (including installation of lines and (4) ADVANCES.—Notwithstanding section 3324 and furnishings that were purchased from a equipment and other expenses associated with of title 31, amounts may be paid in advance to trust fund pass to the control of the Adminis- telephone services), and security systems (in- licensed or regulated child care providers for trator under this section, the Administrator cluding installation and other expenses associ- services to be rendered during an agreed period. shall reimburse the trust fund for the fair mar- ated with security systems), including replace- (5) NOTIFICATION.—No amounts made avail- ket value of the furniture and furnishings. ment equipment, as needed. able by law may be used to implement this sub- (3) REVOLVING OR WORKING CAPITAL FUND.—If (2) NO CHARGE.—Space allotted under subsection without advance notice to the Commit- furniture and furnishings are carried as assets section (b) may be provided without charge for tees on Appropriations of the House of Rep- of a revolving or working capital fund at the rent or services. resentatives and the Senate. time they pass to the control of the Adminis- (3) REIMBURSEMENT FOR COSTS.—For space al- § 591. Purchase of electricity trator under this section, the net book value of lotted under subsection (b), if there is an agree- (a) GENERAL LIMITATION ON USE OF the furniture and furnishings shall be written ment for the payment of costs associated with AMOUNTS.—A department, agency, or instru- off and the capital of the fund is diminished by providing space or services, neither title 31, nor the amount of the write-off. mentality of the Federal Government may not any other law, prohibits or restricts payment by use amounts appropriated or made available by § 589. Installation, repair, and replacement of reimbursement to the miscellaneous receipts or any law to purchase electricity in a manner in- sidewalks other appropriate account of the Treasury. consistent with state law governing the provi- (a) IN GENERAL.—An executive agency may (d) PAYMENT OF OTHER COSTS.—If an agency sion of electric utility service, including— install, repair, and replace sidewalks around has a child care facility in its space, or is a (1) state utility commission rulings; and buildings, installations, property, or grounds sponsoring agency for a child care facility in (2) electric utility franchises or service terri- that are— other federal or leased space, the agency or the tories established under state statute, state regu- (1) under the agency’s control; Administration may— lation, or state-approved territorial agreements. (2) owned by the Federal Government; and (1) pay accreditation fees, including renewal (b) EXCEPTIONS.— (3) located in a State, the District of Colum- fees, for the child care facility to be accredited (1) ENERGY SAVINGS.—This section does not bia, Puerto Rico, or a territory or possession of by a nationally recognized early-childhood pro- preclude the head of a federal agency from en- the United States. fessional organization; tering into a contract under section 801 of the (b) REIMBURSEMENT.—Subsection (a) may be (2) pay travel and per diem expenses for rep- National Energy Conservation Policy Act (42 carried out by— resentatives of the child care facility to attend U.S.C. 8287). (1) reimbursement to a State or political sub- the annual Administration child care con- (2) ENERGY SAVINGS FOR MILITARY INSTALLA- division of a State, the District of Columbia, ference; and TIONS.—This section does not preclude the Sec- Puerto Rico, or a territory or possession of the (3) enter into a consortium with one or more retary of a military department from— United States; or private entities under which the private entities (A) entering into a contract under section 2394 (2) a means other than reimbursement. assist in defraying costs associated with the sal- of title 10; or (c) REGULATIONS.—Subsection (a) shall be car- aries and benefits for personnel providing serv- (B) purchasing electricity from any provider if ried out in accordance with regulations the Ad- ices at the facility. the Secretary finds that the utility having the ministrator of General Services prescribes with (e) REIMBURSEMENT FOR EMPLOYEE TRAIN- applicable state-approved franchise (or other the approval of the Director of the Office of ING.—Notwithstanding section 1345 of title 31, service authorization) is unwilling or unable to Management and Budget. an agency, department, or instrumentality of meet unusual standards of service reliability (d) USE OF AMOUNTS.—Amounts appropriated the Government that provides or proposes to that are necessary for purposes of national de- to an executive agency for installation, repair, provide child care services for federal employees fense.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.022 pfrm01 PsN: H11PT1 H3332 CONGRESSIONAL RECORD — HOUSE June 11, 2002 § 592. Federal Buildings Fund to amounts appropriated for energy manage- (2) to provide for proper identification of Gov- (a) EXISTENCE.—There is in the Treasury a ment improvement programs and without regard ernment motor vehicles; fund known as the Federal Buildings Fund. to subsection (c)(1), the Administrator may obli- (3) to establish an effective means to limit the (b) DEPOSITS.— gate for those programs— use of Government motor vehicles to official pur- (1) IN GENERAL.—The following revenues and (A) amounts received and deposited in the poses; collections shall be deposited into the Fund: Fund under paragraph (1); (4) to reduce the number of Government- (A) User charges under section 586(b) of this (B) goods and services received under para- owned vehicles to the minimum necessary to title, payable in advance or otherwise. graph (2); and transact public business; and (B) Proceeds from the lease of federal building (C) amounts the Administrator determines are (5) to provide wherever practicable for cen- sites or additions under section 581(d) of this not needed for other authorized projects and trally operated interagency pools or systems for title. that are otherwise available to implement en- local transportation of Government personnel (C) Receipts from carriers and others for loss ergy efficiency programs. and property. of, or damage to, property belonging to the (e) RECYCLING PROGRAMS.— § 602. Authority to establish motor vehicle Fund. (1) RECEIVING AMOUNTS.—The Administrator pools and transportation systems (2) REIMBURSEMENTS FOR SPECIAL SERVICES.— may receive amounts from the sale of recycled N GENERAL.—Subject to section 603 of this This subchapter does not preclude the Adminis- materials and shall deposit the amounts in the (a) I title, and regulations issued under section 603, trator of General Services from providing special Fund for use as provided in paragraph (2). the Administrator of General Services shall— services, not included in the standard level user (2) OBLIGATING AMOUNTS FOR RECYCLING PRO- (1) take over from executive agencies and con- charge, on a reimbursable basis. The reimburse- GRAMS.—In addition to amounts appropriated ments may be credited to the Fund. for such purposes and without regard to sub- solidate, or otherwise acquire, motor vehicles (3) TRANSFER OF SURPLUS AMOUNTS.—To pre- section (c)(1), the Administrator may obligate and related equipment and supplies; vent the accumulation of excessive surpluses in amounts received and deposited in the Fund (2) provide for the establishment, mainte- the Fund, in any fiscal year an amount speci- under paragraph (1) for programs which— nance, and operation (including servicing and fied in an appropriation law may be transferred (A) promote further source reduction and re- storage) of motor vehicle pools or systems; and out of the Fund and deposited as miscellaneous cycling programs; and (3) furnish motor vehicles and related services receipts in the Treasury. (B) encourage employees to participate in re- to executive agencies for the transportation of (c) USES.— cycling programs by providing financing for property and passengers. (1) IN GENERAL.—Deposits in the Fund are child care. (b) METHODS OF PROVIDING VEHICLES AND SERVICES.—As determined by the Administrator, available for real property management and re- (f) ADDITIONAL AUTHORITY RELATED TO EN- motor vehicles and related services may be fur- lated activities in the amounts specified in an- ERGY MANAGEMENT AND RECYCLING PRO- nished by providing an agency with— nual appropriation laws without regard to fiscal GRAMS.—The Fund may receive, in the form of year limitations. rebates, cash incentives or otherwise, any reve- (1) Federal Government-owned motor vehicles; (2) SALARIES AND EXPENSES RELATED TO CON- nues, collections, or other income related to en- (2) the use of motor vehicles, under rental or STRUCTION PROJECTS OR PLANNING PROGRAMS.— ergy savings or recycling efforts. Amounts re- other arrangements, through private fleet opera- Deposits in the Fund that are available pursu- ceived under this subsection remain in the Fund tors, taxicab companies, or local or interstate ant to annual appropriation laws may be trans- until expended and remain available for federal common carriers; or ferred and consolidated on the books of the energy management improvement programs, re- (3) both. Treasury into a special account in accordance cycling programs, or employee programs that are (c) RECIPIENTS OF VEHICLES AND SERVICES.— with, and for the purposes specified in, section authorized by law or that the Administrator The Administrator shall, so far as practicable, 3176 of this title. considers appropriate. The Administration may furnish motor vehicles and related services (3) REPAYMENT OF GENERAL SERVICES ADMINIS- use amounts received under this subsection, in under this section to any federal agency, mixed- TRATION BORROWING FROM FEDERAL FINANCING addition to amounts received as New ownership Government corporation (as defined BANK.—The Administrator, in accordance with Obligational Authority, in activities of the Fund in chapter 91 of title 31), or the District of Co- rules and procedures that the Office of Manage- as necessary. lumbia, on its request. ment and Budget and the Secretary of the § 593. Protection for veterans preference em- § 603. Process for establishing motor vehicle Treasury establish, may transfer from the Fund pools and transportation systems an amount necessary to repay the principal ployees (a) DETERMINATION REQUIREMENT.— amount of a General Services Administration (a) DEFINITIONS.—In this section, the fol- (1) IN GENERAL.—The Administrator of Gen- borrowing from the Federal Financing Bank, if lowing definitions apply: eral Services may carry out section 602 only if the borrowing is a legal obligation of the Fund. (1) COVERED SERVICES.—The term ‘‘covered the Administrator determines, after consultation (4) BUILDINGS DEEMED FEDERALLY OWNED.— services’’ means any guard, elevator operator, For purposes of amounts authorized to be ex- messenger, or custodial services. with the agencies concerned and with due re- pended from the Fund, the following are deemed (2) SHELTERED WORKSHOP.—The term ‘‘shel- gard to their program activities, that doing so is to be federally owned buildings: tered workshop’’ means a sheltered workshop advantageous to the Federal Government in (A) A building constructed pursuant to the employing the severely handicapped under the terms of economy, efficiency, or service. purchase contract authority of section 5 of the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.). (2) ELEMENTS OF THE DETERMINATION.—A de- Public Buildings Amendments of 1972 (Public (b) IN GENERAL.—Except as provided in sub- termination under this section must be in writ- Law 92–313, 86 Stat. 219). section (c), amounts made available to the Ad- ing. For each motor vehicle pool or system, the (B) A building occupied pursuant to an in- ministration pursuant to section 592 of this title determination must set forth an analytical jus- stallment purchase contract. may not be obligated or expended to procure tification that includes— (C) A building under the control of a depart- covered services by contract if an employee who (A) a detailed comparison of estimated costs ment or agency, if alterations of the building was a permanent veterans preference employee for present and proposed modes of operation; are required in connection with moving the de- of the Administration on November 19, 1995, and partment or agency from a former building that would be terminated as a result. (B) a showing that savings can be realized by is, or will be, under the control of the Adminis- (c) EXCEPTION.—Amounts made available to the establishment, maintenance, and operation tration. the Administration pursuant to section 592 of of a motor vehicle pool or system. (d) ENERGY MANAGEMENT PROGRAMS.— this title may be obligated and expended to pro- (b) REGULATIONS RELATED TO ESTABLISH- (1) RECEIVING CASH INCENTIVES.—The Admin- cure covered services by contract with a shel- MENT.— istrator may receive amounts from rebates or tered workshop or, if sheltered workshops de- (1) IN GENERAL.—The President shall prescribe other cash incentives related to energy savings cline to contract for the provision of covered regulations establishing procedures to carry out and shall deposit the amounts in the Fund for services, by competitive contract for a period of section 602 of this title. use as provided in paragraph (4). no longer than 5 years. When a competitive con- (2) ELEMENTS OF THE REGULATIONS.—The reg- (2) RECEIVING GOODS OR SERVICES.—The Ad- tract expires, or is terminated for any reason, ulations shall provide for— ministrator may accept, from a utility, goods or the Administration shall again offer to procure (A) adequate notice to an executive agency of services that enhance the energy efficiency of the covered services by contract with a sheltered any determination that affects the agency or its federal facilities. workshop before procuring the covered services functions; (3) ASSIGNMENT OF ENERGY REBATES.—In the by competitive contract. (B) independent review and decision as di- administration of real property that the Admin- rected by the President of any determination SUBCHAPTER VI—MOTOR VEHICLE POOLS istrator leases and for which the Administrator disputed by an agency, with the possibility that AND TRANSPORTATION SYSTEMS pays utility costs, the Administrator may assign the decision may include a partial or complete all or a portion of energy rebates to the lessor to § 601. Purposes exemption of the agency from the determination; underwrite the costs incurred in undertaking In order to provide an economical and effi- and energy efficiency improvements in the real prop- cient system for transportation of Federal Gov- (C) enforcement of determinations that become erty if the payback period for the improvement ernment personnel and property consistent with effective under the regulations. is at least 2 years less than the remainder of the section 101 of this title, the purposes of this sub- (3) EFFECT OF THE REGULATIONS.—A deter- term of the lease. chapter are— mination under subsection (a) is binding on an (4) OBLIGATING AMOUNTS FOR ENERGY MAN- (1) to establish procedures to ensure safe oper- agency only as provided in regulations issued AGEMENT IMPROVEMENT PROGRAMS.—In addition ation of motor vehicles on Government business; under this subsection.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.022 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3333 § 604. Treatment of assets taken over to estab- (1) periodically testing the physical fitness of chapter. The policies must be consistent with lish motor vehicle pools and transportation operators and prospective operators; and this chapter. systems (2) suspension and revocation of authority to (b) EXECUTIVE AGENCY RESPONSIBILITY.— (a) REIMBURSEMENT.— operate. (1) IN GENERAL.—The head of an executive (1) REQUIREMENT.—When the Administrator § 607. Records agency that has foreign excess property is responsible for the disposal of the property. of General Services takes over motor vehicles or The Administrator of General Services shall related equipment or supplies under section 602 (2) CONFORMANCE TO POLICIES.—In carrying maintain an accurate record of the cost of estab- out functions under this chapter, the head of an of this title, reimbursement is required if the lishing, maintaining, and operating each motor property is taken over from— executive agency shall— vehicle pool or system established under section (A) use the policies prescribed by the Presi- (A) a Government corporation; or 602 of this title. (B) an agency, if the agency acquired the dent under subsection (a) for guidance; and property through unreimbursed expenditures § 608. Scrip, tokens, tickets (B) dispose of foreign excess property in a made from a revolving or trust fund authorized The Administrator of General Services, in the manner that conforms to the foreign policy of by law. operation of motor vehicle pools or systems the United States. (2) AMOUNT.—The Administrator shall reim- under this subchapter, may provide for the sale (3) DELEGATION OF AUTHORITY.—The head of burse a Government corporation, or a fund and use of scrip, tokens, tickets, and similar dean executive agency may— through which an agency acquired property, by vices to collect payment. (A) delegate authority conferred by this chapter to an official in the agency or to the head of an amount equal to the fair market value of the § 609. Identification of vehicles property. If the Administrator subsequently re- another executive agency; and (a) IN GENERAL.—Under regulations pre- turns property of a similar kind under section (B) authorize successive redelegation of au- scribed by the Administrator of General Serv- 610 of this title, the Government corporation or thority conferred by this chapter. ices, every motor vehicle acquired and used for the fund shall reimburse the Administrator by (4) EMPLOYMENT OF PERSONNEL.—As nec- official purposes within the United States, or an amount equal to the fair market value of the essary to carry out this chapter, the head of an the territories or possessions of the United property returned. executive agency may— States, by any federal agency or by the District (b) ADDITION TO GENERAL SUPPLY FUND.—If (A) appoint and fix the pay of personnel in of Columbia shall be conspicuously identified by the Administrator takes over motor vehicles or the United States, subject to chapters 33 and 51 showing, on the vehicle— related equipment or supplies under section 602 and subchapter III of chapter 53 of title 5; and (1)(A) the full name of the department, estab- of this title but reimbursement is not required (B) appoint personnel outside the States of the lishment, corporation, or agency that uses the under subsection (a), the value of the property United States and the District of Columbia, vehicle and the service for which the vehicle is taken over, as determined by the Administrator, without regard to chapter 33 of title 5. used; or may be added to the capital of the General Sup- (c) SPECIAL RESPONSIBILITIES OF SECRETARY (B) a title that readily identifies the depart- ply Fund. If the Administrator subsequently re- OF STATE.— ment, establishment, corporation, or agency that turns property of a similar kind under section (1) USE OF FOREIGN CURRENCIES AND CRED- uses the vehicle and that is descriptive of the 610 of this title, the value of the property may ITS.—The Secretary of State may use foreign service for which the vehicle is used; and be deducted from the Fund. currencies and credits acquired by the United (2) the legend ‘‘For official use only’’. States under section 704(b)(2) of this title— § 605. Payment of costs (b) EXCEPTIONS.—The regulations prescribed (A) to carry out the Mutual Educational and (a) USE OF GENERAL SUPPLY FUND TO COVER pursuant to this section may provide for exemp- Cultural Exchange Act of 1961 (22 U.S.C. 2451 et COSTS.—The General Supply Fund provided for tions when conspicuous identification would seq.); in section 321 of this title is available for use by interfere with the purpose for which a vehicle is (B) to carry out the Foreign Service Buildings or under the direction and control of the Admin- acquired and used. Act, 1926 (22 U.S.C. 292 et seq.); and istrator of General Services to pay the costs of § 610. Discontinuance of motor vehicle pool or (C) to pay other governmental expenses pay- carrying out section 602 of this title, including system able in local currencies. the cost of purchasing or renting motor vehicles (2) RENEWAL OF CERTAIN AGREEMENTS.—Ex- (a) IN GENERAL.—The Administrator of Gen- and related equipment and supplies. cept as otherwise directed by the President, the eral Services shall discontinue a motor vehicle (b) SETTING PRICES TO RECOVER COSTS.— Secretary of State shall continue to perform pool or system if there are no actual savings re- (1) IN GENERAL.—The Administrator shall set functions under agreements in effect on July 1, alized (based on accounting as provided in sec- prices for furnishing motor vehicles and related 1949, related to the disposal of foreign excess tion 605 of this title) during a reasonable period services under section 602 of this title. Prices property. The Secretary of State may amend, of not longer than two successive fiscal years. shall be set to recover, so far as practicable, all modify, and renew the agreements. Foreign cur- (b) RETURN OF COMPARABLE PROPERTY.—If a costs of carrying out section 602 of this title. rencies or credits the Secretary of State acquires (2) INCREMENT FOR REPLACEMENT COST.—In motor vehicle pool or system is discontinued, the Administrator shall return to each agency in- under the agreements shall be administered in the Administrator’s discretion, prices may in- accordance with procedures that the Secretary clude an increment for the estimated replace- volved motor vehicles and related equipment and supplies similar in kind and reasonably of the Treasury may establish. Foreign cur- ment cost of motor vehicles and related equip- rencies or credits reduced to United States cur- ment and supplies. Notwithstanding section comparable in value to any motor vehicles and related equipment and supplies which were pre- rency must be deposited in the Treasury as mis- 321(f)(1) of this title, the increment may be re- cellaneous receipts. tained as a part of the capital of the General viously taken over by the Administrator. Supply Fund but is available only to replace § 611. Duty to report violations § 702. Return of foreign excess property to United States motor vehicles and related equipment and sup- During the regular course of the duties of the (a) IN GENERAL.—Under regulations pre- plies. Administrator of General Services, if the Admin- scribed pursuant to subsection (b), foreign ex- (c) ACCOUNTING METHOD.—The purchase price istrator becomes aware of a violation of section cess property may be returned to the United of motor vehicles and related equipment, and 1343, 1344, or 1349(b) of title 31 or of section 641 States for handling as excess or surplus property any increment for estimated replacement cost, of title 18 involving the conversion by a Federal under subchapter II of chapter 5 of this title or shall be recovered only through charges for the Government official or employee of a Govern- section 549 or 551 of this title when the head of cost of amortization. Costs shall be determined, ment-owned or leased motor vehicle to the offi- the executive agency concerned, or the Adminis- and financial reports prepared, in accordance cial or employee’s own use or to the use of oth- trator of General Services after consultation with the accrual accounting method. ers, the Administrator shall report the violation with the agency head, determines that return of § 606. Regulations related to operation to the head of the agency in which the official the property to the United States for such han- (a) IN GENERAL.—The Director of the Office of or employee is employed, for further investiga- dling is in the interest of the United States. Personnel Management shall prescribe regulation and either appropriate disciplinary action (b) REGULATIONS.—The Administrator shall tions to govern executive agencies in author- under section 1343, 1344, or 1349(b) or, if appro- prescribe regulations to carry out this section. izing civilian personnel to operate Federal Gov- priate, referral to the Attorney General for pros- The regulations must require that transpor- ernment-owned motor vehicles for official pur- ecution under section 641. tation costs for returning foreign excess prop- poses within the States of the United States, the CHAPTER 7—FOREIGN EXCESS PROPERTY erty to the United States are paid by the federal District of Columbia, Puerto Rico, and the terri- Sec. agency, state agency, or donee receiving the tories and possessions of the United States. 701. Administrative. property. (b) ELEMENTS OF THE REGULATIONS.—The reg- 702. Return of foreign excess property to ulations shall prescribe standards of physical § 703. Donation of medical supplies for use in United States. fitness for authorized operators. The regulations foreign country 703. Donation of medical supplies for use in may require operators and prospective operators (a) APPLICATION.—This section applies to foreign country. to obtain state and local licenses or permits that medical materials or supplies that are in a for- 704. Other methods of disposal. are required to operate similar vehicles for other eign country but that would, if situated within 705. Handling of proceeds from disposal. than official purposes. the United States, be available for donation (c) AGENCY ORDERS.—The head of each execu- § 701. Administrative under subchapter III of chapter 5 of this title. tive agency shall issue orders and directives nec- (a) POLICIES PRESCRIBED BY THE PRESIDENT.— (b) IN GENERAL.—An executive agency may essary for compliance with the regulations. The The President may prescribe policies that the donate medical materials or supplies that are orders and directives shall provide for— President considers necessary to carry out this not disposed of under section 702 of this title.

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(c) CONDITIONS.—A donation under this sec- graph (1) may withdraw amounts to be refunded in accordance with local comprehensive plan- tion is subject to the following conditions: or paid from the account without regard to the ning described in subsection (c). (1) The medical materials and supplies must be origin of the amounts withdrawn. (b) NOTICE TO PROSPECTIVE PURCHASERS.—To donated for use in a foreign country. CHAPTER 9—URBAN LAND USE the greatest extent practicable, the Adminis- (2) The donation must be made to a nonprofit trator shall furnish to all prospective purchasers Sec. medical or health organization, which may be of real property situated in an urban area com- 901. Purpose and policy. an organization qualified to receive assistance plete information concerning— 902. Definitions. under section 214(b) or 607 of the Foreign Assist- (1) current zoning regulations, prospective 903. Acquisition and use. ance Act of 1961 (22 U.S.C. 2174(b), 2357). zoning requirements, and objectives for property 904. Disposal. (3) The donation must be made without cost to if it is unzoned; and 905. Waiver. the donee (except for costs of care and han- (2)(A) the current availability of streets, side- dling). § 901. Purpose and policy walks, sewers, water, street lights, and other service facilities; and § 704. Other methods of disposal The purpose of this chapter is to promote har- monious intergovernmental relations and en- (B) the prospective availability of those serv- (a) IN GENERAL.—Foreign excess property not courage sound planning, zoning, and land use ice facilities if the property is included in local disposed of under section 702 or 703 of this title comprehensive planning described in subsection may be disposed of as provided in this section. practices by prescribing uniform policies and procedures for the Administrator of General (c). (b) METHODS OF DISPOSAL.— (c) LOCAL COMPREHENSIVE PLANNING.—Local (1) SALE, EXCHANGE, LEASE, OR TRANSFER.— Services to acquire, use, and dispose of land in urban areas. To the greatest extent practicable, comprehensive planning referred to in sub- The head of an executive agency may dispose of sections (a) and (b) includes any of the fol- foreign excess property by sale, exchange, lease, urban land transactions entered into for the General Services Administration and other fed- lowing activities, to the extent the activity is di- or transfer, for cash, credit or other property, rectly related to the needs of a unit of general with or without warranty, under terms and con- eral agencies shall be consistent with zoning and land use practices and with the planning local government: ditions the head of the executive agency con- (1) As a guide for government policy and ac- and development objectives of local governments siders proper. tion, preparing general plans related to— (2) EXCHANGE FOR FOREIGN CURRENCY OR and planning agencies. (A) the pattern and intensity of land use; CREDIT.—If the head of an executive agency de- § 902. Definitions (B) the provision of public facilities (including termines that it is in the interest of the United In this chapter, the following definitions transportation facilities) and other government States, foreign excess property may be ex- apply: services; and changed for— (1) UNIT OF GENERAL LOCAL GOVERNMENT.— (C) the effective development and use of (A) foreign currencies or credits; or The term ‘‘unit of general local government’’ human and natural resources. (B) substantial benefits or the discharge of means a city, county, town, parish, village, or (2) Preparing long-range physical and fiscal claims resulting from the compromise or settle- other general-purpose political subdivision of a plans for government action. ment of claims in accordance with law. State. (3) Programming capital improvements and other major expenditures, based on a determina- (3) ABANDONMENT, DESTRUCTION, OR DONA- (2) URBAN AREA.—The term ‘‘urban area’’ TION.—The head of an executive agency may means— tion of relative urgency, together with definitive authorize the abandonment, destruction, or do- (A) a geographical area within the jurisdic- financial planning for expenditures in the ear- nation of foreign excess property if the property tion of an incorporated city, town, borough, vil- lier years of a program. (4) Coordinating related plans and activities has no commercial value or if estimated costs of lage, or other unit of general local government, care and handling exceed the estimated proceeds of state and local governments and agencies. except a county or parish, having a population (5) Preparing regulatory and administrative from sale. of at least 10,000 inhabitants; (c) ADVERTISING.—The head of an executive measures to support activities described in this (B) that portion of the geographical area subsection. agency may dispose of foreign excess property within the jurisdiction of a county, town, town- without advertising if the head of the executive ship, or similar governmental entity which con- § 905. Waiver agency finds that disposal without advertising tains no incorporated unit of general local gov- The procedures prescribed in sections 903 and is the most practicable and advantageous means ernment but has a population density of at least 904 of this title may be waived during a period for the Federal Government to dispose of the 1,500 inhabitants per square mile; and of national emergency proclaimed by the Presi- property. (C) that portion of a geographical area having dent. (d) TRANSFER OF TITLE.—The head of an exec- a population density of at least 1,500 inhab- CHAPTER 11—SELECTION OF ARCHITECTS utive agency may execute documents to transfer itants per square mile and situated adjacent to AND ENGINEERS title or other interests in, and take other action the boundary of an incorporated unit of general Sec. necessary or proper to dispose of, foreign excess local government which has a population of at 1101. Policy. property. least 10,000. 1102. Definitions. 1103. Selection procedure. § 705. Handling of proceeds from disposal § 903. Acquisition and use 1104. Negotiation of contract. (a) IN GENERAL.—This section applies to pro- (a) NOTICE TO LOCAL GOVERNMENT.—To the § 1101. Policy ceeds from the sale, lease, or other disposition of extent practicable, before making a commitment foreign excess property under this chapter. to acquire real property situated in an urban The policy of the Federal Government is to (b) FOREIGN CURRENCIES OR CREDITS.—Pro- area, the Administrator of General Services publicly announce all requirements for architec- ceeds in the form of foreign currencies or cred- shall give notice of the intended acquisition and tural and engineering services and to negotiate its, must be administered in accordance with the proposed use of the property to the unit of contracts for architectural and engineering serv- procedures that the Secretary of the Treasury general local government exercising zoning and ices on the basis of demonstrated competence may establish. land use jurisdiction. If the Administrator deter- and qualification for the type of professional (c) UNITED STATES CURRENCY.— mines that providing advance notice would ad- services required and at fair and reasonable (1) SEPARATE FUND IN TREASURY.—Section versely impact the acquisition, the Adminis- prices. 572(a) of this title applies to proceeds of foreign trator shall give notice of the acquisition and § 1102. Definitions excess property disposed of for United States the proposed use of the property immediately In this chapter, the following definitions currency under this chapter. after the property is acquired. apply: (2) DEPOSITED IN TREASURY AS MISCELLANEOUS (b) OBJECTIONS TO ACQUISITION OR CHANGE OF (1) AGENCY HEAD.—The term ‘‘agency head’’ RECEIPTS.—Except as provided in paragraph (1), USE.—In the acquisition or change of use of real means the head of a department, agency, or bu- proceeds in the form of United States currency, property situated in an urban area as a site for reau of the Federal Government. including foreign currencies or credits that are public building, if the unit of general local gov- (2) ARCHITECTURAL AND ENGINEERING SERV- reduced to United States currency, must be de- ernment exercising zoning and land use jurisdic- ICES.—The term ‘‘architectural and engineering posited in the Treasury as miscellaneous re- tion objects on grounds that the proposed acqui- services’’ means— ceipts. sition or change of use conflicts with zoning (A) professional services of an architectural or (d) SPECIAL ACCOUNT FOR REFUNDS OR PAY- regulations or planning objectives, the Adminis- engineering nature, as defined by state law, if MENTS FOR BREACH.— trator shall, to the extent the Administrator de- applicable, that are required to be performed or (1) DEPOSITS.—A federal agency that disposes termines is practicable, consider all the objec- approved by a person licensed, registered, or of foreign excess property under this chapter tions and comply with the zoning regulations certified to provide the services described in this may deposit, in a special account in the Treas- and planning objectives. paragraph; ury, amounts of the proceeds of the dispositions (B) professional services of an architectural or that the agency decides are necessary to § 904. Disposal engineering nature performed by contract that permit— (a) NOTICE TO LOCAL GOVERNMENT.—Before are associated with research, planning, develop- (A) appropriate refunds to purchasers for dis- offering real property situated in an urban area ment, design, construction, alteration, or repair positions that are rescinded or that do not be- for sale, the Administrator of General Services of real property; and come final; and shall give reasonable notice to the unit of gen- (C) other professional services of an architec- (B) payments for breach of warranty. eral local government exercising zoning and tural or engineering nature, or incidental serv- (2) WITHDRAWALS.—A federal agency that de- land use jurisdiction in order to provide an op- ices, which members of the architectural and en- posits proceeds in a special account under para- portunity for zoning so that the property is used gineering professions (and individuals in their

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.023 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3335 employ) may logically or justifiably perform, in- § 1301. Charge of property transferred to the retary that the building is not an historic build- cluding studies, investigations, surveying and Federal Government ing of national significance within the meaning mapping, tests, evaluations, consultations, com- (a) IN GENERAL.—Except as provided in sub- of the Act of August 21, 1935 (16 U.S.C. 461 et prehensive planning, program management, section (b), the Administrator of General Serv- seq.) (known as the Historic Sites, Buildings, conceptual designs, plans and specifications, ices shall have charge of— and Antiquities Act). If the Secretary does not value engineering, construction phase services, (1) all land and other property which has notify the Administrator of the Secretary’s deci- soils engineering, drawing reviews, preparation been or may be assigned, set off, or conveyed to sion as to whether the building is an historic of operating and maintenance manuals, and the Federal Government in payment of debts; building of national significance within 90 days other related services. (2) all trusts created for the use of the Govern- of the receipt of the notice of intention to demol- (3) FIRM.—The term ‘‘firm’’ means an indi- ment in payment of debts due the Government; ish the building, the Administrator may proceed vidual, firm, partnership, corporation, associa- and to demolish the building. tion, or other legal entity permitted by law to (3) the sale and disposal of land— (d) REPAIRS AND ALTERATIONS TO ASSIGNED practice the profession of architecture or engi- (A) assigned or set off to the Government in REAL PROPERTY.—When the Administrator, neering. payment of debt; or after investigation, decides that real property § 1103. Selection procedure (B) vested in the Government by mortgage or referred to in subsection (b) should be used for the accommodation of a federal agency, the Ad- (a) IN GENERAL.—These procedures apply to other security for the payment of debts. (b) NONAPPLICATION.—This section does not ministrator may make any repairs or alterations the procurement of architectural and engineer- that the Administrator considers necessary or ing services by an agency head. apply to— (1) real estate which has been or shall be as- advisable and may maintain and operate the (b) ANNUAL STATEMENTS.—The agency head property. shall encourage firms to submit annually a signed, set off, or conveyed to the Government in payment of debts arising under the Internal (e) PAYMENT BY FEDERAL AGENCIES.— statement of qualifications and performance (1) ASSIGNED REAL PROPERTY.—To the extent data. Revenue Code of 1986 (26 U.S.C. 1 et seq.); or (2) trusts created for the use of the Govern- that the appropriations of the General Services (c) EVALUATION.—For each proposed project, ment in payment of debts arising under the Administration not otherwise allocated are in- the agency head shall evaluate current state- Code and due the Government. adequate for repairs, alterations, maintenance, ments of qualifications and performance data on or operation, the Administrator may require file with the agency, together with statements § 1302. Lease of buildings each federal agency to which space has been as- submitted by other firms regarding the proposed Except as otherwise specifically provided by signed to pay promptly by check to the Adminis- project. The agency head shall conduct discus- law, the leasing of buildings and property of the trator out of its appropriation for rent any part sions with at least 3 firms to consider antici- Federal Government shall be for a money con- of the estimated or actual cost of the repairs, al- pated concepts and compare alternative methods sideration only. The lease may not include any terations, maintenance, and operation. Payment for furnishing services. provision for the alteration, repair, or improve- may be either in advance of, or on or during, oc- (d) SELECTION.—From the firms with which ment of the buildings or property as a part of cupancy of the space. The Administrator shall discussions have been conducted, the agency the consideration for the rent to be paid for the determine and equitably apportion the total head shall select, in order of preference, at least use and occupation of the buildings or property. amount to be paid among the agencies to whom 3 firms that the agency head considers most Money derived from the rent shall be deposited space has been assigned. highly qualified to provide the services required. in the Treasury as miscellaneous receipts. (2) LEASED SPACES.—To the extent that the Selection shall be based on criteria established § 1303. Disposition of surplus real property appropriations of the Administration not other- and published by the agency head. (a) DEFINITION.—In this section, the term wise required are inadequate, the Administrator § 1104. Negotiation of contract ‘‘federal agency’’ means an executive depart- may require each federal agency to which leased space has been assigned to pay promptly by (a) IN GENERAL.—The agency head shall ne- ment, independent establishment, commission, gotiate a contract for architectural and engi- board, bureau, division, or office in the execu- check to the Administrator out of its available neering services at compensation which the tive branch, or other agency of the Federal Gov- appropriations any part of the estimated cost of agency head determines is fair and reasonable ernment, including wholly owned Government rent, repairs, alterations, maintenance, oper- to the Federal Government. In determining fair corporations. ation, and moving. Payment may be either in and reasonable compensation, the agency head (b) ASSIGNMENT OF SPACE OR LEASE OR SALE advance or during occupancy of the space. shall consider the scope, complexity, profes- OF PROPERTY.— When space in a building is occupied by two or sional nature, and estimated value of the serv- (1) ACTIONS OF ADMINISTRATOR.—When the more agencies, the Administrator shall deter- ices to be rendered. President, on the recommendation of the Admin- mine and equitably apportion rental, operation, and other charges on the basis of the total (b) ORDER OF NEGOTIATION.—The agency istrator of General Services, or the federal agen- head shall attempt to negotiate a contract, as cy having control of any real property the agen- amount of space leased. (f) AUTHORIZATION OF APPROPRIATIONS.—Nec- provided in subsection (a), with the most highly cy acquires that is located outside of the District essary amounts may be appropriated to cover qualified firm selected under section 1103 of this of Columbia, other than military or naval res- the costs incident to the sale or lease of real title. If the agency head is unable to negotiate ervations, declares the property to be surplus to property, or authorized demolition of buildings a satisfactory contract with the firm, the agency the needs of the agency, the Administrator— on the property, declared to be surplus to the head shall formally terminate negotiations and (A) may assign space in the property to any needs of any federal agency under this section, then undertake negotiations with the next most federal agency; and the care, maintenance, and protection of qualified of the selected firms, continuing the (B) pending a sale, may lease the property for the property, including pay of employees, travel process until an agreement is reached. If the not more than 5 years and on terms the Admin- of Government employees, brokers’ fees not in agency head is unable to negotiate a satisfac- istrator considers to be in the public interest; or excess of rates paid for similar services in the tory contract with any of the selected firms, the (C) may sell the property at public sale to the community where the property is situated, ap- agency head shall select additional firms in highest responsible bidder on terms and after praisals, photographs, surveys, evidence of title order of their competence and qualification and public advertisement that the Administrator and perfecting of defective titles, advertising, continue negotiations in accordance with this considers to be in the public interest. and telephone and telegraph charges. However, section until an agreement is reached. (2) REVIEW OF DECISION TO ASSIGN SPACE.—If the agency remains responsible for the proper CHAPTER 13—PUBLIC PROPERTY the federal agency to which space is assigned does not desire to occupy the space, the decision care, maintenance, and protection of the prop- Sec. of the Administrator under paragraph (1)(A) is erty until the Administrator assumes custody or 1301. Charge of property transferred to the subject to review by the President. other disposition of the property is made. (g) REGULATIONS.—The Administrator may Federal Government. (3) NEGOTIATED SALE.—If no bids which are 1302. Lease of buildings. satisfactory as to price and responsibility of the prescribe regulations as necessary to carry out 1303. Disposition of surplus real property. bidder are received as a result of public adver- this section. 1304. Transfer of federal property to States. tisement, the Administrator may sell the prop- § 1304. Transfer of federal property to States 1305. Disposition of land acquired by devise. erty by negotiation, on terms as may be consid- (a) OBSOLETE BUILDINGS AND SITES.— 1306. Disposition of abandoned or forfeited per- ered to be to the best interest of the Government, (1) IN GENERAL.—The Administrator of Gen- sonal property. but at a price not less than that bid by the high- eral Services, in the Administrator’s discretion, 1307. Disposition of securities. est responsible bidder. on terms the Administrator considers proper, 1308. Disposition of unfit horses and mules. (c) DEMOLITION.—The Administrator may de- and under regulations the Administrator may 1309. Preservation, sale, or collection of molish any building declared to be surplus to prescribe, may sell property described in para- wrecked, abandoned, or derelict the needs of the Government under this section graph (2) to a State or a political subdivision of property. on deciding that demolition will be in the best a State for public use if the Administrator con- 1310. Sale of war supplies, land, and buildings. interest of the Government. Before proceeding siders the sale to be in the best interest of the 1311. Authority of President to obtain release. with the demolition, the Administrator shall in- Federal Government. 1312. Release of real estate in certain cases. form the Secretary of the Interior in writing of (2) APPLICABLE PROPERTY.—The property re- 1313. Releasing property from attachment. the Administrator’s intention to demolish the ferred to in paragraph (1) is any federal build- 1314. Easements. building, and shall not proceed with the demoli- ing, building site, or part of a building site 1315. Special police. tion until receiving written notice from the Sec- under the Administrator’s control that has been

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.024 pfrm01 PsN: H11PT1 H3336 CONGRESSIONAL RECORD — HOUSE June 11, 2002 replaced by a new structure and that the Ad- the Government other than by court decree may (A) the payment of expenses of operation, ministrator determines is no longer needed by retain the property and devote it only to official maintenance, and repair of property of the same the Government. use instead of disposing of the property as oth- kind the agency receives under this section for (3) PRICE.—The purchase price for a sale erwise provided by law if competent authority official use; under this section must be at least 50 percent of does not order the property returned to any (B) the payment of a lien recognized and al- the value of the land as appraised by the Ad- claimant. lowed under law; ministrator. (2) AGENCY DOES NOT DESIRE TO RETAIN PROP- (C) the payment of amounts found to be due (4) PROCEEDS OF SALE.—The proceeds of a sale ERTY.—If the agency does not desire to retain a person on the authorized remission or mitiga- under this section shall be deposited in the the property, the head of the agency imme- tion of a forfeiture; and Treasury as miscellaneous receipts. diately shall notify the Administrator to that ef- (D) reimbursement of other agencies as pro- (5) PAYMENT TERMS.—The Administrator may fect, and the property— vided in paragraph (2). enter into a long term contract for the payment (A) if not ordered by competent authority to (2) PAYMENT AND REIMBURSEMENT OF CERTAIN of the purchase price in installments that the be returned to any claimant, or disposed of as COSTS.—The agency that receives property Administrator considers fair and reasonable. otherwise provided by law, shall be delivered by under this section shall pay the cost of hauling, The Administrator may waive any requirement the agency, on order of the Administrator given transporting, towing, and storing the property. for interest charges on deferred payment. within a reasonable time, to another agency If the property is later delivered to another (6) CONVEYANCE.—The Administrator may that requests the property and that the Admin- agency for official use under this section, the convey property sold under this section by the istrator believes should be given the property; or agency to which the property is delivered shall usual quitclaim deed. (B) on order of the Administrator given within make reimbursement for all of those costs in- (b) WIDENING OF PUBLIC ROADS.— a reasonable time, shall be disposed of as other- curred prior to the date the property is deliv- (1) DEFINITION.—In this subsection, the term wise provided by law. ered. ‘‘executive agency’’ means an executive depart- (d) PROPERTY SUBJECT TO COURT PROCEEDING (g) REPORT.—With the approval of the Sec- ment or independent establishment in the execu- FOR FORFEITURE.— retary of the Treasury, the Administrator may tive branch of the Government, including any (1) NOTIFICATION OF ADMINISTRATOR.—If a require an agency to make a report of all prop- wholly owned Government corporation. proceeding has begun for the forfeiture of any erty abandoned to it or seized and the disposal (2) IN GENERAL.—When a State or a political property by court decree, the agency that seized of the property. subdivision of a State applies for a conveyance the property immediately shall notify the Ad- (h) ADMINISTRATIVE.— or transfer of real property of the Government ministrator and at the same time may file with (1) REGULATIONS.—With the approval of the in connection with an authorized widening of a the Administrator a request for the property for Secretary, the Administrator may prescribe reg- public highway, street, or alley, the head of the its official use. ulations necessary to carry out this section. executive agency that controls the affected real (2) APPLICATION FOR COURT ORDER TO DE- (2) OTHER LAWS NOT REPEALED.—This section property may convey or transfer to the State or LIVER PROPERTY.— does not repeal any other laws relating to the political subdivision, with or without consider- (A) IN GENERAL.—Before entry of a decree, the disposition of forfeited or abandoned property, ation, an interest in the real property that the Administrator shall apply to the court to order except provisions of those laws directly in con- agency head determines is not adverse to the in- delivery of the property in accordance with this flict with this section which were enacted prior terests of the Government. A conveyance or paragraph. to August 27, 1935. transfer under this subsection is subject to terms (B) DELIVERY TO SEIZING AGENCY.—If the (3) PROPERTY NOT SUBJECT TO ALLOCATION and conditions the agency head considers nec- agency that seized the property files a request UNDER THIS SECTION.—The following classes of essary to protect the interests of the Govern- for the property under paragraph (1), the Ad- property are not subject to allocation under this ment. ministrator shall apply to the court to order de- section, but shall be disposed of in the manner (3) LIMITATION ON TRANSFERS FOR HIGHWAY livery of the property to the agency that seized otherwise provided by law: PURPOSES.—An interest in real property which the property. (A) narcotic drugs, as defined in the Con- can be transferred to a State or a political sub- (C) DELIVERY TO OTHER REQUESTING AGEN- trolled Substances Act (21 U.S.C. 801 et seq.). division of a State for highway purposes under CY.—If the agency that seized the property does (B) firearms, as defined in section 5845 of the title 23 may not be conveyed or transferred not file a request for the property under para- Internal Revenue Code of 1986 (26 U.S.C. 5845). under this subsection. graph (1) but another agency requests the prop- (C) other classes or kinds of property the dis- (4) LIMITATION ON ISSUANCE OF RIGHTS OF erty, the Administrator shall apply to the court posal of which the Administrator, with the ap- WAY.—Rights of way over, under, and through to order delivery of the property to the request- proval of the Secretary, may consider in the public lands and lands in the National Forest ing agency if the Administrator believes that the public interest, and may by regulation provide. System may not be granted under this sub- requesting agency should be given the property. § 1307. Disposition of securities section. (D) DELIVERY TO SEIZING AGENCY FOR TEM- The President, or an officer, agent, or agency § 1305. Disposition of land acquired by devise PORARY HOLDING.—If application to the court the President may designate, may dispose of any The General Services Administration may take cannot be made under subparagraph (B) or (C) securities acquired on behalf of the Federal Gov- custody, for disposal as excess property under and the Administrator believes the property may ernment under the provisions of the Transpor- this subtitle and title III of the Federal Property later become necessary to any agency for official tation Act of 1920 (ch. 91, 41 Stat. 456), includ- and Administrative Services Act of 1949 (41 use, the Administrator shall apply to the court ing any securities acquired as an incident to a U.S.C. 251 et seq.), of land acquired by the Fed- to order delivery of the property to the agency case under title 11, under a receivership or reor- eral Government by devise. that seized the property, to be retained in its ganization proceeding, by assignment, transfer, § 1306. Disposition of abandoned or forfeited custody. Within a reasonable time, the Adminis- substitution, or issuance, or by acquisition of personal property trator shall order the agency to— collateral given for the payment of obligations (i) deliver the property to another agency that (a) DEFINITIONS.—In this section— to the Government, or may make arrangements (1) AGENCY.—The term ‘‘agency’’ includes any requests the property and that the Adminis- for the extension of the maturity of the securi- executive department, independent establish- trator believes should be given the property; or ties, in the manner, in amounts, at prices, for ment, board, commission, bureau, service, or di- (ii) dispose of the property as otherwise pro- cash, securities, or other property or any com- vision of the Federal Government, and any cor- vided by law. bination of cash, securities, or other property, poration in which the Government owns at least (3) FORFEITURE DECREED.—If forfeiture is de- and on terms and conditions the President or a majority of the stock. creed and the property is not ordered by com- designee considers advisable and in the public (2) PROPERTY.—The term ‘‘property’’ means petent authority to be returned to any claimant, interest. all personal property, including vessels, vehi- the court shall order delivery as provided in § 1308. Disposition of unfit horses and mules paragraph (2). cles, and aircraft. Subject to applicable regulations under this (4) WHEN NO APPLICATION MADE.—The court (b) VOLUNTARILY ABANDONED PROPERTY.— subtitle and title III of the Federal Property and shall dispose of property for which no applica- Property voluntarily abandoned to any agency Administrative Services Act of 1949 (41 U.S.C. tion is made in accordance with law. in a way that vests title to the property in the 251 et seq.), horses and mules belonging to the (e) RETENTION OR DELIVERY OF PROPERTY Government may be retained by the agency and Federal Government that have become unfit for DEEMED SALE.—Retention or delivery of for- devoted to official use only. If the agency does service may be destroyed or put out to pasture, feited or abandoned property under this section not desire to retain the property, the head of the either on pastures belonging to the Government is deemed to be a sale of the property for the agency immediately shall notify the Adminis- or those belonging to financially sound and rep- purpose of laws providing for informer’s fees or trator of General Services to that effect, and the utable humane organizations whose facilities remission or mitigation of a forfeiture. Property Administrator, within a reasonable time, shall— permit them to care for the horses and mules acquired under this section when no longer (1) order the agency to deliver the property to during the remainder of their natural lives, at needed for official use shall be disposed of in the another agency that requests the property and no cost to the Government. that the Administrator believes should be given same manner as other surplus property. the property; or (f) PAYMENT OF COSTS RELATED TO PROP- § 1309. Preservation, sale, or collection of (2) order disposal of the property as otherwise ERTY.— wrecked, abandoned, or derelict property provided by law. (1) AVAILABILITY OF APPROPRIATIONS.—The The Administrator of General Services may (c) FORFEITED PROPERTY.— appropriation available to an agency for the make contracts and provisions for the preserva- (1) AGENCY RETAINS PROPERTY.—An agency purchase, hire, operation, maintenance, and re- tion, sale, or collection of property, or the pro- that seizes property that has been forfeited to pair of any property is available for— ceeds of property, which may have been

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.024 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3337 wrecked, been abandoned, or become derelict, if (i) of the Government; or mination of any part of the easement if there the Administrator considers the contracts and (ii) held, owned, or employed by the Govern- has been— provisions to be in the interest of the Federal ment, or by a department of the Government, for (A) a failure to comply with a term or condi- Government and the property is within the ju- a public use; or tion of the grant; risdiction of the United States and should come (B) waive an objection to a proceeding (B) a nonuse of the easement for a consecutive to the Government. A contract may provide com- brought to enforce the claim. 2-year period for the purpose for which granted; pensation the Administrator considers just and (b) PAYMENT.—After a discharge, a final judg- or reasonable to any person who gives information ment which affirms the claim for the security or (C) an abandonment of the easement. about the property or actually preserves, col- satisfaction and the right of the person assert- (2) NOTICE REQUIRED.—If a termination provi- lects, surrenders, or pays over the property. ing the claim to enforce it against the property, sion is included, it shall require that written no- Under each specific agreement for obtaining, notwithstanding the claims of the Government, tice of the termination be given to the grantee, preserving, collecting, or receiving property or is deemed to be a full and final determination of or its successors or assigns. making property available, the costs or claim the rights of the person and entitles the person, (3) EFFECTIVE DATE.—The termination is ef- chargeable to the Government may not exceed as against the Government, to the rights the fective as of the date of the notice. amounts realized and received by the Govern- person would have had if possession of the (e) ADDITIONAL EASEMENT AUTHORITY.—The ment. property had not been changed. When the claim authority conferred by this section is in addition § 1310. Sale of war supplies, land, and build- is for the payment of money found to be due, to, and shall not affect or be subject to, any ings presentation of an authenticated copy of the other law under which an executive agency may (a) IN GENERAL.—The President, through the record of the judgment and proceedings is suffi- grant easements. head of any executive department and on terms cient evidence to the proper accounting officers (f) LIMITATION ON ISSUANCE OF RIGHTS OF the head of the department considers expedient, for the allowance of the claim, which shall be WAY.—Rights of way over, under, and through may sell to a person, another department of the allowed and paid out of amounts in the Treas- public lands and lands in the National Forest Federal Government, or the government of a for- ury not otherwise appropriated. The amount al- System may not be granted under this section. eign country engaged in war against a country lowed and paid shall not exceed the value of the § 1315. Special police interest of the Government in the property. with which the United States is at war— (a) APPOINTMENT.—The Administrator of Gen- (1) war supplies, material, and equipment; § 1314. Easements eral Services, or an official of the General Serv- (2) by-products of the war supplies, material, (a) DEFINITIONS.—In this section— ices Administration authorized by the Adminis- and equipment; and (1) EXECUTIVE AGENCY.—The term ‘‘executive (3) any building, plant, or factory, including trator, may appoint uniformed guards of the agency’’ means an executive department or Administration as special police without addi- the land on which the plant or factory may be independent establishment in the executive situated, acquired since April 6, 1917, for the tional compensation for duty in connection with branch of the Federal Government, including a the policing of all buildings and areas owned or production of war supplies, materials, and wholly owned Government corporation. equipment that, during the emergency existing occupied by the Federal Government and under (2) REAL PROPERTY OF THE GOVERNMENT.— the charge and control of the Administrator. on July 9, 1918, may have been purchased, ac- The term ‘‘real property of the Government’’ quired, or manufactured by the Government. (b) POWERS.—Special police appointed under excludes— this section have the same powers as sheriffs (b) LIMITATION ON SALE OF GUNS AND AMMU- (A) public land (including minerals, vegeta- NITION.—Sales of guns and ammunition author- and constables on property referred to in sub- tive, and other resources) in the United States, section (a) to enforce laws enacted for the pro- ized under any law shall be limited to— including— (1) other departments of the Government; tection of individuals and property, prevent (2) governments of foreign countries engaged (i) land reserved or dedicated for national for- breaches of the peace, suppress affrays or un- in war against a country with which the United est purposes; lawful assemblies, and enforce regulations pre- (ii) land the Secretary of the Interior admin- States is at war; and scribed by the Administrator or an official of the isters or supervises in accordance with the Act (3) members of the National Rifle Association Administration authorized by the Administrator of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known and of other recognized associations organized for property under their jurisdiction. However, as the National Park Service Organic Act); in the United States for the encouragement of the jurisdiction and policing powers of special (iii) Indian-owned trust and restricted land; small-arms target practice. police do not extend to the service of civil proc- and § 1311. Authority of President to obtain re- (iv) land the Government acquires primarily ess. lease for fish and wildlife conservation purposes and (c) DETAIL.—On the application of the head For the use or benefit of the Federal Govern- the Secretary administers; of a department or agency of the Government ment, the President may obtain from an indi- (B) land withdrawn from the public domain having property of the Government under its vidual or officer to whom land has been or will primarily under the jurisdiction of the Sec- administration and control, the Administrator be conveyed a release of the individual’s or offi- retary; and or an official of the Administration authorized cer’s interest to the Government. (C) land acquired for national forest purposes. by the Administrator may detail special police § 1312. Release of real estate in certain cases (3) STATE.—The term ‘‘State’’ means a State of for the protection of the property and, if the Ad- ministrator considers it desirable, may extend to (a) IN GENERAL.—Real estate that has become the United States, the District of Columbia, the property of the Federal Government in pay- Puerto Rico, and the territories and possessions the property the applicability of regulations and ment of a debt which afterward is fully paid in of the United States. enforce them as provided in this section. money and received by the Government may be (b) GRANT OF EASEMENT.—When a State, a po- (d) USE OF OTHER LAW ENFORCEMENT AGEN- conveyed by the Administrator of General Serv- litical subdivision or agency of a State, or a per- CIES.—When it is considered economical and in ices to the debtor from whom it was taken or to son applies for the grant of an easement in, the public interest, the Administrator or an offi- the heirs or devisees of the debtor or the person over, or on real property of the Government, the cial of the Administration authorized by the Ad- that they may appoint. executive agency having control of the real ministrator may utilize the facilities and services (b) NONAPPLICATION.—This section does not property may grant to the applicant, on behalf of existing federal law enforcement agencies, apply to real estate the Government acquires in of the Government, an easement that the head and, with the consent of a state or local agency, payment of any debt arising under the Internal of the agency decides will not be adverse to the the facilities and services of state or local law Revenue Code of 1986 (26 U.S.C. 1 et seq.). interests of the Government, subject to reserva- enforcement agencies. § 1313. Releasing property from attachment tions, exceptions, limitations, benefits, burdens, (e) NONUNIFORMED SPECIAL POLICE.—The Ad- ministrator, or an official of the Administration (a) STIPULATION OF DISCHARGE.— terms, or conditions that the head of the agency authorized by the Administrator, may empower (1) PERSON ASSERTING CLAIM ENTITLED TO BEN- considers necessary to protect the interests of officials or employees of the Administration au- EFITS.—In a judicial proceeding under the laws the Government. The grant may be made with- of a State, district, territory, or possession of the out consideration, or with monetary or other thorized to perform investigative functions to United States, when property owned or held by consideration, including an interest in real act as nonuniformed special police to protect the Federal Government, or in which the Gov- property. property under the charge and control of the ernment has or claims an interest, is seized, ar- (c) RELINQUISHMENT OF LEGISLATIVE JURIS- Administration and to carry firearms, whether rested, attached, or held for the security or sat- DICTION.—In connection with the grant of an on federal property or in travel status. When on isfaction of a claim made against the property, easement, the executive agency concerned may real property under the charge and control of the Attorney General may direct the United relinquish to the State in which the real prop- the Administration, officials or employees em- States Attorney for the district in which the erty is located legislative jurisdiction that the powered to act as nonuniformed special police property is located to enter a stipulation that on executive agency considers necessary or desir- have the power to enforce federal laws for the discharge of the property from the seizure, ar- able. Relinquishment of legislative jurisdiction protection of individuals and property and to rest, attachment, or proceeding, the person as- may be accomplished by filing with the chief ex- enforce regulations for that purpose that the serting the claim against the property becomes ecutive officer of the State a notice of relin- Administrator or an official of the Administra- entitled to all the benefits of this section. quishment to take effect upon acceptance or by tion authorized by the Administrator prescribes (2) NONAPPLICATION.—This subsection does proceeding in the manner that the laws applica- and publishes. The special police may make ar- not— ble to the State may provide. rests without warrant for any offense committed (A) recognize or concede any right to enforce (d) TERMINATION OF EASEMENT.— on the property if the police have reasonable by seizure, arrest, attachment, or any judicial (1) WHEN TERMINATION OCCURS.—The instru- grounds to believe the offense constitutes a fel- process a claim against property— ment granting the easement may provide for ter- ony under the laws of the United States and

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.025 pfrm01 PsN: H11PT1 H3338 CONGRESSIONAL RECORD — HOUSE June 11, 2002 that the individual to be arrested is guilty of SUBCHAPTER II—ACQUIRING LAND Administration, regardless of whether it was that offense. 3111. Approval of sufficiency of title prior to previously named by statute. (f) ADMINISTRATIVE.—The Administrator or an acquisition. § 3103. Admission of guide dogs or other serv- official of the Administration authorized by the 3112. Federal jurisdiction. ice animals accompanying individuals with Administrator may prescribe regulations nec- 3113. Acquisition by condemnation. disabilities essary for the government of the property under 3114. Declaration of taking. (a) IN GENERAL.—Guide dogs or other service their charge and control, and may annex to the 3115. Irrevocable commitment of Federal Gov- animals accompanying individuals with disabil- regulations reasonable penalties, within the lim- ernment to pay ultimate award ities and especially trained and educated for its prescribed in subsection (g), that will ensure when fixed. that purpose shall be admitted to any building their enforcement. The regulations shall be post- 3116. Interest as part of just compensation. or other property owned or controlled by the ed and kept posted in a conspicuous place on 3117. Exclusion of certain property by stipula- Federal Government on the same terms and con- the property. tion of Attorney General. ditions, and subject to the same regulations, as (g) PENALTIES.— 3118. Right of taking as addition to existing generally govern the admission of the public to (1) IN GENERAL.—Except as provided in para- rights. the property. The animals are not permitted to graph (2), a person violating a regulation pre- SUBCHAPTER III—BONDS run free or roam in a building or on the prop- scribed under subsection (f) shall be fined under erty and must be in guiding harness or on leash title 18, imprisoned for not more than 30 days, or 3131. Bonds of contractors of public buildings and under the control of the individual at all both. or works. times while in a building or on the property. (2) EXCEPTION FOR MILITARY TRAFFIC REGULA- 3132. Alternatives to payment bonds provided (b) REGULATIONS.—The head of each depart- TION.— by Federal Acquisition Regula- ment or other agency of the Government may (A) DEFINITION.—For purposes of this para- tion. graph, the term ‘‘military traffic regulation’’ 3133. Rights of persons furnishing labor or ma- prescribe regulations the individual considers means a regulation for the control of vehicular terial. necessary in the public interest to carry out this or pedestrian traffic on military installations 3134. Waivers for certain contracts. section as it applies to any building or other property subject to the individual’s jurisdiction. that the Secretary of Defense prescribes under SUBCHAPTER IV—WAGE RATE subsection (f). REQUIREMENTS § 3104. Furniture for new buildings (B) IN GENERAL.—A person violating a mili- 3141. Definitions. Furniture for all new public buildings shall be tary traffic regulation shall be fined an amount 3142. Rate of wages for laborers and mechan- acquired in accordance with plans and speci- not exceeding the amount of the maximum fine ics. fications approved by the Administrator of Gen- for a similar offense under the criminal or civil 3143. Termination of work on failure to pay eral Services. law of the State, district, territory, or possession agreed wages. § 3105. Buildings not to be draped in mourn- of the United States where the military installa- 3144. Authority of Comptroller General to pay ing tion in which the violation occurred is located, wages and list contractors vio- No building owned, or used for public pur- imprisoned for not more than 30 days, or both. lating contracts. poses, by the Federal Government shall be SUBTITLE II—PUBLIC BUILDINGS AND 3145. Regulations governing contractors and draped in mourning nor may public money be WORKS subcontractors. used for that purpose. 3146. Effect on other federal laws. PART A—GENERAL SUBCHAPTER II—ACQUIRING LAND 3147. Suspension of this subchapter during a CHAPTER Sec. § 3111. Approval of sufficiency of title prior to 31. GENERAL ...... 3101 national emergency. 33. ACQUISITION, CONSTRUCTION, 3148. Application of this subchapter to certain acquisition AND ALTERATION ...... 3301 contracts. (a) APPROVAL OF ATTORNEY GENERAL RE- 35. NON-FEDERAL PUBLIC WORKS ...... 3501 SUBCHAPTER V—VOLUNTEER SERVICES QUIRED.—Public money may not be expended to 37. CONTRACT WORK HOURS AND purchase land or any interest in land unless the SAFETY STANDARDS ...... 3701 3161. Purpose. Attorney General gives prior written approval of 3162. Waiver for individuals who perform vol- PART B—UNITED STATES CAPITOL the sufficiency of the title to the land for the unteer services. 51. UNITED STATES CAPITOL BUILD- purpose for which the Federal Government is INGS AND GROUNDS ...... 5101 SUBCHAPTER VI—MISCELLANEOUS acquiring the property. PART C—FEDERAL BUILDING COMPLEXES 3171. Contract authority when appropriation is (b) DELEGATION.— 61. UNITED STATES SUPREME COURT for less than full amount. (1) IN GENERAL.—The Attorney General may BUILDING AND GROUNDS ...... 6101 3172. Extension of state workers’ compensation delegate the responsibility under this section to 63. SMITHSONIAN INSTITUTION, NA- laws to buildings, works, and other departments and agencies of the Govern- TIONAL GALLERY OF ART, AND property of the Federal Govern- ment, subject to general supervision by the At- JOHN F. KENNEDY CENTER FOR ment. torney General and in accordance with regula- THE PERFORMING ARTS ...... 6301 3173. Working capital fund for blueprinting, tions the Attorney General prescribes. 65. THURGOOD MARSHALL FEDERAL (2) REQUEST FOR OPINION OF ATTORNEY GEN- JUDICIARY BUILDING ...... 6501 photostating, and duplicating 67. PENNSYLVANIA AVENUE DEVELOP- services in General Services Ad- ERAL.—A department or agency of the Govern- MENT ...... 6701 ministration. ment that has been delegated the responsibility 69. UNION STATION REDEVELOPMENT 6901 3174. Operation of public utility communica- to approve land titles under this section may re- PART D—PUBLIC BUILDINGS, GROUNDS, tions services serving govern- quest the Attorney General to render an opinion AND PARKS IN THE DISTRICT OF CO- mental activities. as to the validity of the title to any real prop- LUMBIA 3175. Acceptance of gifts of property. erty or interest in the property, or may request the advice or assistance of the Attorney General 81. ADMINISTRATIVE ...... 8101 3176. Administrator of General Services to fur- 83. WASHINGTON METROPOLITAN RE- nish services in continental in connection with determinations as to the suf- GION DEVELOPMENT ...... 8301 United States to international ficiency of titles. 85. NATIONAL CAPITAL SERVICE AREA bodies. (c) PAYMENT OF EXPENSES FOR PROCURING AND DIRECTOR ...... 8501 CERTIFICATES OF TITLE.—Except where other- 87. PHYSICAL DEVELOPMENT OF NA- SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS wise authorized by law or provided by contract, TIONAL CAPITAL REGION ...... 8701 the expenses of procuring certificates of titles or 89. NATIONAL CAPITAL MEMORIALS § 3101. Public buildings under control of Ad- other evidences of title as the Attorney General AND COMMEMORATIVE WORKS ... 8901 ministrator of General Services 91. COMMISSION OF FINE ARTS ...... 9101 may require may be paid out of the appropria- 93. THEODORE ROOSEVELT ISLAND ..... 9301 All public buildings outside of the District of tions for the acquisition of land or out of the 95. WASHINGTON AQUEDUCT AND Columbia and outside of military reservations appropriations made for the contingencies of the OTHER PUBLIC WORKS IN THE purchased or erected out of any appropriation acquiring department or agency of the Govern- DISTRICT OF COLUMBIA ...... 9501 under the control of the Administrator of Gen- ment. PART A—GENERAL eral Services, and the sites of the public build- (d) NONAPPLICATION.—This section does not CHAPTER 31—GENERAL ings, are under the exclusive jurisdiction and affect any provision of law in effect on Sep- SUBCHAPTER I—OVERSIGHT AND control, and in the custody of, the Adminis- tember 1, 1970, that is applicable to the acquisi- REGULATION OF PUBLIC BUILDINGS trator. The Administrator may take possession tion of land or interests in land by the Ten- of the buildings and assign and reassign rooms nessee Valley Authority. Sec. in the buildings to federal officials, clerks, and § 3112. Federal jurisdiction 3101. Public buildings under control of Admin- employees that the Administrator believes (a) EXCLUSIVE JURISDICTION NOT REQUIRED.— istrator of General Services. should be furnished with offices or rooms in the It is not required that the Federal Government 3102. Naming or designating buildings. buildings. 3103. Admission of guide dogs or other service obtain exclusive jurisdiction in the United animals accompanying individ- § 3102. Naming or designating buildings States over land or an interest in land it ac- uals with disabilities. The Administrator of General Services may quires. 3104. Furniture for new buildings. name or otherwise designate any building under (b) ACQUISITION AND ACCEPTANCE OF JURIS- 3105. Buildings not to be draped in mourning. the custody and control of the General Services DICTION.—When the head of a department,

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.025 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3339 agency, or independent establishment of the money received by any person entitled to com- § 3118. Right of taking as addition to existing Government, or other authorized officer of the pensation, the court shall enter judgment rights department, agency, or independent establish- against the Government for the amount of the The right to take possession and title in ad- ment, considers it desirable, that individual may deficiency. vance of final judgment in condemnation pro- accept or secure, from the State in which land (d) AUTHORITY OF COURT.—On the filing of a ceedings as provided by section 3114 of this title or an interest in land that is under the imme- declaration of taking, the court— is in addition to any right, power, or authority diate jurisdiction, custody, or control of the in- (1) may fix the time within which, and the conferred by the laws of the United States or of dividual is situated, consent to, or cession of, terms on which, the parties in possession shall a State, territory, or possession of the United any jurisdiction over the land or interest not be required to surrender possession to the peti- States under which the proceeding may be con- previously obtained. The individual shall indi- tioner; and ducted, and does not abrogate, limit, or modify (2) may make just and equitable orders in re- cate acceptance of jurisdiction on behalf of the that right, power, or authority. Government by filing a notice of acceptance spect of encumbrances, liens, rents, taxes, as- SUBCHAPTER III—BONDS with the Governor of the State or in another sessments, insurance, and other charges. manner prescribed by the laws of the State (e) VESTING NOT PREVENTED OR DELAYED.— § 3131. Bonds of contractors of public build- where the land is situated. An appeal or a bond or undertaking given in a ings or works (c) PRESUMPTION.—It is conclusively presumed proceeding does not prevent or delay the vesting (a) DEFINITION.—In this subchapter, the term that jurisdiction has not been accepted until the of title to land in the Government. ‘‘contractor’’ means a person awarded a con- Government accepts jurisdiction over land as § 3115. Irrevocable commitment of Federal tract described in subsection (b). provided in this section. Government to pay ultimate award when (b) TYPE OF BONDS REQUIRED.—Before any § 3113. Acquisition by condemnation fixed contract of more than $100,000 is awarded for the construction, alteration, or repair of any An officer of the Federal Government author- (a) REQUIREMENT FOR IRREVOCABLE COMMIT- public building or public work of the Federal ized to acquire real estate for the erection of a MENT.—Action under section 3114 of this title ir- Government, a person must furnish to the Gov- public building or for other public uses may ac- revocably committing the Federal Government to ernment the following bonds, which become quire the real estate for the Government by con- the payment of the ultimate award shall not be binding when the contract is awarded: demnation, under judicial process, when the of- taken unless the head of the executive depart- (1) PERFORMANCE BOND.—A performance bond ficer believes that it is necessary or advan- ment or agency or bureau of the Government with a surety satisfactory to the officer award- tageous to the Government to do so. The Attor- empowered to acquire the land believes that the ing the contract, and in an amount the officer ney General, on application of the officer, shall ultimate award probably will be within any lim- considers adequate, for the protection of the have condemnation proceedings begun within 30 its Congress prescribes on the price to be paid. (b) AUTHORIZED PURPOSES OF EXPENDITURES Government. days from receipt of the application at the De- AFTER IRREVOCABLE COMMITMENT MADE.— (2) PAYMENT BOND.—A payment bond with a partment of Justice. When the Government has taken or may take surety satisfactory to the officer for the protec- § 3114. Declaration of taking title to real property during a condemnation tion of all persons supplying labor and material (a) FILING AND CONTENT.—In any proceeding proceeding and in advance of final judgment in in carrying out the work provided for in the in any court of the United States outside of the the proceeding and has become irrevocably com- contract for the use of each person. The amount District of Columbia brought by and in the mitted to pay the amount ultimately to be of the payment bond shall equal the total name of the United States and under the au- awarded as compensation, and the Attorney amount payable by the terms of the contract un- thority of the Federal Government to acquire General believes that title to the property has less the officer awarding the contract deter- land, or an easement or right of way in land, for been vested in the Government or that all per- mines, in a writing supported by specific find- the public use, the petitioner may file, with the sons having an interest in the property have ings, that a payment bond in that amount is im- petition or at any time before judgment, a dec- been made parties to the proceeding and will be practical, in which case the contracting officer laration of taking signed by the authority em- bound by the final judgment, the Government shall set the amount of the payment bond. The powered by law to acquire the land described in may expend amounts appropriated for that pur- amount of the payment bond shall not be less the petition, declaring that the land is taken for pose to demolish existing structures on the prop- than the amount of the performance bond. the use of the Government. The declaration of erty and to erect public buildings or public (c) COVERAGE FOR TAXES IN PERFORMANCE taking shall contain or have annexed to it— works on the property. BOND.— (1) a statement of the authority under which, § 3116. Interest as part of just compensation (1) IN GENERAL.—Every performance bond re- and the public use for which, the land is taken; (a) CALCULATION.—The district court shall quired under this section specifically shall pro- (2) a description of the land taken that is suf- calculate interest required to be paid under this vide coverage for taxes the Government imposes ficient to identify the land; subchapter as follows: which are collected, deducted, or withheld from (3) a statement of the estate or interest in the (1) PERIOD OF NOT MORE THAN ONE YEAR.— wages the contractor pays in carrying out the land taken for public use; Where the period for which interest is owed is contract with respect to which the bond is fur- (4) a plan showing the land taken; and not more than one year, interest shall be cal- nished. (5) a statement of the amount of money esti- culated from the date of taking at an annual (2) NOTICE.—The Government shall give the mated by the acquiring authority to be just com- rate equal to the weekly average one-year con- surety on the bond written notice, with respect pensation for the land taken. stant maturity Treasury yield, as published by to any unpaid taxes attributable to any period, (b) VESTING OF TITLE.—On filing the declara- within 90 days after the date when the con- tion of taking and depositing in the court, to the the Board of Governors of the Federal Reserve System, for the calendar week preceding the tractor files a return for the period, except that use of the persons entitled to the compensation, notice must be given no later than 180 days from the amount of the estimated compensation stat- date of taking. (2) PERIOD OF MORE THAN ONE YEAR.—Where the date when a return for the period was reed in the declaration— the period for which interest is owed is more quired to be filed under the Internal Revenue (1) title to the estate or interest specified in than one year, interest for the first year shall be Code of 1986 (26 U.S.C. 1 et seq.). the declaration vests in the Government; calculated in accordance with paragraph (1) (3) CIVIL ACTION.—The Government may not (2) the land is condemned and taken for the bring a civil action on the bond for the taxes— use of the Government; and and interest for each additional year shall be calculated on the amount by which the award (A) unless notice is given as provided in this (3) the right to just compensation for the land subsection; and vests in the persons entitled to the compensa- of compensation is more than the deposit referred to in section 3114 of this title, plus ac- (B) more than one year after the day on tion. which notice is given. (c) COMPENSATION.— crued interest, at an annual rate equal to the (d) WAIVER OF BONDS FOR CONTRACTS PER- (1) DETERMINATION AND AWARD.—Compensa- weekly average one-year constant maturity FORMED IN FOREIGN COUNTRIES.—A contracting tion shall be determined and awarded in the Treasury yield, as published by the Board of officer may waive the requirement of a perform- proceeding and established by judgment. The Governors of the Federal Reserve System, for the ance bond and payment bond for work under a judgment shall include interest, in accordance calendar week preceding the beginning of each contract that is to be performed in a foreign with section 3116 of this title, on the amount fi- additional year. country if the officer finds that it is impracti- nally awarded as the value of the property as of (b) DISTRIBUTION OF NOTICE OF RATES.—The cable for the contractor to furnish the bonds. the date of taking and shall be awarded from Director of the Administrative Office of the (e) AUTHORITY TO REQUIRE ADDITIONAL that date to the date of payment. Interest shall United States Courts shall distribute to all fed- BONDS.—This section does not limit the author- not be allowed on as much of the compensation eral courts notice of the rates described in para- ity of a contracting officer to require a perform- as has been paid into the court. Amounts paid graphs (1) and (2) of subsection (a). ance bond or other security in addition to those, into the court shall not be charged with commis- § 3117. Exclusion of certain property by stipu- or in cases other than the cases, specified in sions or poundage. lation of Attorney General subsection (b). (2) ORDER TO PAY.—On application of the In any condemnation proceeding brought by parties in interest, the court may order that any or on behalf of the Federal Government, the At- § 3132. Alternatives to payment bonds pro- part of the money deposited in the court be paid torney General may stipulate or agree on behalf vided by Federal Acquisition Regulation immediately for or on account of the compensa- of the Government to exclude any part of the (a) IN GENERAL.—The Federal Acquisition tion to be awarded in the proceeding. property, or any interest in the property, taken Regulation shall provide alternatives to pay- (3) DEFICIENCY JUDGMENT.—If the compensa- by or on behalf of the Government by a declara- ment bonds as payment protections for suppliers tion finally awarded is more than the amount of tion of taking or otherwise. of labor and materials under contracts referred

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.026 pfrm01 PsN: H11PT1 H3340 CONGRESSIONAL RECORD — HOUSE June 11, 2002 to in section 3131(a) of this title that are more costs or expenses of any civil action brought ment of mechanics or laborers shall contain a than $25,000 and not more than $100,000. under this subsection. provision stating the minimum wages to be paid (b) RESPONSIBILITIES OF CONTRACTING OFFI- (c) A waiver of the right to bring a civil action various classes of laborers and mechanics. CER.—The contracting officer for a contract on a payment bond required under this sub- (b) BASED ON PREVAILING WAGE.—The min- shall— chapter is void unless the waiver is— imum wages shall be based on the wages the (1) select, from among the payment protections (1) in writing; Secretary of Labor determines to be prevailing provided for in the Federal Acquisition Regula- (2) signed by the person whose right is for the corresponding classes of laborers and me- tion pursuant to subsection (a), one or more waived; and chanics employed on projects of a character payment protections which the offeror awarded (3) executed after the person whose right is similar to the contract work in the civil subdivi- the contract is to submit to the Federal Govern- waived has furnished labor or material for use sion of the State in which the work is to be per- ment for the protection of suppliers of labor and in the performance of the contract. formed, or in the District of Columbia if the materials for the contract; and § 3134. Waivers for certain contracts work is to be performed there. TIPULATIONS EQUIRED IN ONTRACT (2) specify in the solicitation of offers for the (a) MILITARY.—The Secretary of the Army, (c) S R C .— contract the payment protections selected. the Secretary of the Navy, the Secretary of the Every contract based upon the specifications re- § 3133. Rights of persons furnishing labor or Air Force, or the Secretary of Transportation ferred to in subsection (a) must contain stipula- material may waive this subchapter with respect to cost- tions that— (1) the contractor or subcontractor shall pay (a) RIGHT OF PERSON FURNISHING LABOR OR plus-a-fixed fee and other cost-type contracts all mechanics and laborers employed directly on MATERIAL TO COPY OF BOND.—The department for the construction, alteration, or repair of any the site of the work, unconditionally and at secretary or agency head of the contracting public building or public work of the Federal least once a week, and without subsequent de- agency shall furnish a certified copy of a pay- Government and with respect to contracts for duction or rebate on any account, the full ment bond and the contract for which it was manufacturing, producing, furnishing, con- amounts accrued at time of payment, computed given to any person applying for a copy who structing, altering, repairing, processing, or as- at wage rates not less than those stated in the submits an affidavit that the person has sup- sembling vessels, aircraft, munitions, materiel, advertised specifications, regardless of any con- plied labor or material for work described in the or supplies for the Army, Navy, Air Force, or tractual relationship which may be alleged to contract and payment for the work has not been Coast Guard, respectively, regardless of the exist between the contractor or subcontractor made or that the person is being sued on the terms of the contracts as to payment or title. and the laborers and mechanics; bond. The copy is prima facie evidence of the (b) TRANSPORTATION.—The Secretary of (2) the contractor will post the scale of wages contents, execution, and delivery of the original. Transportation may waive this subchapter with to be paid in a prominent and easily accessible Applicants shall pay any fees the department respect to contracts for the construction, alter- place at the site of the work; and secretary or agency head of the contracting ation, or repair of vessels when the contract is (3) there may be withheld from the contractor agency fixes to cover the cost of preparing the made under sections 1535 and 1536 of title 31, the so much of accrued payments as the contracting certified copy. Merchant Marine Act, 1936 (46 App. U.S.C. 1101 officer considers necessary to pay to laborers (b) RIGHT TO BRING A CIVIL ACTION.— et seq.), or the Merchant Ship Sales Act of 1946 and mechanics employed by the contractor or (1) IN GENERAL.—Every person that has fur- (50 App. U.S.C. 1735 et seq.), regardless of the any subcontractor on the work the difference nished labor or material in carrying out work terms of the contracts as to payment or title. between the rates of wages required by the con- provided for in a contract for which a payment SUBCHAPTER IV—WAGE RATE tract to be paid laborers and mechanics on the bond is furnished under section 3131 of this title REQUIREMENTS work and the rates of wages received by the la- and that has not been paid in full within 90 § 3141. Definitions borers and mechanics and not refunded to the days after the day on which the person did or contractor or subcontractors or their agents. performed the last of the labor or furnished or In this subchapter, the following definitions (d) DISCHARGE OF OBLIGATION.—The obliga- supplied the material for which the claim is apply: tion of a contractor or subcontractor to make made may bring a civil action on the payment (1) FEDERAL GOVERNMENT.—The term ‘‘Fed- payment in accordance with the prevailing bond for the amount unpaid at the time the civil eral Government’’ has the same meaning that wage determinations of the Secretary of Labor, action is brought and may prosecute the action the term ‘‘United States’’ had in the Act of under this subchapter and other laws incor- to final execution and judgment for the amount March 3, 1931 (ch. 411, 46 Stat. 1494 (known as porating this subchapter by reference, may be due. the Davis-Bacon Act). (2) WAGES, SCALE OF WAGES, WAGE RATES, MIN- discharged by making payments in cash, by (2) PERSON HAVING DIRECT CONTRACTUAL RE- IMUM WAGES, AND PREVAILING WAGES.—The making contributions described in section LATIONSHIP WITH A SUBCONTRACTOR.—A person 3141(2)(B)(i) of this title, by assuming an en- having a direct contractual relationship with a terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage rates’’, forceable commitment to bear the costs of a plan subcontractor but no contractual relationship, ‘‘minimum wages’’, and ‘‘prevailing wages’’ or program referred to in section 3141(2)(B)(ii) of express or implied, with the contractor fur- include— (A) the basic hourly rate of pay; and this title, or by any combination of payment, nishing the payment bond may bring a civil ac- (B) for medical or hospital care, pensions on contribution, and assumption, where the aggre- tion on the payment bond on giving written no- retirement or death, compensation for injuries or gate of the payments, contributions, and costs is tice to the contractor within 90 days from the illness resulting from occupational activity, or not less than the basic hourly rate of pay plus date on which the person did or performed the insurance to provide any of the forgoing, for the amount referred to in section 3141(2)(B). last of the labor or furnished or supplied the unemployment benefits, life insurance, disability (e) OVERTIME PAY.—In determining the over- last of the material for which the claim is made. and sickness insurance, or accident insurance, time pay to which a laborer or mechanic is enti- The action must state with substantial accuracy for vacation and holiday pay, for defraying the tled under any federal law, the regular or basic the amount claimed and the name of the party costs of apprenticeship or other similar pro- hourly rate of pay (or other alternative rate on to whom the material was furnished or supplied grams, or for other bona fide fringe benefits, but which premium rate of overtime compensation is or for whom the labor was done or performed. only where the contractor or subcontractor is computed) of the laborer or mechanic is deemed The notice shall be served— not required by other federal, state, or local law to be the rate computed under section 3141(2)(A) (A) by any means that provides written, third- to provide any of those benefits, the amount of this title, except that where the amount of party verification of delivery to the contractor of— payments, contributions, or costs incurred with at any place the contractor maintains an office (i) the rate of contribution irrevocably made respect to the laborer or mechanic exceeds the or conducts business or at the contractor’s resi- by a contractor or subcontractor to a trustee or applicable prevailing wage, the regular or basic dence; or to a third person under a fund, plan, or pro- hourly rate of pay (or other alternative rate) is (B) in any manner in which the United States gram; and the amount of payments, contributions, or costs marshal of the district in which the public im- (ii) the rate of costs to the contractor or sub- actually incurred with respect to the laborer or provement is situated by law may serve sum- contractor that may be reasonably anticipated mechanic minus the greater of the amount of mons. in providing benefits to laborers and mechanics contributions or costs of the types described in (3) VENUE.—A civil action brought under this pursuant to an enforceable commitment to carry section 3141(2)(B) of this title actually incurred subsection must be brought— out a financially responsible plan or program with respect to the laborer or mechanic or the (A) in the name of the United States for the which was communicated in writing to the la- amount determined under section 3141(2)(B) but use of the person bringing the action; and borers and mechanics affected. not actually paid. (B) in the United States District Court for any district in which the contract was to be per- § 3142. Rate of wages for laborers and me- § 3143. Termination of work on failure to pay formed and executed, regardless of the amount chanics agreed wages in controversy. (a) APPLICATION.—The advertised specifica- Every contract within the scope of this sub- (4) PERIOD IN WHICH ACTION MUST BE tions for every contract in excess of $2,000, to chapter shall contain a provision that if the BROUGHT.—An action brought under this sub- which the Federal Government or the District of contracting officer finds that any laborer or me- section must be brought no later than one year Columbia is a party, for construction, alter- chanic employed by the contractor or any sub- after the day on which the last of the labor was ation, or repair, including painting and deco- contractor directly on the site of the work cov- performed or material was supplied by the per- rating, of public buildings and public works of ered by the contract has been or is being paid a son bringing the action. the Government or the District of Columbia that rate of wages less than the rate of wages re- (5) LIABILITY OF FEDERAL GOVERNMENT.—The are located in a State or the District of Colum- quired by the contract to be paid, the Federal Government is not liable for the payment of any bia and which requires or involves the employ- Government by written notice to the contractor

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.026 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3341 may terminate the contractor’s right to proceed rating) of public buildings and public works downward pressure on prevailing wages in the with the work or the part of the work as to that at least partly are financed with federal fi- local construction industry. which there has been a failure to pay the re- nancial assistance authorized under certain fed- SUBCHAPTER VI—MISCELLANEOUS quired wages. The Government may have the eral programs and that otherwise might not be § 3171. Contract authority when appropria- work completed, by contract or otherwise, and possible without the use of volunteers. tion is for less than full amount the contractor and the contractor’s sureties § 3162. Waiver for individuals who perform Unless specifically directed otherwise, the Ad- shall be liable to the Government for any excess volunteer services costs the Government incurs. ministrator of General Services may make a con- (a) CRITERIA FOR RECEIVING WAIVER.—The re- tract within the full limit of the cost fixed by § 3144. Authority of Comptroller General to quirement that certain laborers and mechanics Congress for the acquisition of land for sites, or pay wages and list contractors violating be paid in accordance with the wage-setting for the enlargement of sites, for public buildings, contracts provisions of subchapter IV of this chapter as or for the erection, remodeling, extension, alter- (a) PAYMENT OF WAGES.— set forth in the Indian Self-Determination and ation, and repairs of public buildings, even (1) IN GENERAL.—The Comptroller General Education Assistance Act (25 U.S.C. 450 et seq.), though an appropriation is made for only part shall pay directly to laborers and mechanics the Indian Health Care Improvement Act (25 of the amount necessary to carry out legislation from any accrued payments withheld under the U.S.C. 1601 et seq.), and the Housing and Com- authorizing that purpose. terms of a contract any wages found to be due munity Development Act of 1974 (42 U.S.C. 5301 § 3172. Extension of state workers’ compensa- laborers and mechanics under this subchapter. et seq.) does not apply to an individual— tion laws to buildings, works, and property (2) RIGHT OF ACTION.—If the accrued pay- (1) who volunteers to perform a service di- of the Federal Government ments withheld under the terms of the contract rectly to a state or local government, a public are insufficient to reimburse all the laborers and agency, or a public or private nonprofit recipi- (a) AUTHORIZATION OF EXTENSION.—The state mechanics who have not been paid the wages re- ent of federal assistance— authority charged with enforcing and requiring quired under this subchapter, the laborers and (A) for civic, charitable, or humanitarian rea- compliance with the state workers’ compensa- mechanics have the same right to bring a civil sons; tion laws and with the orders, decisions, and action and intervene against the contractor and (B) only for the personal purpose or pleasure awards of the authority may apply the laws to the contractor’s sureties as is conferred by law of the individual; all land and premises in the State which the on persons furnishing labor or materials. In (C) without promise, expectation, or receipt of Federal Government owns or holds by deed or those proceedings it is not a defense that the la- compensation for services rendered, except as act of cession, and to all projects, buildings, borers and mechanics accepted or agreed to ac- provided in subsection (b); and constructions, improvements, and property in cept less than the required rate of wages or vol- (D) freely and without pressure or coercion, the State and belonging to the Government, in untarily made refunds. direct or implied, from any employer; the same way and to the same extent as if the (b) LIST OF CONTRACTORS VIOLATING CON- (2) whose contribution of service is not for the premises were under the exclusive jurisdiction of TRACTS.— direct or indirect benefit of any contractor oth- the State in which the land, premises, projects, (1) IN GENERAL.—The Comptroller General erwise performing or seeking to perform work on buildings, constructions, improvements, or prop- shall distribute to all departments of the Federal the same project for which the individual is vol- erty are located. Government a list of the names of persons whom unteering; (b) LIMITATION ON RELINQUISHING JURISDIC- the Comptroller General has found to have dis- (3) who is not employed by and does not pro- TION.—The Government under this section does regarded their obligations to employees and sub- vide services to a contractor or subcontractor at not relinquish its jurisdiction for any other pur- contractors. any time on the federally assisted or insured pose. (2) RESTRICTION ON AWARDING CONTRACTS.— project for which the individual is volunteering; (c) NONAPPLICATION.—This section does not No contract shall be awarded to persons appear- and modify or amend subchapter I of chapter 81 of ing on the list or to any firm, corporation, part- (4) who otherwise is not employed by the same title 5. nership, or association in which the persons public agency or recipient of federal assistance § 3173. Working capital fund for blueprinting, have an interest until three years have elapsed to perform the same type of services as those for photostating, and duplicating services in from the date of publication of the list. which the individual proposes to volunteer. General Services Administration (b) PAYMENTS.— § 3145. Regulations governing contractors (a) ESTABLISHMENT AND PURPOSE.—There is a (1) IN ACCORDANCE WITH REGULATIONS.—Vol- and subcontractors working capital fund for the payment of salaries unteers described in subsection (a) who are per- and other expenses necessary to the operation of (a) IN GENERAL.—The Secretary of Labor shall forming services directly to a state or local gov- prescribe reasonable regulations for contractors a central blue-printing, photostating, and dupli- ernment or public agency may receive payments cating service. and subcontractors engaged in constructing, of expenses, reasonable benefits, or a nominal carrying out, completing, or repairing public (b) COMPONENTS.—The fund consists of— fee only in accordance with regulations the Sec- (1) $50,000 without fiscal year limitation; and buildings, public works, or buildings or works retary of Labor prescribes. Volunteers who are that at least partly are financed by a loan or (2) reimbursements from available amounts of performing services directly to a public or pri- constituents of the Administrator of General grant from the Federal Government. The regula- vate nonprofit entity may not receive those pay- tions shall include a provision that each con- Services, or of any other federal agency for ments. which services are performed, at rates to be de- tractor and subcontractor each week must fur- RITERIA AND CONTENT OF REGULATIONS.— (2) C termined by the Administrator on the basis of nish a statement on the wages paid each em- In prescribing the regulations, the Secretary estimated or actual charges for personal serv- ployee during the prior week. shall consider criteria such as the total amount ices, material, equipment (including mainte- (b) APPLICATION.—Section 1001 of title 18 ap- of payments made (relating to expenses, bene- nance, repair, and depreciation on existing and plies to the statements. fits, or fees) in the context of the economic reali- new equipment) and other expenses, to ensure § 3146. Effect on other federal laws ties. The regulations shall include provisions continuous operation. that provide that— This subchapter does not supersede or impair (c) DEPOSIT OF EXCESS AMOUNTS IN THE (A) a payment for an expense may be received any authority otherwise granted by federal law TREASURY.—At the close of each fiscal year any by a volunteer for items such as uniform allow- to provide for the establishment of specific wage excess amount resulting from operation of the ances, protective gear and clothing, reimburse- rates. service, after adequately providing for the re- ment for approximate out-of-pocket expenses, or § 3147. Suspension of this subchapter during placement of mechanical and other equipment the cost or expense of meals and transportation; a national emergency and for accrued annual leave of employees en- (B) a reasonable benefit may include the in- gaged in this work by the establishment of re- The President may suspend the provisions of clusion of a volunteer in a group insurance plan serves for those purposes, shall be deposited in this subchapter during a national emergency. (such as a liability, health, life, disability, or the Treasury as miscellaneous receipts. § 3148. Application of this subchapter to cer- worker’s compensation plan) or pension plan, or tain contracts the awarding of a length of service award; and § 3174. Operation of public utility communications services serving governmental ac- This subchapter applies to a contract author- (C) a nominal fee may not be used as a sub- tivities ized by law that is made without regard to sec- stitute for compensation and may not be con- tion 3709 of the Revised Statutes (41 U.S.C. 5), nected to productivity. The Administrator of General Services may or on a cost-plus-a-fixed-fee basis or otherwise (3) NOMINAL FEE.—The Secretary shall decide provide and operate public utility communica- without advertising for proposals, if this sub- what constitutes a nominal fee for purposes of tions services serving any governmental activity chapter otherwise would apply to the contract. paragraph (2)(C). The decision shall be based on when the services are economical and in the in- the context of the economic realities of the situ- terest of the Federal Government. This section SUBCHAPTER V—VOLUNTEER SERVICES ation involved. does not apply to communications systems for § 3161. Purpose (c) ECONOMIC REALITY.—In determining handling messages of a confidential or secret It is the purpose of this subchapter to promote whether an expense, benefit, or fee described in nature, the operation of cryptographic equip- and provide opportunities for individuals who subsection (b) may be paid to volunteers in the ment or transmission of secret, security, or wish to volunteer their services to state or local context of the economic realities of the par- coded messages, or buildings operated or occu- governments, public agencies, or nonprofit char- ticular situation, the Secretary may not permit pied by the United States Postal Service, except itable organizations in the construction, repair, any expense, benefit, or fee that has the effect on request of the department or agency con- or alteration (including painting and deco- of undermining labor standards by creating cerned.

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§ 3175. Acceptance of gifts of property erally suitable for use as office or storage space (2) DUTY OF FEDERAL AGENCIES.—Each federal The Administrator of General Services, and or both by one or more federal agencies or agency shall cooperate with, advise, and assist the United States Postal Service where that of- mixed-ownership Government corporations; the Administrator in carrying out the duties of fice is concerned, may accept on behalf of the (B) includes— the Administrator under this chapter as deter- Federal Government unconditional gifts of prop- (i) federal office buildings; mined necessary by the Administrator to carry (ii) post offices; out the purposes of this chapter. erty in aid of any project or function within (iii) customhouses; their respective jurisdictions. (c) REQUEST FOR IDENTIFICATION OF EXISTING (iv) courthouses; BUILDINGS OF HISTORICAL, ARCHITECTURAL, OR § 3176. Administrator of General Services to (v) appraisers stores; CULTURAL SIGNIFICANCE.—When the Adminis- furnish services in continental United (vi) border inspection facilities; trator undertakes a survey of the public build- (vii) warehouses; States to international bodies ings needs of the Government within a geo- Sections 1535 and 1536 of title 31 are extended (viii) record centers; (ix) relocation facilities; graphical area, the Administrator shall request so that the Administrator of General Services, at (x) telecommuting centers; that, within 60 days, the Advisory Council on the request of the Secretary of State, may fur- (xi) similar federal facilities; and Historic Preservation established by title II of nish services in the continental United States, (xii) any other buildings or construction the National Historic Preservation Act (16 on a reimbursable basis, to any international projects the inclusion of which the President U.S.C. 470i et seq.) identify any existing build- body with which the Federal Government is af- considers to be justified in the public interest; ings in the geographical area that— filiated. but (1) are of historical, architectural, or cultural CHAPTER 33—ACQUISITION, (C) does not include a building or construc- significance (as defined in section 3306(a) of this CONSTRUCTION, AND ALTERATION tion project described in subparagraphs (A) and title); and (B)— (2) whether or not in need of repair, alter- Sec. ation, or addition, would be suitable for acquisi- 3301. Definitions and nonapplication. (i) that is on the public domain (including that reserved for national forests and other pur- tion to meet the public buildings needs of the 3302. Prohibition on construction of buildings Government. except by Administrator of Gen- poses); (ii) that is on property of the Government in (d) STANDARD FOR CONSTRUCTION AND ACQUI- eral Services. SITION OF PUBLIC BUILDINGS.—In carrying out 3303. Continuing investigation and survey of foreign countries; (iii) that is on Indian and native Eskimo prop- the duties of the Administrator under this chap- public buildings. ter, the Administrator shall provide for the con- 3304. Acquisition of buildings and sites. erty held in trust by the Government; (iv) that is on land used in connection with struction and acquisition of public buildings eq- 3305. Construction and alteration of buildings. federal programs for agricultural, recreational, uitably throughout the United States with due 3306. Accommodating federal agencies. and conservation purposes, including research regard to the comparative urgency of the need 3307. Congressional approval of proposed in connection with the programs; for each particular building. In developing projects. (v) that is on or used in connection with river, plans for new buildings, the Administrator shall 3308. Architectural or engineering services. harbor, flood control, reclamation or power give due consideration to excellence of architec- 3309. Buildings and sites in the District of Co- projects, for chemical manufacturing or develop- ture and design. lumbia. ment projects, or for nuclear production, re- § 3304. Acquisition of buildings and sites 3310. Special rules for leased buildings. search, or development projects; (a) IN GENERAL.—The Administrator of Gen- 3311. State administration of criminal and (vi) that is on or used in connection with eral Services may acquire, by purchase, con- health and safety laws. housing and residential projects; demnation, donation, exchange, or otherwise, 3312. Compliance with nationally recognized (vii) that is on military installations (includ- any building and its site which the Adminis- codes. ing any fort, camp, post, naval training station, trator decides is necessary to carry out the du- 3313. Delegation. airfield, proving ground, military supply depot, 3314. Report to Congress. ties of the Administrator under this chapter. military school, or any similar facility of the De- (b) ACQUISITION OF LAND OR INTEREST IN 3315. Certain authority not affected. partment of Defense); LAND FOR USE AS SITES.—The Administrator § 3301. Definitions and nonapplication (viii) that is on installations of the Depart- may acquire land or an interest in land the Ad- (a) DEFINITIONS.—In this chapter— ment of Veterans Affairs used for hospital or ministrator considers necessary for use as sites, (1) ALTER.—The term ‘‘alter’’ includes— domiciliary purposes; or or additions to sites, for public buildings author- (A) preliminary planning, engineering, archi- (ix) the exclusion of which the President con- ized to be constructed or altered under this tectural, legal, fiscal, and economic investiga- siders to be justified in the public interest. chapter. tions and studies, surveys, designs, plans, work- (6) UNITED STATES.—The term ‘‘United States’’ (c) PUBLIC BUILDINGS USED FOR POST OFFICE ing drawings, specifications, procedures, and includes the States of the United States, the Dis- PURPOSES.—When any part of a public building other similar actions necessary for the alteration trict of Columbia, Puerto Rico, and the terri- is to be used for post office purposes, the Admin- of a public building; and tories and possessions of the United States. istrator shall act jointly with the United States (B) repairing, remodeling, improving, or ex- (b) NONAPPLICATION.—This chapter does not Postal Service in selecting the town or city tending, or other changes in, a public building. apply to the construction of any public building where the building is to be constructed, and in (2) CONSTRUCT.—The term ‘‘construct’’ in- to which section 241(g) of the Immigration and selecting the site in the town or city for the cludes preliminary planning, engineering, archi- Nationality Act (8 U.S.C. 1231(g)) or section 1 of building. tectural, legal, fiscal, and economic investiga- the Act of June 26, 1930 (19 U.S.C. 68) applies. (d) SOLICITATION OF PROPOSALS FOR SALE, tions and studies, surveys, designs, plans, work- § 3302. Prohibition on construction of build- DONATION, OR EXCHANGE OF REAL PROPERTY.— ing drawings, specifications, procedures, and ings except by Administrator of General When the Administrator is to acquire a site other similar actions necessary for the construc- Services under subsection (b), the Administrator, if the tion of a public building. Only the Administrator of General Services Administrator considers it necessary, by public (3) EXECUTIVE AGENCY.–The term ‘‘executive may construct a public building. The Adminis- advertisement may solicit proposals for the sale, agency’’ means an executive department or trator shall construct a public building in ac- donation, or exchange of real property to the independent establishment in the executive cordance with this chapter. Federal Government to be used as the site. In se- branch of the Federal Government, including— § 3303. Continuing investigation and survey lecting a site under subsection (b) the Adminis- (A) any wholly owned Government corpora- of public buildings trator (with the concurrence of the United tion; States Postal Service if any part of the public (a) CONDUCTED BY ADMINISTRATOR.—The Ad- building to be constructed on the site is to be (B) the Central-Bank for Cooperatives and the ministrator of General Services shall— used for post office purposes) may— regional banks for cooperatives; (1) make a continuing investigation and sur- (1) select the site that the Administrator be- (C) federal land banks; vey of the public buildings needs of the Federal lieves is the most advantageous to the Govern- (D) federal intermediate credit banks; Government so that the Administrator may (E) the Federal Deposit Insurance Corpora- ment, all factors considered; and carry out the duties of the Administrator under (2) acquire the site without regard to title III tion; and this chapter; and (F) the Government National Mortgage Asso- of the Federal Property and Administrative (2) submit to Congress prospectuses of pro- Services Act of 1949 (41 U.S.C. 251 et seq.). ciation. posed projects in accordance with section (4) FEDERAL AGENCY.—The term ‘‘federal 3307(a) and (b) of this title. § 3305. Construction and alteration of build- agency’’ means an executive agency or an estab- (b) COOPERATION WITH FEDERAL AGENCIES.— ings lishment in the legislative or judicial branch of (1) DUTIES OF ADMINISTRATOR.—In carrying (a) CONSTRUCTION.— the Government (except the Senate, the House of out the duties of the Administrator under this (1) REPLACEMENT OF EXISTING BUILDINGS.— Representatives, and the Architect of the Cap- chapter, the Administrator— When the Administrator of General Services itol and any activities under the direction of the (A) shall cooperate with all federal agencies considers it to be in the best interest of the Fed- Architect). in order to keep informed of their needs; eral Government to construct a new public (5) PUBLIC BUILDING.—The term ‘‘public (B) shall advise each federal agency of the building to take the place of an existing public building’’— program with respect to the agency; and building, the Administrator may demolish the (A) means a building, whether for single or (C) may request the cooperation and assist- existing building and use the site on which it is multitenant occupancy, and its grounds, ap- ance of each federal agency in carrying out du- located for the site of the proposed public build- proaches, and appurtenances, which is gen- ties under this chapter. ing. If the Administrator believes that it is more

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.028 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3343 advantageous to construct the public building other authority with respect to constructing, op- (4) with respect to any project for the con- on a different site in the same city, the Adminis- erating, maintaining, altering, and otherwise struction, alteration, or acquisition of any trator may exchange the building and site, or managing or acquiring space necessary to ac- building, a statement by the Administrator that the site, for another site, or may sell the build- commodate federal agencies and to accomplish suitable space owned by the Government is not ing and site in accordance with subtitle I of this the purposes of sections 581(h), 584(b), 3303(c), available and that suitable rental space is not title and title III of the Federal Property and and 3307(b)(3) and (5), the Administrator shall— available at a price commensurate with that to Administrative Services Act of 1949 (41 U.S.C. (1) acquire and utilize space in suitable build- be afforded through the proposed action; 251 et seq.). ings of historical, architectural, or cultural sig- (5) a statement by the Administrator of the (2) SALE OR EXCHANGE OF SITES.—When the nificance, unless use of the space would not economic and other justifications for not acquir- Administrator decides that a site acquired for prove feasible and prudent compared with avail- ing a building identified to the Administrator the construction of a public building is not suitable alternatives; under section 3303(c) of this title as suitable for able for that purpose, the Administrator may ex- (2) encourage the location of commercial, cul- the public building needs of the Government; change the site for another site, or may sell it in tural, educational, and recreational facilities and accordance with subtitle I of this title and title and activities in public buildings; (6) a statement of rents and other housing III of the Federal Property and Administrative (3) provide and maintain space, facilities, and costs currently being paid by the Government Services Act of 1949 (41 U.S.C. 251 et seq.). activities, to the extent practicable, that encour- for federal agencies to be housed in the building (3) COMMITTEE APPROVAL REQUIRED.—This age public access to, and stimulate public pedes- to be constructed, altered, or acquired, or the subsection does not permit the Administrator to trian traffic around, into, and through, public space to be leased. use any land as a site for a public building if buildings, permitting cooperative improvements (c) INCREASE OF ESTIMATED MAXIMUM COST.— the project has not been approved in accordance to and uses of the area between the building The estimated maximum cost of any project ap- with section 3307 of this title. and the street, so that the activities complement proved under this section as set forth in any (b) ALTERATION OF BUILDINGS.— and supplement commercial, cultural, edu- prospectus may be increased by an amount (1) AUTHORITY TO ALTER BUILDINGS AND AC- cational, and recreational resources in the equal to any percentage increase, as determined QUIRE LAND.—The Administrator may— neighborhood of public buildings; and by the Administrator, in construction or alter- (A) alter any public building; and (4) encourage the public use of public build- ation costs from the date the prospectus is trans- (B) acquire in accordance with section ings for cultural, educational, and recreational mitted to Congress. The increase authorized by 3304(b)–(d) of this title land necessary to carry activities. this subsection may not exceed 10 percent of the out the alteration. (c) CONSULTATION AND SOLICITATION OF COM- estimated maximum cost. (2) COMMITTEE APPROVAL NOT REQUIRED.— MENTS.—In carrying out the duties under sub- (d) RESCISSION OF APPROVAL.— If an appro- (A) THRESHOLD AMOUNT.—Approval under section (b), the Administrator shall— priation is not made within one year after the section 3307 of this title is not required for any (1) consult with chief executive officers of the date a project for construction, alteration, or ac- alteration and acquisition authorized by this States, areawide agencies established pursuant quisition is approved under subsection (a), the subsection for which the estimated maximum to title II of the Demonstration Cities and Met- Committee on Environment and Public Works of cost does not exceed $1,500,000. ropolitan Development Act of 1966 (42 U.S.C. the Senate or the Committee on Transportation 3331 et seq.) and section 6506 of title 31, and (B) DOLLAR AMOUNT ADJUSTMENT.—The Ad- and Infrastructure of the House of Representa- ministrator annually may adjust the dollar chief executive officers of those units of general tives by resolution may rescind its approval be- amount referred to in subparagraph (A) to re- local government in each area served by an ex- fore an appropriation is made. isting or proposed public building; and flect a percentage increase or decrease in con- (e) EMERGENCY LEASES BY THE ADMINIS- (2) solicit the comments of other community struction costs during the prior calendar year, TRATOR.—This section does not prevent the Ad- leaders and members of the general public as the as determined by the composite index of con- ministrator from entering into emergency leases Administrator considers appropriate. struction costs of the Department of Commerce. during any period declared by the President to Any adjustment shall be expeditiously reported § 3307. Congressional approval of proposed require emergency leasing authority. An emer- to the Committee on Environment and Public projects gency lease may not be for more than 180 days Works of the Senate and the Committee on (a) RESOLUTIONS REQUIRED BEFORE APPRO- without approval of a prospectus for the lease in Transportation and Infrastructure of the House PRIATIONS MAY BE MADE.—The following ap- accordance with subsection (a). of Representatives. propriations may be made only if the Committee (f) LIMITATION ON LEASING CERTAIN SPACE.— (c) CONSTRUCTION OR ALTERATION BY CON- on Environment and Public Works of the Senate (1) IN GENERAL.—The Administrator may not TRACT.—The Administrator may carry out any and the Committee on Transportation and In- lease space to accommodate any of the following construction or alteration authorized by this frastructure of the House of Representatives if the average rental cost of leasing the space chapter by contract if the Administrator con- adopt resolutions approving the purpose for will exceed $1,500,000: siders it to be most advantageous to the Govern- which the appropriation is made: (A) Computer and telecommunications oper- ment. (1) An appropriation to construct, alter, or ac- ations. quire any building to be used as a public build- § 3306. Accommodating federal agencies (B) Secure or sensitive activities related to the ing which involves a total expenditure in excess national defense or security, except when it (a) DEFINITIONS.—In this section— of $1,500,000, so that the equitable distribution would be inappropriate to locate those activities (1) COMMERCIAL ACTIVITIES.—The term ‘‘com- of public buildings throughout the United States in a public building or other facility identified mercial activities’’ includes the operations of with due regard for the comparative urgency of with the Government. restaurants, food stores, craft stores, dry goods need for the buildings, except as provided in sec- (C) A permanent courtroom, judicial chamber, stores, financial institutions, and display facili- tion 3305(b) of this title, is ensured. or administrative office for any United States ties. (2) An appropriation to lease any space at an court. (2) CULTURAL ACTIVITIES.—The term ‘‘cultural average annual rental in excess of $1,500,000 for (2) EXCEPTION.—The Administrator may lease activities’’ includes film, dramatic, dance, and use for public purposes. space with respect to which paragraph (1) ap- musical presentations, and fine art exhibits, (3) An appropriation to alter any building, or plies if the Administrator— whether or not those activities are intended to part of the building, which is under lease by the (A) decides, for reasons set forth in writing, make a profit. Federal Government for use for a public purpose that leasing the space is necessary to meet re- (3) EDUCATIONAL ACTIVITIES.—The terms if the cost of the alteration will exceed $750,000. quirements which cannot be met in public build- ‘‘educational activities’’ includes the operations (b) TRANSMISSION TO CONGRESS OF PRO- ings; and of libraries, schools, day care centers, labora- SPECTUS OF PROPOSED PROJECT.—To secure con- (B) submits the reasons to the Committee on tories, and lecture and demonstration facilities. sideration for the approval referred to in sub- Environment and Public Works of the Senate (4) HISTORICAL, ARCHITECTURAL, OR CULTURAL section (a), the Administrator of General Serv- and the Committee on Transportation and In- SIGNIFICANCE.—The term ‘‘historical, architec- ices shall transmit to Congress a prospectus of frastructure of the House of Representatives. tural, or cultural significance’’ includes build- the proposed facility, including— (g) DOLLAR AMOUNT ADJUSTMENT.—The Ad- ings listed or eligible to be listed on the National (1) a brief description of the building to be ministrator annually may adjust any dollar Register established under section 101 of the Na- constructed, altered, or acquired, or the space to amount referred to in this section to reflect a tional Historic Preservation Act (16 U.S.C. be leased, under this chapter; percentage increase or decrease in construction 470a). (2) the location of the building or space to be costs during the prior calendar year, as deter- (5) RECREATIONAL ACTIVITIES.—The term ‘‘rec- leased and an estimate of the maximum cost to mined by the composite index of construction reational activities’’ includes the operations of the Government of the facility to be constructed, costs of the Department of Commerce. Any ad- gymnasiums and related facilities. altered, or acquired, or the space to be leased; justment shall be expeditiously reported to the (6) UNIT OF GENERAL LOCAL GOVERNMENT.— (3) a comprehensive plan for providing space Committee on Environment and Public Works of The term ‘‘unit of general local government’’ for all Government officers and employees in the the Senate and the Committee on Transpor- means a city, county, town, parish, village, or locality of the proposed facility or the space to tation and Infrastructure of the House of Rep- other general-purpose political subdivision of a be leased, having due regard for suitable space resentatives. State. which may continue to be available in existing (b) DUTIES OF ADMINISTRATOR.—To carry out Government-owned or occupied buildings, espe- § 3308. Architectural or engineering services the duties of the Administrator of General Serv- cially those buildings that enhance the architec- (a) EMPLOYMENT BY ADMINISTRATOR.—When ices under sections 581(h), 584(b), 3303(c), and tural, historical, social, cultural, and economic the Administrator of General Services decides it 3307(b)(3) and (5) of this title and under any environment of the locality; to be necessary, the Administrator may employ,

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.028 pfrm01 PsN: H11PT1 H3344 CONGRESSIONAL RECORD — HOUSE June 11, 2002 by contract or otherwise, without regard to (4) on completion of the building, shall evalu- (C) shall permit inspection by the officials chapters 33 and 51 and subchapter III of chap- ate the building to determine the extent of fail- during construction or alteration of the build- ter 53 of title 5, civil service rules and regula- ure to comply with the specifications referred to ing, in accordance with the customary schedule tions, or section 3709 of the Revised Statutes (41 in clause (1); and of inspections for construction or alteration of U.S.C. 5), the services of established architec- (5) shall ensure that any contract entered into buildings in the locality, if the officials provide tural or engineering corporations, firms, or indi- for the building shall contain provisions permit- to the Administrator or the head of the federal viduals, to the extent the Administrator may re- ting a reduction of rent during any period when agency— quire those services for any public building au- the building is not in compliance with the speci- (i) a copy of the schedule before construction thorized to be constructed or altered under this fications. of the building is begun; and chapter. § 3311. State administration of criminal and (ii) reasonable notice of their intention to con- (b) EMPLOYMENT ON PERMANENT BASIS NOT health and safety laws duct any inspection before conducting the in- PERMITTED.—A corporation, firm, or individual When the Administrator of General Services spection. shall not be employed under authority of sub- considers it desirable, the Administrator may as- (2) LIMITATION ON RESPONSIBILITIES.—This section (a) on a permanent basis. sign to a State or a territory or possession of the section does not impose an obligation on any (c) RESPONSIBILITY OF ADMINISTRATOR.—Not- United States any part of the authority of the State or political subdivision to take any action withstanding any other provision of this sec- Federal Government to administer criminal laws under paragraph (1). tion, the Administrator is responsible for all and health and safety laws with respect to land (e) STATE AND LOCAL GOVERNMENT REC- construction authorized by this chapter, includ- or an interest in land under the control of the OMMENDATIONS.—Appropriate officials of a ing the interpretation of construction contracts, Administrator and located in the State, terri- State or political subdivision of a State may approval of material and workmanship supplied tory, or possession. Assignment of authority make recommendations to the Administrator or under a construction contract, approval of under this section may be accomplished by filing the head of the federal agency authorized to changes in the construction contract, certifi- with the chief executive officer of the State, ter- construct or alter a building concerning meas- cation of vouchers for payments due the con- ritory, or possession a notice of assignment to ures necessary to meet the requirements of sub- tractor, and final settlement of the contract. take effect on acceptance, or in another manner sections (b) and (c). The officials also may make § 3309. Buildings and sites in the District of as may be prescribed by the laws of the State, recommendations to the Administrator or the Columbia territory, or possession in which the land or in- head of the federal agency concerning measures (a) IN GENERAL.—The purposes of this chapter terest is located. which should be taken in the construction or al- shall be carried out in the District of Columbia § 3312. Compliance with nationally recog- teration of the building to take into account as nearly as may be practicable in harmony nized codes local conditions. The Administrator or the head with the plan of Peter Charles L’Enfant. Public of the agency shall give due consideration to the (a) APPLICATION.— buildings shall be constructed or altered to com- (1) IN GENERAL.—This section applies to any recommendations. bine architectural beauty with practical utility. project for construction or alteration of a build- (f) EFFECT OF NONCOMPLIANCE.—An action (b) CLOSING OF STREETS AND ALLEYS.—When ing for which amounts are first appropriated for may not be brought against the Federal Govern- the Administrator of General Services decides a fiscal year beginning after September 30, 1989. ment and a fine or penalty may not be imposed that constructing or altering a public building (2) NATIONAL SECURITY WAIVER.—This section against the Government for failure to meet the under this chapter in the District of Columbia does not apply to a building for which the Ad- requirements of subsection (b), (c), or (d) or for requires using contiguous squares as a site for ministrator of General Services or the head of failure to carry out any recommendation under the building, parts of streets that lie between the the federal agency authorized to construct or subsection (e). squares, and alleys that intersect the squares, alter the building decides that the application of (g) LIMITATION ON LIABILITY.—The Govern- may be closed and vacated if agreed to by the this section to the building would adversely af- ment and its contractors shall not be required to Administrator, the Council of the District of Co- fect national security. A decision under this pay any amount for any action a State or a po- lumbia, and the National Capital Planning subsection is not subject to administrative or ju- litical subdivision of a State takes to carry out Commission. Those streets and alleys become dicial review. this section, including reviewing plans, carrying part of the site. (b) BUILDING CODES.—Each building con- out on-site inspections, issuing building permits, (c) CONSULTATIONS PRIOR TO ACQUISITIONS.— structed or altered by the General Services Ad- and making recommendations. (1) WITH HOUSE OFFICE BUILDING COMMIS- ministration or any other federal agency shall § 3313. Delegation SION.—The Administrator must consult with the be constructed or altered, to the maximum ex- House Office Building Commission created by (a) WHEN ALLOWED.—Except for the authority tent feasible as determined by the Administrator the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), contained in section 3305(b) of this title, the car- or the head of the federal agency, in compliance before the Administrator may acquire land lo- rying out of the duties and powers of the Ad- with one of the nationally recognized model cated south of Independence Avenue, between ministrator of General Services under this chap- building codes and with other applicable na- Third Street SW and Eleventh Street SE, in the ter, in accordance with standards the Adminis- tionally recognized codes, including electrical District of Columbia, for use as a site or an ad- trator prescribes— codes, fire and life safety codes, and plumbing dition to a site. (1) shall be delegated on request to the appro- codes, as the Administrator decides is appro- (2) WITH ARCHITECT OF CAPITOL.—The Admin- priate executive agency when the estimated cost istrator must consult with the Architect of the priate. In carrying out this subsection, the Ad- of the project does not exceed $100,000; and Capitol before the Administrator may acquire ministrator or the head of the federal agency (2) may be delegated to the appropriate execu- land located in the area extending from the shall use the latest edition of the nationally rective agency when the Administrator determines United States Capitol Grounds to Eleventh ognized codes. that delegation will promote efficiency and (c) ZONING LAWS.—Each building constructed Street NE and SE and bounded by Independence economy. or altered by the Administration or any other Avenue on the south and G Street NE on the (b) NO EXEMPTION FROM OTHER PROVISIONS federal agency shall be constructed or altered north, in the District of Columbia, for use as a OF CHAPTER.—Delegation under subsection (a) only after consideration of all requirements (ex- site or an addition to a site. does not exempt the person to whom the delega- cept procedural requirements) of the following (d) CONTRACTS FOR EVENTS IN STADIUM.—Not- tion is made, or the carrying out of the dele- withstanding the District of Columbia Stadium laws of a State or a political subdivision of a gated duty or power, from any other provision Act of 1957 (Public Law 85–300, 71 Stat. 619) or State, which would apply to the building if it of this chapter. any other provision of law, the Armory Board were not a building constructed or altered by a § 3314. Report to Congress may make contracts to conduct events in Robert federal agency: (1) Zoning laws. (a) REQUEST BY EITHER HOUSE OF CONGRESS F. Kennedy Stadium. (2) Laws relating to landscaping, open space, OR ANY COMMITTEE.—Within a reasonable time § 3310. Special rules for leased buildings minimum distance of a building from the prop- after a request of either House of Congress or For any building to be constructed for lease erty line, maximum height of a building, historic any committee of Congress, the Administrator of to, and for predominant use by, the Federal preservation, esthetic qualities of a building, General Services shall submit a report showing Government, the Administrator of General and other similar laws. the location, space, cost, and status of each Services— (d) COOPERATION WITH STATE AND LOCAL OF- public building the construction, alteration, or (1) notwithstanding section 585(a)(1) of this FICIALS.— acquisition of which— title, shall not make any agreement or under- (1) STATE AND LOCAL GOVERNMENT CONSULTA- (1) is to be under authority of this chapter; take any commitment which will result in the TION, REVIEW, AND INSPECTIONS.—To meet the and construction of the building until the Adminis- requirements of subsections (b) and (c), the Ad- (2) was uncompleted as of the date of the re- trator has established detailed specification re- ministrator or the head of the federal agency quest, or as of another date the request may des- quirements for the building; authorized to construct or alter the building— ignate. (2) may acquire a leasehold interest in the (A) in preparing plans for the building, shall (b) REQUEST OF COMMITTEE ON PUBLIC WORKS building only by the use of competitive proce- consult with appropriate officials of the State or AND ENVIRONMENT OR COMMITTEE ON TRANS- dures required by section 303 of the Federal political subdivision of a State, or both, in PORTATION AND INFRASTRUCTURE.—The Admin- Property and Administrative Services Act of 1949 which the building will be located; istrator and the United States Postal Service (41 U.S.C. 253); (B) on request shall submit the plans in a shall make building project surveys requested by (3) shall inspect every building during con- timely manner to the officials for review by the resolution by the Committee on Environment struction to establish that the specifications es- officials for a reasonable period of time not ex- and Public Works of the Senate or the Com- tablished for the building are complied with; ceeding 30 days; and mittee on Transportation and Infrastructure of

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.029 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3345 the House of Representatives, and within a rea- and Urban Development to provide amounts for (B) not including an employee employed as a sonable time shall make a report on the survey advances under this chapter. The fund com- seaman. to Congress. The report shall contain all other prises amounts appropriated under this chapter (3) EXCEPTIONS.— information required to be included in a pro- and all repayments and other receipts received (A) THIS CHAPTER.—This chapter does not spectus of the proposed public building project in connection with advances made under this apply to— under section 3307(b) of this title. chapter. (i) a contract for— § 3315. Certain authority not affected (b) AUTHORIZATIONS.—Not more than (I) transportation by land, air, or water; (II) the transmission of intelligence; or This chapter does not limit or repeal the au- $70,000,000 may be appropriated to the revolving (III) the purchase of supplies or materials or thority conferred by law on the United States fund as necessary to carry out the purposes of this chapter. articles ordinarily available in the open market; Postal Service. (ii) any work required to be done in accord- § 3504. Surveys of public works planning CHAPTER 35—NON-FEDERAL PUBLIC ance with the provisions of the Walsh-Healey WORKS The Secretary of Housing and Urban Develop- Act (41 U.S.C. 35 et seq.); and Sec. ment may use during a fiscal year not more (iii) a contract in an amount that is not great- 3501. Definitions. than $100,000 of the amount in the revolving er than $100,000. 3502. Planned public works. fund established under section 3503 of this title (B) SECTION 3902.—Section 3902 of this title 3503. Revolving fund. to conduct surveys of the status and current does not apply to work where the assistance de- 3504. Surveys of public works planning. volume of state and local public works planning scribed in subsection (a)(2)(C) from the Govern- 3505. Forgiveness of outstanding advances. and surveys of estimated requirements for state ment or an agency or instrumentality is only a § 3501. Definitions and local public works. In conducting a survey, loan guarantee or insurance. the Secretary, may use or act through any de- In this chapter, the following definitions § 3702. Work hours apply: partment or agency of the Federal Government, (1) PUBLIC AGENCY.—The term ‘‘public agen- with the consent of the department or agency. (a) STANDARD WORKWEEK.—The wages of every laborer and mechanic employed by any cy’’ means a State or a public agency or polit- § 3505. Forgiveness of outstanding advances contractor or subcontractor in the performance ical subdivision of a State. In accordance with accounting and other pro- (2) PUBLIC WORKS.—The term ‘‘public works’’ of work on a contract described in section 3701 cedures the Secretary of Housing and Urban De- includes any public works other than housing. of this title shall be computed on the basis of a velopment prescribes, each advance made by the (3) STATE.—The term ‘‘State’’ means a State of standard workweek of 40 hours. Work in excess Secretary under this chapter that had any prin- the United States, the District of Columbia, of the standard workweek is permitted subject to cipal amount outstanding on February 5, 1988, Puerto Rico, Guam, the Virgin Islands, the this section. For each workweek in which the was forgiven. The terms and conditions of any Northern Mariana Islands, the Federated States laborer or mechanic is so employed, wages in- contract, or any amendment to a contract, for of Micronesia, the Marshall Islands, Palau, and clude compensation, at a rate not less than one that advance with respect to any promise to any territory or possession of the United States. and one-half times the basic rate of pay, for all repay the advance were canceled. § 3502. Planned public works hours worked in excess of 40 hours in the work- CHAPTER 37—CONTRACT WORK HOURS week. (a) ADVANCES TO ENSURE PLANNING.—Not- AND SAFETY STANDARDS (b) CONTRACT REQUIREMENTS.—A contract de- withstanding section 3324(a) and (b) of title 31, scribed in section 3701 of this title, and any obli- the Secretary of Housing and Urban Develop- Sec. gation of the Federal Government, a territory of ment may make advances to public agencies and 3701. Definition and application. the United States, or the District of Columbia in Indian tribes— 3702. Work hours. connection with that contract, must provide (1) to encourage public agencies and Indian 3703. Report of violations and withholding of that— tribes to maintain at all times a current and amounts for unpaid wages and (1) a contractor or subcontractor contracting adequate reserve of planned public works the liquidated damages. for any part of the contract work which may reconstruction of which can rapidly be com- 3704. Health and safety standards in building quire or involve the employment of laborers or menced, particularly when the national or local trades and construction industry. mechanics shall not require or permit any la- economic situation makes that action desirable; 3705. Safety programs. borer or mechanic, in any workweek in which and 3706. Limitations, variations, tolerances, and (2) to help attain maximum economy and effi- exemptions. the laborer or mechanic is employed on that ciency in the planning and construction of pub- 3707. Contractor certification or contract work, to work more than 40 hours in that work- lic works. clause in acquisition of commer- week, except as provided in this chapter; and (b) USES OF ADVANCES.—A public agency or cial items not required. (2) when a violation of clause (1) occurs, the Indian tribe shall use an advance under sub- 3708. Criminal penalties. contractor and any subcontractor responsible section (a) to aid in financing the cost of feasi- § 3701. Definition and application for the violation are liable— (A) to the affected employee for the employee’s bility studies, engineering and architectural sur- (a) DEFINITION.—In this chapter, the term veys, designs, plans, working drawings, speci- unpaid wages; and ‘‘Federal Government’’ has the same meaning (B) to the Government, the District of Colum- fications, or other action preliminary to and in that the term ‘‘United States’’ had in the Con- bia, or a territory for liquidated damages as pro- preparation for the construction of public tract Work Hours and Safety Standards Act vided in the contract. works, and for construction in connection with (Public Law 87–581, 76 Stat. 357). (c) LIQUIDATED DAMAGES.—Liquidated dam- the development of a medical center, a general (b) APPLICATION.— ages under subsection (b)(2)(B) shall be com- plan for the development of the center. (1) CONTRACTS.—This chapter applies to— puted for each individual employed as a laborer (c) NO FUTURE COMMITMENT.—An advance (A) any contract that may require or involve or mechanic in violation of this chapter and under subsection (a) does not commit the Con- the employment of laborers or mechanics on a shall be equal to $10 for each calendar day on gress to appropriate amounts to assist in financ- public work of the Federal Government, a terri- which the individual was required or permitted ing the construction of any public works tory of the United States, or the District of Co- to work in excess of the standard workweek planned with the aid of that advance. Out- lumbia; and without payment of the overtime wages required standing advances to public agencies and In- (B) any other contract that may require or in- by this chapter. dian tribes in a State shall not exceed 12.5 per- volve the employment of laborers or mechanics if (d) AMOUNTS WITHHELD TO SATISFY LIABIL- cent of the aggregate then authorized to be ap- the contract is one— ITIES.—Subject to section 3703 of this title, the propriated to the revolving fund established (i) to which the Government, an agency or in- governmental agency for which the contract under section 3503 of this title. strumentality of the Government, a territory, or work is done or which is providing financial as- (d) REQUIREMENTS FOR ADVANCES.—An ad- the District of Columbia is a party; sistance for the work may withhold, or have vance shall not be made under subsection (a) for (ii) which is made for or on behalf of the Gov- withheld, from money payable because of work an individual project (including a regional, met- ernment, an agency or instrumentality, a terri- performed by a contractor or subcontractor, ropolitan, or other areawide project) unless— tory, or the District of Columbia; or amounts administratively determined to be nec- (1) the project is planned to be constructed (iii) which is a contract for work financed at essary to satisfy the liabilities of the contractor within or over a reasonable period of time con- least in part by loans or grants from, or loans or subcontractor for unpaid wages and liq- sidering the nature of the project; insured or guaranteed by, the Government or an uidated damages as provided in this section. (2) the project conforms to an overall state, agency or instrumentality under any federal local, or regional plan approved by a competent law providing wage standards for the work. § 3703. Report of violations and withholding state, local, or regional authority; and (2) LABORERS AND MECHANICS.—This chapter of amounts for unpaid wages and liq- (3) the public agency or Indian tribe formally applies to all laborers and mechanics employed uidated damages contracts with the Federal Government to com- by a contractor or subcontractor in the perform- (a) REPORTS OF INSPECTORS.—An officer or in- plete the plan preparation promptly and to ance of any part of the work under the dividual designated as an inspector of the work repay part or all of the advance when due. contract— to be performed under a contract described in (e) REGULATIONS.—The Secretary may pre- (A) including watchmen, guards, and workers section 3701 of this title, or to aid in the enforce- scribe regulations to carry out this chapter. performing services in connection with dredging ment or fulfillment of the contract, on observa- § 3503. Revolving fund or rock excavation in any river or harbor of the tion or after investigation immediately shall re- (a) ESTABLISHMENT.—There is a revolving United States, a territory, or the District of Co- port to the proper officer of the Federal Govern- fund established by the Secretary of Housing lumbia; but ment, a territory of the United States, or the

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District of Columbia all violations of this chap- (1) REORGANIZATION PLAN.—Reorganization not be awarded a contract subject to this section ter occurring in the performance of the work, to- Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 until three years have elapsed from the date the gether with the name of each laborer or me- Stat. 1267) applies to this chapter. name is transmitted to the Comptroller General. chanic who was required or permitted to work in (2) SECTION 3145.—Section 3145 of this title ap- The Secretary shall terminate the ban if, before violation of this chapter and the day the viola- plies to contractors and subcontractors referred the end of the three-year period, the Secretary, tion occurred. to in section 3145 who are engaged in the per- after affording interested persons due notice (b) WITHHOLDING AMOUNTS.— formance of contracts subject to this chapter. and an opportunity for a hearing, is satisfied (1) DETERMINING AMOUNT.—The amount of § 3704. Health and safety standards in build- that a contractor or subcontractor whose name unpaid wages and liquidated damages owing ing trades and construction industry was transmitted to the Comptroller General will under this chapter shall be determined adminis- comply responsibly with the requirements of this (a) CONDITION OF CONTRACTS.— tratively. section. The Comptroller General shall inform (1) IN GENERAL.—Each contract in an amount (2) AMOUNT DIRECTED TO BE WITHHELD.—The all Government agencies after being informed of officer or individual whose duty it is to approve greater than $100,000 that is entered into under legislation subject to Reorganization Plan Num- the Secretary’s action. the payment of money by the Government, terri- (3) JUDICIAL REVIEW.—A person aggrieved by bered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) tory, or District of Columbia in connection with the Secretary’s action under this subsection or and is for construction, alteration, and repair, the performance of the contract work shall di- subsection (b) may file with the appropriate including painting and decorating, must provide rect the amount of— United States court of appeals a petition for re- that no contractor or subcontractor contracting (A) liquidated damages to be withheld for the view of the Secretary’s action within 60 days for any part of the contract work shall require use and benefit of the Government, territory, or after receiving notice of the Secretary’s action. any laborer or mechanic employed in the per- District; and The clerk of the court immediately shall send a formance of the contract to work in sur- (B) unpaid wages to be withheld for the use copy of the petition to the Secretary. The Sec- roundings or under working conditions that are and benefit of the laborers and mechanics who retary then shall file with the court the record unsanitary, hazardous, or dangerous to health were not compensated as required under this on which the action is based. The findings of or safety, as established under construction chapter. fact by the Secretary, if supported by substan- safety and health standards the Secretary of (3) PAYMENT.—The Comptroller General shall tial evidence, are final. The court may enter a Labor prescribes by regulation based on pro- pay the amount administratively determined to decree enforcing, modifying, modifying and en- ceedings pursuant to section 553 of title 5, probe due directly to the laborers and mechanics forcing, or setting aside any part of, the order of vided that the proceedings include a hearing from amounts withheld on account of underpay- the Secretary or the appropriate Government similar in nature to that authorized by section ments of wages if the amount withheld is ade- agency. The judgment of the court may be re- 553. quate. If the amount withheld is not adequate, viewed by the Supreme Court as provided in sec- (2) CONSULTATION.—In formulating standards the Comptroller General shall pay an equitable tion 1254 of title 28. under this section, the Secretary shall consult proportion of the amount due. (d) ADVISORY COMMITTEE ON CONSTRUCTION with the Advisory Committee created by sub- (c) RIGHT OF ACTION AND INTERVENTION SAFETY AND HEALTH.— AGAINST CONTRACTORS AND SURETIES.—If the section (d) of this section. (1) ESTABLISHMENT.—There is an Advisory accrued payments withheld under the terms of (b) COMPLIANCE.— Committee on Construction Safety and Health the contract are insufficient to reimburse all the (1) ACTIONS TO GAIN COMPLIANCE.—The Sec- in the Department of Labor. laborers and mechanics who have not been paid retary may make inspections, hold hearings, (2) COMPOSITION.—The Committee is composed the wages required under this chapter, the la- issue orders, and make decisions based on find- of nine members appointed by the Secretary, borers and mechanics, in the case of a depart- ings of fact as the Secretary considers necessary without regard to chapter 33 of title 5, as fol- ment or agency of the Government, have the to gain compliance with this section and any lows: same right of action and intervention against health and safety standard the Secretary pre- (A) Three members shall be individuals rep- the contractor and the contractor’s sureties as is scribes under subsection (a). For those purposes resentative of contractors to whom this section conferred by law on persons furnishing labor or the Secretary and the United States district applies. materials. In those proceedings it is not a de- courts have the authority and jurisdiction pro- (B) Three members shall be individuals rep- fense that the laborers and mechanics accepted vided by sections 4 and 5 of the Walsh-Healey resentative of employees primarily in the build- or agreed to accept less than the required rate of Act (41 U.S.C. 38, 39). ing trades and construction industry engaged in wages or voluntarily made refunds. (2) REMEDY WHEN NONCOMPLIANCE FOUND.— carrying out contracts to which this section ap- (d) REVIEW PROCESS.— When the Secretary, after an opportunity for an plies. (1) TIME LIMIT FOR APPEAL.—Within 60 days adjudicatory hearing by the Secretary, estab- (C) Three members shall be public representa- after an amount is withheld as liquidated dam- lishes noncompliance under this section of any tives who shall be selected on the basis of their ages, any contractor or subcontractor aggrieved condition of a contract described in— professional and technical competence and ex- by the withholding may appeal to the head of (A) section 3701(b)(1)(B)(i) or (ii) of this title, perience in the construction health and safety the agency of the Government or territory for the governmental agency for which the contract field. which the contract work is done or which is pro- work is done may cancel the contract and make (3) CHAIRMAN.—The Secretary shall appoint viding financial assistance for the work, or to other contracts for the completion of the con- one member as Chairman. the Mayor of the District of Columbia in the tract work, charging any additional cost to the (4) DUTIES.—The Committee shall advise the case of liquidated damages withheld for the use original contractor; or Secretary— and benefit of the District. (B) section 3701(b)(1)(B)(iii) of this title, the (A) in formulating construction safety and (2) REVIEW BY AGENCY HEAD OR MAYOR.—The governmental agency which is providing the fi- health standards and other regulations; and (B) on policy matters arising in carrying out agency head or Mayor may review the adminis- nancial guarantee, assistance, or insurance for this section. trative determination of liquidated damages. the contract work may withhold the guarantee, (5) EXPERTS AND CONSULTANTS.—The Sec- The agency head or Mayor may issue a final assistance, or insurance attributable to the per- retary may appoint special advisory and tech- order affirming the determination or may rec- formance of the contract. nical experts or consultants as may be necessary ommend to the Secretary of Labor that an ap- (3) NONAPPLICABILITY.—Section 3703 of this title does not apply to the enforcement of this to carry out the functions of the Committee. propriate adjustment in liquidated damages be (6) COMPENSATION AND EXPENSES.—Committee section. made, or that the contractor or subcontractor be members are entitled to receive compensation at (c) REPEATED VIOLATIONS.— relieved of liability for the liquidated damages, rates the Secretary fixes, but not more than $100 (1) TRANSMITTAL OF NAMES OF REPEAT VIOLA- if it is found that the amount is incorrect or a day, including traveltime, when performing TORS TO COMPTROLLER GENERAL.—When the that the contractor or subcontractor violated Committee business, and expenses under section Secretary, after an opportunity for an agency this chapter inadvertently, notwithstanding the 5703 of title 5. exercise of due care by the contractor or subcon- hearing, decides on the record that, by repeated tractor and the agents of the contractor or sub- willful or grossly negligent violations of this § 3705. Safety programs contractor. chapter, a contractor or subcontractor has dem- The Secretary of Labor shall— (3) REVIEW BY SECRETARY.—The Secretary onstrated that subsection (b) is not effective to (1) provide for the establishment and super- shall review all pertinent facts in the matter and protect the safety and health of the employees vision of programs for the education and train- may conduct any investigation the Secretary of the contractor or subcontractor, the Secretary ing of employers and employees in the recogni- considers necessary in order to affirm or reject shall make a finding to that effect and, not tion, avoidance, and prevention of unsafe work- the recommendation. The decision of the Sec- sooner than 30 days after giving notice of the ing conditions in employment covered by this retary is final. finding to all interested persons, shall transmit chapter; and (4) JUDICIAL ACTION.—A contractor or subcon- the name of the contractor or subcontractor to (2) collect reports and data and consult with tractor aggrieved by a final order for the with- the Comptroller General. and advise employers as to the best means of holding of liquidated damages may file a claim (2) BAN ON AWARDING CONTRACTS.—The Comp- preventing injuries. in the United States Court of Federal Claims troller General shall distribute each name trans- § 3706. Limitations, variations, tolerances, within 60 days after the final order. A final mitted under paragraph (1) to all agencies of the and exemptions order of the agency head, Mayor, or Secretary is Federal Government. Unless the Secretary oth- The Secretary of Labor may provide reason- conclusive with respect to findings of fact if erwise recommends, the contractor, subcon- able limitations to, and may prescribe regula- supported by substantial evidence. tractor, or any person in which the contractor tions allowing reasonable variations to, toler- (e) APPLICABILITY OF OTHER LAWS.— or subcontractor has a substantial interest may ances from, and exemptions from, this chapter

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.030 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3347 that the Secretary may find necessary and prop- Southwest, Second Street Northeast from F (i) may not carry on or have readily accessible er in the public interest to prevent injustice or Street Northeast to C Street Southeast; C Street to any individual on the Grounds or in any of undue hardship or to avoid serious impairment Southeast from Second Street Southeast to First the Capitol Buildings a firearm, a dangerous of the conduct of Federal Government business. Street Southeast; that portion of Maryland Ave- weapon, explosives, or an incendiary device; § 3707. Contractor certification or contract nue Northeast from Second Street Northeast to (ii) may not discharge a firearm or explosives, clause in acquisition of commercial items First Street Northeast; that portion of New Jer- use a dangerous weapon, or ignite an incen- not required sey Avenue Northwest from D Street Northwest diary device, on the Grounds or in any of the to Louisiana Avenue; that portion of Second Capitol Buildings; or In a contract to acquire a commercial item (as Street Southwest from the north curb of D Street (iii) may not transport on the Grounds or in defined in section 4 of the Office of Federal Pro- to the south curb of Virginia Avenue Southwest; any of the Capitol Buildings explosives or an in- curement Policy Act (41 U.S.C. 403)), a certifi- that portion of Virginia Avenue Southwest from cendiary device; or cation by a contractor or a contract clause may the east curb of Second Street Southwest to the (B) may not knowingly, with force and vio- not be required to implement a prohibition or re- west curb of Third Street Southwest; that por- lence, enter or remain on the floor of either quirement in this chapter. tion of Third Street Southwest from the south House of Congress. § 3708. Criminal penalties curb of Virginia Avenue Southwest to the north (2) VIOLENT ENTRY AND DISORDERLY CON- A contractor or subcontractor having a duty curb of D Street Southwest; that portion of D DUCT.—An individual or group of individuals to employ, direct, or control a laborer or me- Street Southwest from the west curb of Third may not willfully and knowingly— chanic employed in the performance of work Street Southwest to the east curb of Second (A) enter or remain on the floor of either contemplated by a contract to which this chap- Street Southwest; that portion of Washington House of Congress or in any cloakroom or lobby ter applies that intentionally violates this chap- Avenue Southwest, including sidewalks and adjacent to that floor, in the Rayburn Room of ter shall be fined under title 18, imprisoned for traffic islands, from the south curb of Independ- the House of Representatives, or in the Marble not more than six months, or both. ence Avenue Southwest to the west curb of Room of the Senate, unless authorized to do so PART B—UNITED STATES CAPITOL South Capitol Street. pursuant to rules adopted, or an authorization (B) REPAIR AND MAINTENANCE OF UTILITY given, by that House; CHAPTER 51—UNITED STATES CAPITOL (B) enter or remain in the gallery of either BUILDINGS AND GROUNDS SERVICES.—The Mayor may enter any part of the Grounds to repair or maintain or, subject to House of Congress in violation of rules gov- Sec. the approval of the Architect, construct or alter, erning admission to the gallery adopted by that 5101. Definition. any utility service of the District of Columbia House or pursuant to an authorization given by 5102. Legal description and jurisdiction of Government. that House; United States Capitol Grounds. (C) with the intent to disrupt the orderly con- § 5103. Restrictions on public use of United 5103. Restrictions on public use of United duct of official business, enter or remain in a States Capitol Grounds States Capitol Grounds. room in any of the Capitol Buildings set aside or 5104. Unlawful activities. Public travel in, and occupancy of, the United designated for the use of either House of Con- 5105. Assistance to authorities by Capitol em- States Capitol Grounds is restricted to the roads, gress or a Member, committee, officer, or employees. walks, and places prepared for that purpose. ployee of Congress or either House of Congress; 5106. Suspension of prohibitions. § 5104. Unlawful activities (D) utter loud, threatening, or abusive lan- 5107. Concerts on grounds. (a) DEFINITIONS.—In this section— guage, or engage in disorderly or disruptive con- 5108. Audit of private organizations. (1) ACT OF PHYSICAL VIOLENCE.—The term duct, at any place in the Grounds or in any of 5109. Penalties. ‘‘act of physical violence’’ means any act the Capitol Buildings with the intent to impede, § 5101. Definition involving— disrupt, or disturb the orderly conduct of a ses- In this chapter, the term ‘‘Capitol Buildings’’ (A) an assault or other infliction or threat of sion of Congress or either House of Congress, or means the United States Capitol, the Senate and infliction of death or bodily harm on an indi- the orderly conduct in that building of a hear- House Office Buildings and garages, the Capitol vidual; or ing before, or any deliberations of, a committee Power Plant, all subways and enclosed passages (B) damage to, or destruction of, real or per- of Congress or either House of Congress; connecting two or more of those structures, and sonal property. (E) obstruct, or impede passage through or the real property underlying and enclosed by (2) DANGEROUS WEAPON.—The term ‘‘dan- within, the Grounds or any of the Capitol any of those structures. gerous weapon’’ includes— Buildings; (A) all articles enumerated in section 14(a) of (F) engage in an act of physical violence in § 5102. Legal description and jurisdiction of the Act of July 8, 1932 (ch. 465, 47 Stat. 654); and the Grounds or any of the Capitol Buildings; or United States Capitol Grounds (B) a device designed to expel or hurl a projec- (G) parade, demonstrate, or picket in any of (a) LEGAL DESCRIPTION.—The United States tile capable of causing injury to individuals or the Capitol Buildings. Capitol Grounds comprises all squares, reserva- property, a dagger, a dirk, a stiletto, and a (3) EXEMPTION OF GOVERNMENT OFFICIALS.— tions, streets, roadways, walks, and other areas knife having a blade over three inches in length. This subsection does not prohibit any act per- as defined on a map entitled ‘‘Map showing (3) EXPLOSIVES.—The term ‘‘explosives’’ has formed in the lawful discharge of official duties areas comprising United States Capitol the meaning given that term in section 841(d) of by— Grounds’’, dated June 25, 1946, approved by the title 18. (A) a Member of Congress; Architect of the Capitol, and recorded in the Of- (4) FIREARM.—The term ‘‘firearm’’ has the (B) an employee of a Member of Congress; fice of the Surveyor of the District of Columbia meaning given that term in section 921(3) of title (C) an officer or employee of Congress or a in book 127, page 8, including all additions 18. committee of Congress; or added by law after June 25, 1946. (b) OBSTRUCTION OF ROADS.—A person may (D) an officer or employee of either House of (b) JURISDICTION.— not occupy the roads in the United States Cap- Congress or a committee of that House. (1) ARCHITECT OF THE CAPITOL.—The jurisdic- itol Grounds in a manner that obstructs or (f) PARADES, ASSEMBLAGES, AND DISPLAY OF tion and control over the Grounds, vested prior hinders their proper use, or use the roads in the FLAGS.—Except as provided in section 5106 of to July 31, 1946, by law in the Architect, is ex- area of the Grounds, south of Constitution Ave- this title, a person may not— tended to the entire area of the Grounds. Except nue and B Street and north of Independence (1) parade, stand, or move in processions or as provided in paragraph (2), the Architect is re- Avenue and B Street, to convey goods or mer- assemblages in the Grounds; or sponsible for the maintenance and improvement chandise, except to or from the United States (2) display in the Grounds a flag, banner, or of the Grounds, including those streets and Capitol on Federal Government service. device designed or adapted to bring into public roadways in the Grounds as shown on the map (c) SALE OF ARTICLES, DISPLAY OF SIGNS, AND notice a party, organization, or movement. referred to in subsection (a) as being under the SOLICITATIONS.—A person may not carry out § 5105. Assistance to authorities by Capitol jurisdiction and control of the Commissioners of any of the following activities in the Grounds: employees the District of Columbia. (1) offer or expose any article for sale. Each individual employed in the service of the (2) MAYOR OF THE DISTRICT OF COLUMBIA.— (2) display a sign, placard, or other form of Federal Government in the United States Cap- (A) IN GENERAL.—The Mayor of the District of advertisement. itol or within the United States Capitol Grounds Columbia is responsible for the maintenance and (3) solicit fares, alms, subscriptions, or con- shall prevent, as far as may be in the individ- improvement of those portions of the following tributions. ual’s power, a violation of a provision of this streets which are situated between the curblines (d) INJURIES TO PROPERTY.—A person may not chapter or section 9, 9A, 9B, 9C, or 14 of the Act of those streets: Constitution Avenue from Sec- step or climb on, remove, or in any way injure of July 31, 1946 (ch. 707, 60 Stat. 719, 720), and ond Street Northeast to Third Street Northwest, any statue, seat, wall, fountain, or other erec- shall aid the police in securing the arrest and First Street from D Street Northeast to D Street tion or architectural feature, or any tree, shrub, conviction of the individual violating the provi- Southeast, D Street from First Street Southeast plant, or turf, in the Grounds. sion. to Washington Avenue Southwest, and First (e) CAPITOL GROUNDS AND BUILDINGS SECU- Street from the north side of Louisiana Avenue RITY.— § 5106. Suspension of prohibitions to the intersection of C Street and Washington (1) FIREARMS, DANGEROUS WEAPONS, EXPLO- (a) AUTHORITY TO SUSPEND.—To allow the ob- Avenue Southwest, Pennsylvania Avenue SIVES, OR INCENDIARY DEVICES.—An individual servance in the United States Capitol Grounds Northwest from First Street Northwest to Third or group of individuals— of occasions of national interest becoming the Street Northwest, Maryland Avenue Southwest (A) except as authorized by regulations pre- cognizance and entertainment of Congress, the from First Street Southwest to Third Street scribed by the Capitol Police Board— President of the Senate and the Speaker of the

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House of Representatives concurrently may sus- (3) AMOUNT OF PENALTY.— The penalty which § 6102. Regulations pend any of the prohibitions contained in sec- may be imposed on a person convicted in an ac- (a) AUTHORITY OF THE MARSHAL.—In addition tions 5103 and 5104 of this title that would pre- tion under this subsection is the highest penalty to the restrictions and requirements specified in vent the use of the roads and walks within the authorized by any of the laws the defendant is subchapter IV, the Marshal of the Supreme Grounds by processions or assemblages, and the convicted of violating. Court may prescribe regulations, approved by use in the Grounds of suitable decorations, PART C—FEDERAL BUILDING COMPLEXES the Chief Justice of the United States, that are music, addresses, and ceremonies, if responsible necessary for— CHAPTER 61—UNITED STATES SUPREME officers have been appointed and the President (1) the adequate protection of the Supreme COURT BUILDING AND GROUNDS and the Speaker determine that adequate ar- Court Building and grounds and of individuals rangements have been made to maintain suit- SUBCHAPTER I—GENERAL and property in the Building and grounds; and able order and decorum in the proceedings and Sec. (2) the maintenance of suitable order and de- to guard the United States Capitol and its 6101. Definitions and application. corum within the Building and grounds. grounds from injury. 6102. Regulations. (b) POSTING REQUIREMENT.—All regulations prescribed under this section shall be posted in (b) POWER TO SUSPEND PROHIBITIONS IN AB- SUBCHAPTER II—BUILDINGS AND a public place at the Building and shall be made SENCE OF PRESIDENT OR SPEAKER.—If either the GROUNDS President or Speaker is absent from the District reasonably available to the public in writing. 6111. Supreme Court Building. of Columbia, the authority to suspend devolves SUBCHAPTER II—BUILDINGS AND 6112. Supreme Court Building and grounds em- on the other officer. If both officers are absent, GROUNDS ployees. the authority devolves on the Capitol Police 6113. Duties of the Superintendent of the Su- § 6111. Supreme Court Building Board. preme Court Building. (a) IN GENERAL.— (c) AUTHORITY OF MAYOR TO PERMIT USE OF 6114. Oliver Wendell Holmes Garden. (1) STRUCTURAL AND MECHANICAL CARE.—The LOUISIANA AVENUE.—Notwithstanding sub- Architect of the Capitol shall have charge of the section (a) and section 5104(f) of this title, the SUBCHAPTER III—POLICING AUTHORITY structural and mechanical care of the Supreme Capitol Police Board may grant the Mayor of 6121. General. Court Building, including— the District of Columbia authority to permit the 6122. Designation of members of the Supreme (A) the care and maintenance of the grounds; use of Louisiana Avenue for any of the purposes Court Police. and prohibited by section 5104(f). 6123. Authority of Metropolitan Police of the (B) the supplying of all mechanical fur- § 5107. Concerts on grounds District of Columbia. nishings and mechanical equipment for the Building. Sections 5102, 5103, 5104(b)–(f), 5105, 5105, and SUBCHAPTER IV—PROHIBITIONS AND (2) OPERATION AND MAINTENANCE.—The Archi- 5109 of this title and sections 9, 9A, 9B, and 9C PENALTIES tect shall direct the operation and maintenance of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 6131. Public travel in Supreme Court grounds. of the mechanical equipment and repair of the 720), do not prohibit a band in the service of the 6132. Sale of articles, signs, and solicitation in building. Federal Government from giving concerts in the Supreme Court Building and (3) CONTRACT AUTHORITY.—The Architect may United States Capitol Grounds at times which grounds. enter into all necessary contracts to carry out will not interfere with Congress and as author- 6133. Property in the Supreme Court Building this subsection. ized by the Architect of the Capitol. and grounds. (b) AVAILABILITY OF APPROPRIATIONS..— § 5108. Audit of private organizations 6134. Firearms, fireworks, speeches, and objec- Amounts appropriated under— A private organization (except a political tionable language in the Supreme (1) subsection (a) and sections 6112 and 6113 party or committee constituted for the election Court Building and grounds. of this title are available for— of federal officials), whether or not organized 6135. Parades, assemblages, and display of (A) expenses of heating and air-conditioning for profit and whether or not any of its income flags in the Supreme Court Build- refrigeration supplied by the Capitol Power inures to the benefit of any person, that per- ing and grounds. Plant, advancements for which shall be made forms services or conducts activities in the 6136. Suspension of prohibitions against use of and deposited in the Treasury to the credit of United States Capitol Buildings or Grounds is Supreme Court grounds. appropriations provided for the Capitol Power subject to a special audit of its accounts for 6137. Penalties. Plant; and (B) the purchase of electrical energy; and each year in which it performs those services or SUBCHAPTER I—GENERAL (2) the heading ‘‘SUPREME COURT OF THE conducts those activities. The Comptroller Gen- § 6101. Definitions and application UNITED STATES’’ and ‘‘CARE OF THE BUILDING eral shall conduct the audit and report the re- (a) DEFINITIONS.—In this chapter, the fol- AND GROUNDS’’ are available for— sults of the audit to the Senate and the House lowing definitions apply: (A) improvements, maintenance, repairs, of Representatives. (1) OFFICIAL GUEST OF THE SUPREME COURT.— equipment, supplies, materials, and appur- § 5109. Penalties The term ‘‘official guest of the Supreme Court’’ tenances; (a) FIREARMS, DANGEROUS WEAPONS, EXPLO- means an individual who is a guest of the Su- (B) special clothing for workers; SIVES, OR INCENDIARY DEVICE OFFENSES.—An preme Court, as determined by the Chief Justice (C) personal and other services (including individual or group violating section 5104(e)(1) of the United States or any Associate Justice of temporary labor without regard to chapter 51, of this title, or attempting to commit a violation, the Supreme Court; subchapter III of chapter 53, and subchapter III shall be fined under title 18, imprisoned for not (2) STATE.—The term ‘‘State’’ means a State of of chapter 83, of title 5); and (D) without compliance with section 3709 of more than five years, or both. the United States, the District of Columbia, the Revised Statutes (41 U.S.C. 5)— (b) OTHER OFFENSES.—A person violating sec- Puerto Rico, the Virgin Islands, Guam, the (i) for snow removal (by hire of personnel and tion 5103 or 5104(b), (c), (d), (e)(2), or (f) of this Northern Mariana Islands, the Federated States equipment or under contract); and title, or attempting to commit a violation, shall of Micronesia, the Marshall Islands, Palau, and (ii) for the replacement of electrical trans- be fined under title 18, imprisoned for not more any territory or possession of the United States; formers containing polychlorinated biphenyls. than six months, or both. and § 6112. Supreme Court Building and grounds (c) PROCEDURE.— (b) APPLICATION.—For purposes of section employees (1) IN GENERAL.—An action for a violation of 6102 of this title and subchapters III and IV, the this chapter or section 9, 9A, 9B, 9C or 14 of the Supreme Court grounds— Employees required to carry out section Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), (1) extend to the line of the face of— 6111(a) of this title shall be— including an attempt or a conspiracy to commit (A) the east curb of First Street Northeast, be- (1) appointed by the Architect of the Capitol a violation, shall be brought by the Attorney tween Maryland Avenue Northeast and East with the approval of the Chief Justice of the General in the name of the United States. This Capitol Street; United States; (2) compensated in accordance with chapter chapter and sections 9, 9A, 9B, 9C and 14 do not (B) the south curb of Maryland Avenue 51 and subchapter III of chapter 53 of title 5; supersede any provision of federal law or the Northeast, between First Street Northeast and and laws of the District of Columbia. Where the con- Second Street Northeast; (3) subject to subchapter III of chapter 83 of duct violating this chapter or section 9, 9A, 9B, (C) the west curb of Second Street Northeast, title 5. 9C or 14 also violates federal law or the laws of between Maryland Avenue Northeast and East § 6113. Duties of the Superintendent of the Su- the District of Columbia, both violations may be Capitol Street; and preme Court Building joined in a single action. (D) the north curb of East Capitol Street be- (2) VENUE.—An action under this section for a tween First Street Northeast and Second Street Except as provided in section 6111(a) of this violation of— Northeast; and title, all duties and work required for the oper- (A) section 5104(e)(1) of this title or for con- (2) comprise any property under the custody ation, domestic care, and custody of the Su- duct that constitutes a felony under federal law and control of the Supreme Court as part of the preme Court Building shall be performed under or the laws of the District of Columbia shall be Supreme Court grounds, including property ac- the direction of the Marshal of the Supreme brought in the United States District Court for quired as provided by law on behalf of the Fed- Court. The Marshal serves as the super- the District of Columbia; and eral Government in lots 2, 3, 800, 801, and 802 in intendent of the Building. (B) any other section referred to in subsection square 758 in the District of Columbia as an ad- § 6114. Oliver Wendell Holmes Garden (a) may be brought in the Superior Court of the dition to the grounds of the Supreme Court The Architect of the Capitol shall maintain District of Columbia. Building. and care for the Oliver Wendell Holmes Garden

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in accordance with the provisions of law on the tain, or other erection or architectural feature, (B) NATIONAL ZOOLOGICAL PARK.—The Na- maintenance and care of the grounds of the Su- or any tree, shrub, plant, or turf, in the Su- tional Zoological Park comprising all the build- preme Court Building. preme Court Building or grounds. ings, streets, service roads, walks, and other SUBCHAPTER III—POLICING AUTHORITY § 6134. Firearms, fireworks, speeches, and ob- areas within the boundary fence of the National Zoological Park in the District of Columbia and § 6121. General jectionable language in the Supreme Court Building and grounds including the public space between that fence (a) AUTHORITY OF MARSHAL OF THE SUPREME It is unlawful to discharge a firearm, firework and the face of the curb lines of the adjacent COURT AND SUPREME COURT POLICE.—In ac- city streets. or explosive, set fire to a combustible, make a cordance with regulations prescribed by the (C) OTHER SMITHSONIAN BUILDINGS AND harangue or oration, or utter loud, threatening, Marshal of the Supreme Court and approved by GROUNDS.—All other buildings, service roads, the Chief Justice of the United States, the Mar- or abusive language in the Supreme Court walks, and other areas within the exterior shal and the Supreme Court Police shall have Building or grounds. boundaries of any real estate or land or interest authority— § 6135. Parades, assemblages, and display of in land (including temporary use) that the (1) to police the Supreme Court Building and flags in the Supreme Court Building and Smithsonian Institution acquires and that the grounds and adjacent streets to protect individ- grounds Secretary of the Smithsonian Institution deter- uals and property; It is unlawful to parade, stand, or move in mines to be necessary for the adequate protec- (2) in any State, to protect— processions or assemblages in the Supreme Court tion of individuals or property in the Smithso- (A) the Chief Justice, any Associate Justice of Building or grounds, or to display in the Build- nian Institution and suitable for administration the Supreme Court, and any official guest of the ing and grounds a flag, banner, or device de- as a part of the Smithsonian Institution. Supreme Court; and signed or adapted to bring into public notice a (2) NATIONAL GALLERY OF ART.—The National (B) any officer or employee of the Supreme party, organization, or movement. Gallery of Art and its grounds, which extend— Court while that officer or employee is per- (A) to the line of the face of the south curb of § 6136. Suspension of prohibitions against use forming official duties; Constitution Avenue Northwest, between Sev- of Supreme Court grounds (3) while performing duties necessary to carry enth Street Northwest, and Fourth Street North- out paragraph (1) or (2), to make arrests for any To allow the observance of authorized cere- west, to the line of the face of the west curb of violation of federal or state law and any regula- monies in the Supreme Court Building and Fourth Street Northwest, between Constitution tion under federal or state law; and grounds, the Marshal of the Supreme Court may Avenue Northwest, and Madison Drive North- (4) to carry firearms as may be required while suspend for those occasions any of the prohibi- west; to the line of the face of the north curb of performing duties under section 6102 of this tions contained in this subchapter as may be Madison Drive Northwest, between Fourth title, this subchapter, and subchapter IV. necessary for the occasion if— Street Northwest, and Seventh Street Northwest; (b) ADDITIONAL REQUIREMENTS RELATED TO (1) responsible officers have been appointed; and to the line of the face of the east curb of SUBSECTION (a)(2).— and Seventh Street Northwest, between Madison (1) AUTHORIZATION TO CARRY FIREARMS.—Du- (2) the Marshal determines that adequate ar- Drive Northwest, and Constitution Avenue ties under subsection (a)(2)(A) with respect to rangements have been made— Northwest; an official guest of the Supreme Court in any (A) to maintain suitable order and decorum in (B) to the line of the face of the south curb of State (other than the District of Columbia, the proceedings; and Pennsylvania Avenue Northwest, between Maryland, and Virginia) shall be authorized in (B) to protect the Supreme Court Building and Fourth Street and Third Street Northwest, to writing by the Chief Justice or an Associate Jus- grounds and individuals and property in the the line of the face of the west curb of Third tice, if those duties require the carrying of fire- Building and grounds. Street Northwest, between Pennsylvania Avenue arms under subsection (a)(4). § 6137. Penalties and Madison Drive Northwest, to the line of the (2) TERMINATION OF AUTHORITY.—The author- (a) IN GENERAL.—An individual who violates face of the north curb of Madison Drive North- ity provided under subsection (a)(2) expires on this subchapter, or a regulation prescribed west, between Third Street and Fourth Street December 29, 2004. under section 6102 of this title, shall be fined Northwest, and to the line of the face of the east § 6122. Designation of members of the Su- under title 18, imprisoned not more than 60 curb of Fourth Street Northwest, between Penn- preme Court Police days, or both. sylvania Avenue and Madison Drive Northwest; Under the general supervision and direction (b) VENUE AND PROCEDURE.—Prosecution for and (C) to the line of the face of the south curb of of the Chief Justice of the United States, the a violation described in subsection (a) shall be Constitution Avenue Northwest, between Ninth Marshal of the Supreme Court may designate in the Superior Court of the District of Colum- Street Northwest and Seventh Street Northwest; employees of the Supreme Court as members of bia, on information by the United States Attor- to the line of the face of the west curb of Sev- the Supreme Court Police, without additional ney or an Assistant United States Attorney. (c) OFFENSES INVOLVING PROPERTY DAMAGE enth Street Northwest, between Constitution Av- compensation. OVER $100.—If during the commission of a viola- enue Northwest and Madison Drive Northwest; § 6123. Authority of Metropolitan Police of the tion described in subsection (a), public property to the line of the face of the north curb of Madi- District of Columbia is damaged in an amount exceeding $100, the pe- son Drive Northwest, between Seventh Street The Metropolitan Police of the District of Co- riod of imprisonment for the offense may be not Northwest and the line of the face of the east lumbia may make arrests within the Supreme more than five years. side of the east retaining wall of the Ninth Court Building and grounds for a violation of CHAPTER 63—SMITHSONIAN INSTITU- Street Expressway Northwest; and to the line of federal or state law or any regulation under fed- TION, NATIONAL GALLERY OF ART, AND the face of the east side of the east retaining eral or state law. This section does not author- JOHN F. KENNEDY CENTER FOR THE wall of the Ninth Street Expressway Northwest, ize the Metropolitan Police to enter the Supreme PERFORMING ARTS between Madison Drive Northwest and Con- Court Building to make an arrest in response to Sec. stitution Avenue Northwest. a complaint, serve a warrant, or patrol the Su- 6301. Definition. (3) JOHN F. KENNEDY CENTER FOR THE PER- preme Court Building or grounds, unless the 6302. Public use of grounds. FORMING ARTS.—The John F. Kennedy Center Metropolitan Police have been requested to do 6303. Unlawful activities. for the Performing Arts, which extends to the so by, or have received the consent of, the Mar- 6304. Additional regulations. line of the west face of the west retaining walls shal of the Supreme Court or an assistant to the 6305. Suspension of regulations. and curbs of the Inner Loop Freeway on the Marshal. 6306. Policing of buildings and grounds. east, the north face of the north retaining walls SUBCHAPTER IV—PROHIBITIONS AND 6307. Penalties. and curbs of the Theodore Roosevelt Bridge ap- PENALTIES § 6301. Definition proaches on the south, the east face of the east retaining walls and curbs of Rock Creek Park- § 6131. Public travel in Supreme Court In this chapter, the term ‘‘specified buildings way on the west, and the south curbs of New grounds and grounds’’ means— Hampshire Avenue and F Street on the north, as Public travel in, and occupancy of, the Su- (1) SMITHSONIAN INSTITUTION.—The Smithso- nian Institution and its grounds, which include generally depicted on the map entitled ‘‘Trans- preme Court grounds is restricted to the side- fer of John F. Kennedy Center for the Per- walks and other paved surfaces. the following: (A) SMITHSONIAN BUILDINGS AND GROUNDS ON forming Arts’’, numbered 844/82563 and dated § 6132. Sale of articles, signs, and solicitation THE NATIONAL MALL.—The Smithsonian Build- April 20, 1994 (as amended by the map entitled in Supreme Court Building and grounds ing, the Arts and Industries Building, the Freer ‘‘Transfer of John F. Kennedy Center for the It is unlawful— Gallery of Art, the National Air and Space Mu- Performing Arts’’, numbered 844/82563A and (1) to offer or expose any article for sale in the seum, the National Museum of Natural History, dated May 22, 1997), which shall be on file and Supreme Court Building or grounds; the National Museum of American History, the available for public inspection in the office of (2) to display a sign, placard, or other form of National Museum of the American Indian, the the National Capital Region, National Park advertisement in the Building or grounds; or Hirshhorn Museum and Sculpture Garden, the Service. (3) to solicit fares, alms, subscriptions, or con- Arthur M. Sackler Gallery, the National Mu- § 6302. Public use of grounds tributions in the Building or grounds. seum of African Art, the S. Dillon Ripley Cen- Public travel in, and occupancy of, the § 6133. Property in the Supreme Court Build- ter, and all other buildings of the Smithsonian grounds specified under section 6301 of this title ing and grounds Institution within the Mall, including the en- are restricted to the sidewalks and other paved It is unlawful to step or climb on, remove, or trance walks, unloading areas, and other perti- surfaces, except in the National Zoological in any way injure any statue, seat, wall, foun- nent service roads and parking areas. Park.

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§ 6303. Unlawful activities tions of, sections 6302 and 6303 of this title, any (1) SIZE OF BUILDING.—The Building (exclud- (a) DISPLAYS AND SOLICITATIONS.—It is un- regulation prescribed under section 6304 of this ing parking facilities) may not exceed 520,000 lawful for anyone other than an authorized em- title, federal or state law, or any regulation pre- gross square feet in size above the level of Co- ployee or concessionaire to carry out any of the scribed under federal or state law; and lumbia Plaza in the District of Columbia. following activities within the specified build- (2) may enforce concurrently with the United (2) HEIGHT OF BUILDING.—The height of the ings and grounds: States Park Police the laws and regulations ap- Building and other improvements shall be com- (1) Offer or expose any article for sale. plicable to the National Capital Parks, and may patible with the height of surrounding Govern- (2) Display any sign, placard, or other form of make arrests for violations of sections 6302 and ment and historic buildings and conform to the advertisement. 6303 of this title, within the several areas lo- provisions of the Act of June 1, 1910 (ch. 263, 36 (3) Solicit alms, subscriptions, or contribu- cated within the exterior boundaries of the face Stat. 452) (known as the Building Height Act of tions. of the curb lines of the squares within which the 1910). (b) TOUCHING OF, OR INJURIES TO, PROP- specified buildings and grounds are located. (3) DESIGN.—The Building and other improve- ERTY.—It is unlawful for anyone— (c) UNIFORMS AND OTHER EQUIPMENT.—The ments shall— (1) other than an authorized employee, to employees designated as special police under (A) be designed in harmony with historical touch or handle objects of art or scientific or subsection (a) may be provided, without charge, and Government buildings in the vicinity; historical objects on exhibition within the speci- with uniforms and other equipment as may be (B) reflect the symbolic importance and his- fied buildings or grounds; or necessary for the proper performance of their toric character of the United States Capitol and (2) to step or climb on, remove, or in any way duties, including badges, revolvers, and ammu- other buildings on the United States Capitol injure any object of art, exhibit (including an nition. Grounds; and exhibit animal), equipment, seat, wall, fountain, § 6307. Penalties (C) represent the dignity and stability of the Government. or other erection or architectural feature, or any (a) IN GENERAL.— (d) APPROVAL OF CHIEF JUSTICE.—All final tree, shrub, plant, or turf, within the specified (1) PENALTY.—A person violating section 6302 buildings or grounds. or 6303 of this title, or a regulation prescribed decisions regarding architectural design of the § 6304. Additional regulations under section 6304 of this title, shall be fined Building are subject to the approval of the Chief Justice. (a) AUTHORITY TO PRESCRIBE ADDITIONAL under title 18, imprisoned for not more than 60 (e) CHILLED WATER AND STEAM FROM CAPITOL REGULATIONS.—In addition to the restrictions days, or both. POWER PLANT.—If the Building is connected and requirements specified in sections 6302 and (2) PROCEDURE.—Prosecution for an offense under this subsection shall be in the Superior with the Capitol Power Plant, the Architect of 6303 of this title, the Secretary of the Smithso- the Capitol shall furnish chilled water and nian Institution, the Trustees of the National Court of the District of Columbia, by information by the United States Attorney or an Assist- steam from the Plant to the Building on a reim- Gallery of Art, and the Trustees of the John F. bursable basis. Kennedy Center for the Performing Arts may ant United States Attorney. (b) OFFENSES INVOLVING PROPERTY DAMAGE (f) CONSTRUCTION STANDARDS.—The Building prescribe for their respective agencies regula- and other improvements constructed under this tions necessary for— OVER $100.— (1) PENALTY.—If in the commission of a viola- chapter shall meet all standards applicable to (1) the adequate protection of the specified construction of a federal building. buildings and grounds and individuals and tion described in subsection (a), property is damaged in an amount exceeding $100, the pe- (g) ACCOUNTING SYSTEM.—The Architect shall property in those buildings and grounds; and maintain an accounting system for operation (2) the maintenance of suitable order and de- riod of imprisonment for the offense may be not more than five years. and maintenance of the Building and other im- corum within the specified buildings and provements which will allow accurate projec- grounds, including the control of traffic and (2) VENUE AND PROCEDURE.—Prosecution of an offense under this subsection shall be in the tions of the dates and cost of major repairs, im- parking of vehicles in the National Zoological provements, reconstructions, and replacements Park and all other areas in the District of Co- United States District Court for the District of Columbia by indictment. Prosecution may be on of the Building and improvements and other lumbia under their control. capital expenditures on the Building and im- UBLICATION IN FEDERAL REGISTER.—A information by the United States Attorney or an (b) P provements. regulation prescribed under this section shall be Assistant United States Attorney if the defend- (h) NONAPPLICABILITY OF CERTAIN LAWS.— published in the Federal Register and is not ef- ant, after being advised of the nature of the (1) BUILDING CODES, PERMITS, OR INSPEC- fective until the expiration of 10 days after the charge and of rights of the defendant, waives in open court prosecution by indictment. TION.—The Building is not subject to any law of date of publication. the District of Columbia relating to building § 6305. Suspension of regulations CHAPTER 65—THURGOOD MARSHALL codes, permits, or inspection, including any FEDERAL JUDICIARY BUILDING To allow authorized services, training pro- such law enacted by Congress. grams, and ceremonies in the specified buildings Sec. (2) TAXES.—The Building and other improve- and grounds, the Secretary of the Smithsonian 6501. Definition. ments constructed under this chapter are not Institution, the Trustees of the National Gallery 6502. Thurgood Marshall Federal Judiciary subject to any law of the District of Columbia of Art, and the Trustees of the John F. Kennedy Building. relating to real estate and personal property Center for the Performing Arts (or their des- 6503. Commission for the Judiciary Office taxes, special assessments, or other taxes, in- ignees) may suspend for their respective agen- Building. cluding any such law enacted by Congress. cies any of the prohibitions contained in sec- 6504. Lease of building. 6505. Structural and mechanical care and secu- § 6503. Commission for the Judiciary Office tions 6302 and 6303 of this title as may be nec- Building essary for the occasion or circumstance if— rity. (a) ESTABLISHMENT AND MEMBERSHIP.—There (1) responsible officers have been appointed; 6506. Allocation of space. is a Commission for the Judiciary Office Build- and 6507. Account in Treasury. ing, composed of the following 13 members or (2) the Secretary of the Smithsonian Institu- § 6501. Definition their designees: tion, the Trustees of the National Gallery of Art, In this chapter, the term ‘‘Chief Justice’’ (1) Two individuals appointed by the Chief and the Trustees of the John F. Kennedy Center means the Chief Justice of the United States or Justice from among justices of the Supreme for the Performing Arts (or their designees) de- the designee of the Chief Justice, except that Court and other judges of the United States. termine that adequate arrangements have been when there is a vacancy in the office of the (2) The members of the House Office Building made— Chief Justice, the most senior associate justice of Commission. (A) to maintain suitable order and decorum in the Supreme Court shall be deemed to be the (3) The majority leader and minority leader of the proceedings; and Chief Justice for purposes of this chapter until the Senate. (B) to protect the specified buildings and the vacancy is filled. (4) The Chairman and the ranking minority grounds and persons and property in those § 6502. Thurgood Marshall Federal Judiciary member of the Senate Committee on Rules and buildings and on those grounds. Building Administration. § 6306. Policing of buildings and grounds (a) ESTABLISHMENT AND DESIGNATION.—There (5) The Chairman and the ranking minority (a) DESIGNATION OF EMPLOYEES AS SPECIAL is a Federal Judiciary Building in Washington, member of the Senate Committee on Environ- POLICE.—Subject to section 5375 of title 5, the D.C., known and designated as the ‘‘Thurgood ment and Public Works. Secretary of the Smithsonian Institution, the Marshall Federal Judiciary Building’’. (6) The Chairman and ranking minority mem- Trustees of the National Gallery of Art, and the (b) TITLE.— ber of the Committee on Transportation and In- Trustees of the John F. Kennedy Center for the (1) SQUARES 721 AND 722.—Title to squares 721 frastructure of the House of Representatives. Performing Arts (or their designees) may des- and 722 remains in the Federal Government. (b) QUORUM.—Seven members of the Commis- ignate employees of their respective agencies as (2) BUILDING.—Title to the Building and other sion is a quorum. special police, without additional compensation, improvements constructed or otherwise made im- (c) DUTIES.—The Commission is responsible for duty in connection with the policing of their mediately reverts to the Government at the expi- for the supervision of the design, construction, respective specified buildings and grounds. ration of not more than 30 years from the effec- operation, maintenance, structural, mechanical, (b) POWERS.—The employees designated as tive date of the lease agreement referred to in and domestic care, and security of the Thurgood special police under subsection (a)— section 6504 of this title without payment of any Marshall Federal Judiciary Building. The Com- (1) may, within the specified buildings and compensation by the Government. mission shall prescribe regulations to govern the grounds, enforce, and make arrests for viola- (c) LIMITATIONS.— actions of the Architect of the Capitol under

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(e) SUBLEASED SPACE.— (a) LEASE AGREEMENT.—Under an agreement (a) PRIORITY.— (1) RENTAL RATE.—Space subleased by the Ar- with the person selected to construct the (1) JUDICIAL BRANCH.—Subject to this section, chitect under subsection (a)(3) is subject to reim- Thurgood Marshall Federal Judiciary Building, the Architect of the Capitol shall make available bursement at a rate which is comparable to pre- the Architect of the Capitol shall lease the to the judicial branch of the Federal Govern- vailing rental rates for similar facilities in the Building to carry out the objectives of this chap- ment all space in the Thurgood Marshall Fed- area but not less than the rate established under ter. eral Judiciary Building and other improvements section 6504(b)(2) of this title plus an amount (b) MINIMUM REQUIREMENTS OF LEASE AGREE- constructed under this chapter. The space shall the Architect and the person subleasing the MENT.—The agreement includes at a minimum be made available on a reimbursable basis and space agree is necessary to pay each year for the following: substantially in accordance with the report re- the cost of administering the Building (includ- (1) LIMIT ON LENGTH OF LEASE.—The Architect ferred to in section 3(b)(1) of the Judiciary Of- will lease the Building and other improvements fice Building Development Act (Public Law 100– ing the cost of operation, maintenance, rehabili- for not more than 30 years from the effective 480, 102 Stat. 2330). tation, security, and structural, mechanical, date of the agreement. (2) OTHER FEDERAL GOVERNMENTAL ENTI- and domestic care) that is attributable to the space. (2) RENTAL RATE.—The rental rate per square TIES.—The Architect may make available to fed- foot of occupiable space for all space in the eral governmental entities which are not part of (2) LIMITATION.—A sublease under subsection Building and other improvements will be in the the judicial branch and which are not staff of (a)(3) must be compatible with the dignity and best interest of the Federal Government and will Members of Congress or congressional commit- functions of the judicial branch offices housed carry out the objectives of this chapter. The ag- tees any space in the Building and other im- in the Building and must not unduly interfere gregate rental rate for all space in the Building provements that the Chief Justice decides is not with the activities and operations of the judicial and other improvements shall produce an needed by the judicial branch. The space shall branch agencies housed in the Building. Sec- amount at least equal to the amount necessary be made available on a reimbursable basis. tions 5104(c) and 5108 of this title do not apply to amortize the cost of development of squares (3) OTHER PERSONS.—If any space remains, to any space in the Building and other improve- 721 and 722 in the District of Columbia over the the Architect may sublease it pursuant to sub- ments subleased to a non-Government tenant life of the lease. section (e), under the direction of the Commis- under subsection (a)(3). (3) COLLECTION OF RENT.—The Architect shall (3) AUTHORITY TO MAKE SPACE AVAILABLE AND sion for the Judiciary Office Building, to any collect rent for space subleased under subsection SUBLEASE SPACE.—The Architect may make person. space available and sublease space in the Build- (b) SPACE FOR JUDICIAL BRANCH AND OTHER (a)(3). (f) DEPOSIT OF RENT AND REIMBURSEMENTS.— ing and other improvements in accordance with FEDERAL GOVERNMENTAL ENTITIES.—Space Amounts received under subsection (a)(3) (in- section 6506 of this title. made available under subsection (a)(1) or (2) is cluding lease payments and reimbursements) (4) OTHER TERMS AND CONDITIONS.—The subject to— agreement contains terms and conditions the Ar- (1) terms and conditions necessary to carry shall be deposited in the account described in chitect prescribes to carry out the objectives of out the objectives of this chapter; and section 6507 of this title. this chapter. (2) reimbursement at the rate established § 6507. Account in Treasury (c) OBLIGATION OF AMOUNTS.—Obligation of under section 6504(b)(2) of this title plus an (a) ESTABLISHMENT AND CONTENTS OF SEPA- amounts for lease payments under this section amount necessary to pay each year for the cost RATE ACCOUNT.—There is a separate account in may only be made— of administering the Building and other im- the Treasury. The account includes all amounts (1) on an annual basis; and provements (including the cost of operation, deposited in the account under section 6506(f) of (2) from the account described in section 6507 maintenance, rehabilitation, security, and this title and amounts appropriated to the ac- of this title. structural, mechanical, and domestic care) that count. However, the appropriated amounts may is attributable to the space, with the amount to § 6505. Structural and mechanical care and not be more than $2,000,000. be determined by the Architect and— security (b) USE OF AMOUNTS.—Amounts in the ac- (A) in the case of the judicial branch, the Di- count are available to the Architect of the (a) STRUCTURAL AND MECHANICAL CARE.—The rector of the Administrative Office of the United Architect of the Capitol, under the direction of Capitol— States Courts; or (1) for paying expenses for structural, me- the Commission for the Judiciary Office (B) in the case of any federal governmental Building— chanical, and domestic care, maintenance, oper- entity not a part of the judicial branch, the en- ation, and utilities of the Thurgood Marshall (1) is responsible for the structural and me- tity. chanical care and maintenance of the Thurgood Federal Judiciary Building and other improve- (c) SPACE FOR JUDICIAL BRANCH.— ments constructed under this chapter; Marshall Federal Judiciary Building and im- (1) ASSIGNMENT OF SPACE WITHIN JUDICIAL (2) for reimbursing the United States Capitol provements, including the care and maintenance BRANCH.—The Director may assign space made Police for expenses incurred in providing exte- of the grounds of the Building, in the same available to the judicial branch under sub- rior security for the Building and other improve- manner and to the same extent as for the struc- section (a)(1) among offices of the judicial tural and mechanical care and maintenance of ments; branch as the Director considers appropriate. (3) for making lease payments under section the Supreme Court Building under section 6111 (2) VACATING OCCUPIED SPACE.—When the 6504 of this title; and of this title; and Chief Justice notifies the Architect that the judi- (2) shall perform all other duties and work re- (4) for necessary personnel (including consult- cial branch requires additional space in the ants). quired for the operation and domestic care of Building and other improvements, the Architect the Building and improvements. shall accommodate those requirements within 90 CHAPTER 67—PENNSYLVANIA AVENUE (b) SECURITY.— days after the date of the notification, except DEVELOPMENT (1) CAPITOL POLICE.—The United States Cap- that if the space was made available to the Ad- SUBCHAPTER I—TRANSFER AND itol Police— ministrator of General Services, it shall be va- ASSIGMENT OF RIGHTS, AUTHORITIES, (A) are responsible for all exterior security of cated expeditiously by not later than a date the TITLE, AND INTERESTS the Building and other improvements con- Chief Justice and the Administrator agree on. Sec. structed under this chapter; and (3) UNOCCUPIED SPACE.—The Chief Justice has 6701. Transfer of rights and authorities of (B) may police the Building and other im- the right of first refusal to use unoccupied space Pennsylvania Avenue Develop- provements, including the interior and exterior, in the Building to meet the needs of the judicial ment Corporation. and may make arrests within the interior and branch. 6702. Transfer and assignment of rights, title, exterior of the Building and other improvements (d) LEASE BY ARCHITECT.— and interests in property. for any violation of federal or state law or the (1) AUTHORITY TO LEASE.—Subject to approval SUBCHAPTER II—PENNSYLVANIA AVENUE laws of the District of Columbia, or any regula- by the Committees on Appropriations of the DEVELOPMENT tion prescribed under any of those laws. House of Representatives and the Senate, the (2) MARSHAL OF THE SUPREME COURT.—This House Office Building Commission, and the 6711. Definition. chapter does not interfere with the obligation of Committee on Rules and Administration of the 6712. Powers of other agencies and instrumen- the Marshal of the Supreme Court to protect Senate, the Architect may lease and occupy not talities in the development area. 6713. Certification of new construction. justices, officers, employees, or other personnel more than 75,000 square feet of space in the 6714. Relocation services. of the Supreme Court who may occupy the Building. 6715. Coordination with District of Columbia. Building and other improvements. (2) PAYMENTS.—Payments under the lease 6716. Reports. (3) REIMBURSEMENT.—The Architect shall shall be made on vouchers the Architect ap- transfer from the account described in section proves. Necessary amounts may be SUBCHAPTER III—FEDERAL TRIANGLE 6507 of this title amounts necessary to reimburse appropriated— DEVELOPMENT the United States Capitol Police for expenses in- (A) to the Architect to carry out this sub- 6731. Definitions. curred in providing exterior security under this section, including amounts for acquiring and in- 6732. Federal Triangle development area. subsection. The Capitol Police may accept stalling furniture and furnishings; and 6733. Federal Triangle property. amounts the Architect transfers under this (B) to the Sergeant at Arms of the Senate to 6734. Ronald Reagan Building and Inter- paragraph. Those amounts shall be credited to plan for, acquire, and install telecommuni- national Trade Center.

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SUBCHAPTER I—TRANSFER AND (B) the collection of sale or lease revenue (3) SPECIAL EVENTS, FESTIVALS, CONCERTS, OR ASSIGMENT OF RIGHTS, AUTHORITIES, owed the Government from the sale or lease be- PROGRAMS.—The Service may— TITLE, AND INTERESTS fore April 1, 1996, of two undeveloped sites (A) make transactions with an agency or in- § 6701. Transfer of rights and authorities of owned by the Corporation on Squares 457 and strumentality of the Government, a State, the Pennsylvania Avenue Development Corpora- 406; District of Columbia, or any person as consid- tion (C) the application of collected revenue to ered necessary or appropriate for the conduct of repay Treasury debt the Corporation incurred (a) IN GENERAL.—The Administrator of Gen- special events, festivals, concerts, or other art when acquiring real estate; and cultural programs at the Site; or eral Services— (D) performing financial audits for projects in (1) may make and perform transactions with (B) establish a nonprofit foundation to solicit which the Corporation has actual or potential an agency or instrumentality of the Federal amounts for those activities. revenue expectation, as identified in subpara- Government, a State, the District of Columbia, (4) JURISDICTION OF DISTRICT OF COLUMBIA.— graphs (A) and (B), in accordance with proce- or any person as necessary to carry out the Jurisdiction of Pennsylvania Avenue and all dures described in applicable sale or lease agree- trade center plan at the Federal Triangle other roadways from curb to curb remains with ments; the District of Columbia but vendors are not Project; and (E) the disposition of real estate properties (2) has all the rights and authorities of the permitted to occupy street space except during which are or become available for sale and lease former Pennsylvania Avenue Development Cor- temporary special events. or other uses; (d) NATIONAL CAPITAL PLANNING COMMIS- poration with regard to property transferred (F) payment of benefits in accordance with SION.—The National Capital Planning Commis- from the Corporation to the General Services the Uniform Relocation Assistance and Real sion is responsible for ensuring that develop- Administration in fiscal year 1996. Property Acquisition Policies Act of 1970 (42 ment in the Pennsylvania Avenue area is car- (b) USE OF AMOUNTS AND INCOME.— U.S.C. 4601 et seq.) to which persons in the (1) ACTIVITIES ASSOCIATED WITH TRANSFERRED ried out in accordance with the Pennsylvania project area squares are entitled as a result of RESPONSIBILITIES.—The Administrator may use Avenue Development Corporation Plan—1974. the Corporation’s acquisition of real estate; and amounts transferred from the Corporation or in- (G) carrying out the responsibilities of the SUBCHAPTER II—PENNSYLVANIA AVENUE come earned on Corporation property for activi- Corporation under subchapter III and the Fed- DEVELOPMENT ties associated with carrying out the responsibil- eral Triangle Development Act (Public Law 100– § 6711. Definition ities of the Corporation transferred to the Ad- 113, 101 Stat. 735), including responsibilities for In this subchapter, the term ‘‘development ministrator. Any income earned after October 1, managing assets and liabilities of the Corpora- 1998, shall be deposited to the Federal Buildings area’’ means the area to be developed, main- tion under subchapter III and the Act. tained, and used in accordance with this sub- Fund to be available for the purposes author- (2) POWERS.—In carrying out the responsibil- ized under this subchapter, notwithstanding chapter and the Pennsylvania Avenue Develop- ities of the Corporation transferred under this ment Corporation Act of 1972 (Public Law 92– section 592(c)(1) of this title. section, the Administrator of General Services (2) EXCESS AMOUNTS OR INCOME.—Any 578, 86 Stat. 1266) and is the area bounded as may— follows: amounts or income the Administrator considers (A) acquire land, improvements, and property Beginning at a point on the southwest corner excess to the amount needed to fulfill the re- by purchase, lease or exchange, and sell, lease, of the intersection of Fifteenth Street and E sponsibilities of the Corporation transferred to or otherwise dispose of any property, as nec- Street Northwest; the Administrator shall be applied to any out- essary to complete the development plan devel- thence proceeding east along the southern standing debt the Corporation incurred when oped under section 5 of the Pennsylvania Ave- side of E Street to the southwest corner of the acquiring real estate, except debt associated nue Development Corporation Act of 1972 (Pub- intersection of Thirteenth Street and Pennsyl- with the Ronald Reagan Building and Inter- lic Law 92–578, 86 Stat. 1269) if a notice of inten- vania Avenue Northwest; national Trade Center. tion to carry out the acquisition or disposal is thence southeast along the southern side of (c) PAYMENT TO DISTRICT OF COLUMBIA.— first transmitted to the Committee on Transpor- Pennsylvania Avenue to a point being the With respect to real property transferred from tation and Infrastructure and the Committee on southeast corner of the intersection of Pennsyl- the Corporation to the Administrator under sec- Appropriations of the House of Representatives vania Avenue and Third Street Northwest; tion 6702 of this title, the Administrator shall and the Committee on Environment and Public pay to the District of Columbia government, in thence north along the eastern side of Third Works and the Committee on Appropriations of Street to the northeast corner of the intersection the same way as previously paid by the Cor- the Senate and at least 60 days elapse after the poration, an amount equal to the amount of real of C Street and Third Street Northwest; date of the transmission; thence west along the northern side of C property tax which would have been payable to (B) modify the plan referred to in subpara- Street to the northeast corner of the intersection the government beginning on the date the Cor- graph (A) if the modification is first transmitted of C Street and Sixth Street Northwest; poration acquired the real property if legal title to the Committee on Transportation and Infra- thence north along the eastern side of Sixth to the property had been held by a private cit- structure and the Committee on Appropriations Street to the northeast corner of the intersection izen on that date and during all periods to of the House of Representatives and the Com- of E Street and Sixth Street Northwest; which that date relates. mittee on Environment and Public Works and thence west along the northern side of E § 6702. Transfer and assignment of rights, the Committee on Appropriations of the Senate Street to the northeast corner of the intersection title, and interests in property and at least 60 days elapse after the date of the of E Street and Seventh Street Northwest; (a) IN GENERAL.— transmission; thence north along the eastern side of Seventh (C) maintain any existing Corporation insur- (1) LEASES, COVENANTS, AGREEMENTS, AND Street to the northeast corner of the intersection ance programs; EASEMENTS.—As provided in this section, the of Seventh Street and F Street Northwest; General Services Administration, the National (D) make and perform transactions with an agency or instrumentality of the Federal Gov- thence west along the northern side of F Capital Planning Commission, and the National Street to the northwest corner of the intersection Park Service have the rights, title, and interest ernment, a State, the District of Columbia, or any person as necessary to carry out the respon- of F Street and Ninth Street Northwest; of the Pennsylvania Avenue Development Cor- thence south along the western side of Ninth poration in and to all leases, covenants, agree- sibilities of the Corporation under subchapter III and the Federal Triangle Development Act Street to the northwest corner of the intersection ments, and easements the Corporation executed of Ninth Street and E Street Northwest; before April 1, 1996, in carrying out its powers (Public Law 100–113, 101 Stat. 735); (E) request the Council of the District of Co- thence west along the northern side of E and duties under the Pennsylvania Avenue De- Street to the northeast corner of the intersection velopment Corporation Act of 1972 (Public Law lumbia to close any alleys necessary for the completion of development in Square 457; and of E Street and Thirteenth Street Northwest; 92–578, 86 Stat. 1266) and the Federal Triangle thence north along the eastern side of Thir- Development Act (Public Law 100–113, 101 Stat. (F) use all of the amount transferred from the Corporation or income earned on Corporation teenth Street to the northeast corner of the 735). intersection of F Street and Thirteenth Street (2) PROPERTY.—The Administration has the property to complete any pending development Northwest; rights, title, and interest of the Corporation in projects. thence west along the northern side of F and to all property held in the name of the Cor- (c) NATIONAL PARK SERVICE.— (1) PROPERTY.—The National Park Service Street to the northwest corner of the intersection poration, except as provided in subsection (c). has the right, title, and interest in and to the of F Street and Fifteenth Street Northwest; (b) GENERAL SERVICES ADMINISTRATION.— thence north along the western side of Fif- (1) RESPONSIBILITIES.—The responsibilities of property located in the Pennsylvania Avenue the Corporation transferred to the Administra- National Historic Site, including the parks, pla- teenth Street to the northwest corner of the tion under subsection (a) include— zas, sidewalks, special lighting, trees, sculpture, intersection of Pennsylvania Avenue and Fif- (A) the collection of revenue owed the Federal and memorials, depicted on a map entitled teenth Street Northwest; Government as a result of real estate sales or ‘‘Pennsylvania Avenue National Historic Park’’, thence west along the southern side of Penn- lease agreements made by the Corporation and dated June 1, 1995, and numbered 840–82441. The sylvania Avenue to the southeast corner of the private parties, including— map shall be on file and available for public in- intersection of Pennsylvania Avenue and East (i) the Willard Hotel property on Square 225; spection in the offices of the Service. Executive Avenue Northwest; (ii) the Gallery Row project on Square 457; (2) RESPONSIBILITIES.—The Service is respon- thence south along the eastern side of East (iii) the Lansburgh’s project on Square 431; sible for management, administration, mainte- Executive Avenue to the intersection of South and nance, law enforcement, visitor services, re- Executive Place and E Street Northwest; (iv) the Market Square North project on source protection, interpretation, and historic thence east along the southern side of E Street Square 407; preservation at the Site. to the point of beginning.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.033 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3353 § 6712. Powers of other agencies and instru- subchapter. Construction, rehabilitation, alter- Services not later than the date on which own- mentalities in the development area ation, and improvement of any project by non- ership of the Ronald Reagan Building and This subchapter and the Pennsylvania Ave- Federal Government sources is subject to the International Trade Center vests in the Federal nue Development Corporation Act of 1972 (Pub- District of Columbia Official Code and zoning Government. lic Law 92–578, 86 Stat. 1266) do not preclude regulations. (b) NONAPPLICABILITY OF CERTAIN LAWS.— (1) BUILDING PERMITS AND INSPECTION.—For other agencies or instrumentalities of the Fed- § 6716. Reports purposes of development of the Federal Triangle eral Government or of the District of Columbia (a) REPORTS TO PRESIDENT AND CONGRESS.— property, the person selected to develop the from exercising any lawful powers in the devel- The Administrator of General Services shall property is not subject to any state or local law opment area consistent with the development transmit comprehensive and detailed reports of relating to building permits and inspection. plan described in section 5(a) of the Act (86 Stat. the Administrator’s operations, activities, and (2) TAXES AND ASSESSMENTS.—The property 1269) or the provisions and purposes of this sub- accomplishments under this subchapter to the and improvements to the property are not subchapter and the Act. However, the agency or in- President and Congress. The Administrator ject to real and personal property taxation or to strumentality shall not release, modify, or de- shall transmit a report to the President each special assessments. part from any feature or detail of the develop- January and to the President and Congress at § 6734. Ronald Reagan Building and Inter- ment plan without the prior approval of the Ad- other times that the Administrator considers de- national Trade Center ministrator of General Services. sirable. (a) ESTABLISHMENT AND DESIGNATION.—The § 6713. Certification of new construction (b) PROTECTION AND ENHANCEMENT OF SIG- building constructed on the Federal Triangle NIFICANT HISTORIC AND ARCHITECTURAL VAL- New construction (including substantial re- property shall be known and designated as the UES.—A report under subsection (a) shall in- modeling, conversion, rebuilding, enlargement, Ronald Reagan Building and International extension, or major structural improvement of clude a detailed discussion of the actions the Administrator has taken in the reporting period Trade Center. existing building, but not including ordinary (b) TITLE.—The person selected to develop the to protect and enhance the significant historic maintenance or remodeling or changes nec- Federal Triangle property may own the Build- and architectural values of structures within essary to continue occupancy) shall not be au- ing for not more than 35 years from the date the boundaries of the Administrator’s jurisdic- thorized or conducted within the development construction of the Building began. The title to tion under this subchapter and shall indicate area except on prior certification by the Admin- the Building shall be in the Administrator of similar actions the Administrator plans to take istrator of General Services that the construc- General Services from the date title to the Fed- and issues the Administrator anticipates dealing tion is, or may reasonably be expected to be, eral Triangle property reverts to the Adminis- with during the upcoming fiscal year related to consistent with the carrying out of the develop- trator. historic and architectural preservation. The re- ment plan described in section 5(a) of the Penn- (c) LIMITATIONS.— sylvania Avenue Development Corporation Act port shall indicate the degree to which public (1) SIZE OF BUILDING.—The Building (includ- of 1972 (Public Law 92–578, 86 Stat. 1269). concern has been considered and incorporated ing parking facilities) may not exceed 3,100,000 into decisions the Administrator made relative to § 6714. Relocation services gross square feet in size. historic and architectural preservation. (2) HEIGHT OF BUILDING.—The height of the (a) USE OF DISTRICT OF COLUMBIA GOVERN- SUBCHAPTER III—FEDERAL TRIANGLE Building shall be compatible with the height of MENT.—The Administrator of General Services DEVELOPMENT surrounding Federal Government buildings. may use the services of the District of Columbia § 6731. Definitions (3) DESIGN.—The Building shall— government in the administration of a relocation (A) be designed in harmony with historical program pursuant to the Uniform Relocation In this subchapter— and Government buildings in the vicinity; Assistance and Real Property Acquisition Poli- (1) FEDERAL TRIANGLE DEVELOPMENT AREA.— (B) reflect the symbolic importance and his- cies Act of 1970 (42 U.S.C. 4601 et seq.). The Ad- The term ‘‘Federal Triangle development area’’ toric character of Pennsylvania Avenue and the ministrator shall reimburse the government for means the area bounded as follows: Nation’s Capital; and the cost of the services. Beginning at a point on the southwest corner (C) represent the dignity and stability of the (b) COORDINATION OF RELOCATION PRO- of the intersection of Fourteenth Street and Government. GRAMS.—All relocation services performed by or Pennsylvania Avenue (formerly E Street), (d) CONSTRUCTION STANDARDS.—The Building on behalf of the Administrator shall be coordi- Northwest; shall meet all standards applicable to construc- nated with the District of Columbia’s central re- thence south along the western side of Four- tion of a federal building. location programs. teenth Street to the northwest corner of the (e) ACCOUNTING SYSTEM.—The Administrator (c) PREFERENTIAL RIGHTS OF DISPLACED OWN- intersection of Fourteenth Street and Constitu- shall maintain an accounting system for oper- ERS AND TENANTS.—An owner or tenant of real tion Avenue, Northwest; ation and maintenance of the Building which property whose residence or business is termi- thence east along the northern side of Con- will allow accurate projections of the dates and nated as a result of acquisitions made pursuant stitution Avenue to the northeast corner of the cost of major repairs, improvements, reconstruc- to this subchapter or the Pennsylvania Avenue intersection of Twelfth Street and Constitution tions, and replacements of the Building and Development Corporation Act of 1972 (Public Avenue, Northwest; other capital expenditures on the Building. The Law 92–578, 86 Stat. 1266) shall be granted a thence north along the eastern side of Twelfth Administrator shall act as necessary to ensure preferential right to lease or purchase from the Street and Constitution Avenue, Northwest; that amounts are available to cover the pro- Administrator similar real property as may be- thence north along the eastern side of Twelfth jected cost and expenditures. come available for a similar use. The pref- Street to the southeast corner of the intersection (f) LEASE OF BUILDING.— erential right is limited to the parties in interest of Twelfth Street and Pennsylvania Avenue, (1) LEASE AGREEMENT.—Under an agreement and is not transferable or assignable. Northwest; with the person selected to construct the Ronald thence west along the southern side of Penn- Reagan Building and International Trade Cen- § 6715. Coordination with District of Colum- sylvania Avenue to the point of beginning. ter, the Administrator shall lease the Building bia (2) FEDERAL TRIANGLE PROPERTY.—The term for federal office space and the international (a) LOCAL NEEDS, INITIATIVE, AND PARTICIPA- ‘‘Federal Triangle property’’ means— cultural and trade center space. TION.—In carrying out the purposes of this sub- (A) the property owned by the Federal Gov- (2) MINIMUM REQUIREMENTS OF LEASE AGREE- chapter and the Pennsylvania Avenue Develop- ernment in the District of Columbia, known as MENT.—The agreement includes at a minimum ment Corporation Act of 1972 (Public Law 92– the ‘‘Great Plaza’’ site, which consists of the following: 578, 86 Stat. 1266), the Administrator of General squares 256, 257, 258, parts of squares 259 and (A) LIMIT ON LENGTH OF LEASE.—The Admin- Services shall— 260, and adjacent closed rights-of-way as shown istrator will lease the Building for the period of (1) consult and cooperate with District of Co- on plate IV of the King Plats of 1803 located in time that the person selected to construct the lumbia officials and community leaders at the the Office of the Surveyor of the District of Co- Building owns the Building. earliest practicable time; lumbia; and (B) RENTAL RATE.—The rental rate per square (2) give primary consideration to local needs (B) except for purposes of section 6733(a) of foot of occupiable space for all space in the and desires and to local and regional goals and this title, any property the Pennsylvania Ave- Building will be in the best interest of the Gov- policies as expressed in urban renewal, commu- nue Development Corporation acquired under ernment and will carry out the objectives of this nity renewal, and comprehensive land use plans section 3(b) of the Federal Triangle Development subchapter and the Federal Triangle Develop- and regional plans; and Act (Public Law 100–113, 101 Stat. 736). ment Act (Public Law 100–113, 101 Stat. 735). (3) foster local initiative and participation in § 6732. Federal Triangle development area The aggregate rental rate for all space in the connection with the planning and development The Federal Triangle development area is Building shall produce an amount at least equal of projects. deemed to be part of the development area de- to the amount necessary to amortize the cost of (b) COMPLIANCE WITH LOCAL REQUIRE- scribed in section 6711 of this title. The Adminis- development of the Federal Triangle property MENTS.—To the extent the Administrator con- trator of General Services has the same author- over the life of the lease. structs, rehabilitates, alters, or improves any (C) OBLIGATION OF AMOUNTS.—Obligation of ity over the Federal Triangle development area project under this subchapter, the Administrator amounts from the Federal Building Fund shall as over the development area described in sec- shall comply with all District of Columbia laws, only be made on an annual basis to meet lease tion 6711. ordinances, codes, and regulations. Section payments. 8722(d) of this title applies to all construction, § 6733. Federal Triangle property (3) AUTHORIZATION TO OBLIGATE AMOUNTS.— rehabilitation, alteration, and improvement of (a) TITLE.—Title to the Federal Triangle prop- Amounts may be obligated as described in para- all buildings by the Administrator under this erty reverts to the Administrator of General graph (2)(C).

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.034 pfrm01 PsN: H11PT1 H3354 CONGRESSIONAL RECORD — HOUSE June 11, 2002 CHAPTER 69—UNION STATION Secretary of Transportation and the Adminis- (G) six Members of the House of Representa- REDEVELOPMENT trator of the Federal Railroad Administration tives, three from each party, to be appointed by SUBCHAPTER I—UNION STATION may serve as ex officio members of the board of the Speaker of the House of Representatives; COMPLEX directors of the Union Station Redevelopment and Corporation. (H) three individuals appointed by the Presi- Sec. dent, at least two of whom shall not be officers 6901. Definition. § 6906. Union Station Fund of the Federal Government, and one member of 6902. Assignment of right, title, and interest in STABLISHMENT.—There is a special de- (a) E whom shall be a representative of the District of the Union Station complex to the posit account in the Treasury known as the Columbia government. Secretary of Transportation. ‘‘Union Station Fund’’, which shall be adminis- (2) CHAIRMAN.—The Secretary of the Interior 6903. Agreements and contracts. tered as a revolving fund. serves as the Chairman of the Commission. 6904. Acquisition, maintenance, and use of (b) CONTENT.—The account shall be credited (3) SERVICE OF NON-FEDERAL MEMBERS.—Non- property. with receipts of the Secretary of Transportation federal members serve at the pleasure of the 6905. Service on board of directors of Union from activities authorized by this subchapter. President. Station Redevelopment Corpora- (c) USE OF AMOUNTS.—The Secretary may use (c) MEETINGS.—The Commission shall meet at tion. income and proceeds received from activities au- the call of the Chairman. 6906. Union Station Fund. thorized by this subchapter, including operating § 6922. Duties 6907. Use of other appropriated amounts. and leasing income and payments made to the 6908. Parking facility. Federal Government under development agree- (a) IN GENERAL.—The National Visitor Facili- 6909. Supplying steam or chilled water to ments, to pay expenses the Secretary incurs in ties Advisory Commission shall— (1) conduct continuing investigations and Union Station complex. carrying out the purposes of this subchapter, in- studies of sites and plans to provide additional 6910. Authorization of appropriations. cluding construction, acquisition, leasing, oper- facilities and services for visitors and students SUBCHAPTER II—NATIONAL VISITOR ation, and maintenance expenses and payments coming to the Nation’s Capital; and FACILITIES ADVISORY COMMISSION made to developers under development agree- (2) advise the Secretary of the Interior and the ments. 6921. Establishment, composition, and meet- Administrator of General Services on the plan- (d) AVAILABILITY OF AMOUNTS.—The balance ings. ning, construction, acquisition, and operation of in the account is available in amounts specified 6922. Duties. those visitor facilities. in annual appropriation laws for making ex- 6923. Compensation and expenses. (b) STAFF AND FACILITIES.—The Director of 6924. Reports and recommendations. penditures authorized by this subchapter. the National Park Service, in consultation with SUBCHAPTER I—UNION STATION § 6907. Use of other appropriated amounts the Administrator, shall provide the necessary COMPLEX (a) WAIVER OF COST SHARING REQUIREMENT.— staff and facilities to assist the Commission in § 6901. Definition The Secretary of Transportation may use carrying out its duties under this subchapter. In this subchapter, the term ‘‘Union Station amounts appropriated under section § 6923. Compensation and expenses complex’’ means real property, air rights, and 24909(a)(2)(A) of title 49 to carry out the pur- Members of the National Visitor Facilities Ad- improvements the Secretary of the Interior poses of this subchapter. visory Commission who are not officers or em- leased under sections 101–110 of the National (b) BAN ON USING AMOUNTS FOR HELIPORT.— ployees of the Federal Government or the gov- Visitors Center Facilities Act of 1968 (Public Amounts appropriated under section 24909 of ernment of the District of Columbia are entitled Law 90–264, 82 Stat. 43) and property acquired title 49 may not be used for design, construction, to receive compensation under section 3109 of and improvements made in accordance with this or operation of a heliport at or near Union Sta- title 5 and expenses under section 5703 of title 5. tion. subchapter. § 6924. Reports and recommendations § 6902. Assignment of right, title, and interest § 6908. Parking facility The National Visitor Facilities Advisory Com- in the Union Station complex to the Sec- (a) TITLE.—The Federal Government has the mission shall report to the Secretary of the Inte- retary of Transportation right, title, and interest in and to the parking rior and the Administrator of General Services The Secretary of Transportation has the right, facility at Union Station. the results of its studies and investigations. A title, and interest in and to the Union Station (b) FEES.—The rate of fees charged for use of report recommending additional facilities for complex, including all agreements and leases the facility may exceed the rate required for visitors shall include the Commission’s rec- made under sections 101–110 of the National maintenance and operation of the facility. The ommendations as to sites for the facilities to be Visitors Center Facilities Act of 1968 (Public rate shall be established in a manner that en- provided, preliminary plans, specifications, and Law 90–264, 82 Stat. 43). To the extent the Sec- courages use of the facility by rail passengers architectural drawings for the facilities, and the retary of Transportation and the Secretary of and participants in activities in the Union Sta- estimated cost of the recommended sites and fa- the Interior agree, the Secretary of the Interior tion complex and area. cilities. may lease space for visitor services. § 6909. Supplying steam or chilled water to PART D—PUBLIC BUILDINGS, GROUNDS, § 6903. Agreements and contracts Union Station complex AND PARKS IN THE DISTRICT OF CO- LUMBIA The Secretary of Transportation may make The Architect of the Capitol may make agree- agreements and contracts, except an agreement ments with the Secretary of Transportation to CHAPTER 81—ADMINISTRATIVE or contract to sell property rights at the Union furnish steam, chilled water, or both from the SUBCHAPTER I—GENERAL Capitol Power Plant to the Union Station com- Station complex, with a person, a federal, re- Sec. gional, or local agency, or the Architect of the plex, at no expense to the legislative branch. 8101. Supervision of public buildings and Capitol that the Secretary considers necessary § 6910. Authorization of appropriations grounds in District of Columbia or desirable to carry out the purposes of this Amounts necessary to meet lease and other ob- not otherwise provided for by law. subchapter. ligations, including maintenance requirements, 8102. Protection of Federal Government build- § 6904. Acquisition, maintenance, and use of incurred by the Secretary of the Interior and as- ings in District of Columbia. property signed to the Secretary of Transportation under 8103. Application of District of Columbia laws to public buildings and grounds. (a) ACQUISITION.—The Secretary of Transpor- this subchapter may be appropriated to the Sec- retary of Transportation. 8104. Regulation of private and semipublic tation may acquire for the Federal Government buildings adjacent to public build- SUBCHAPTER II—NATIONAL VISITOR an interest in real property (including ease- ings and grounds. ments or reservations) and any other property FACILITIES ADVISORY COMMISSION 8105. Approval by Administrator of General interest (including contract rights) in or relating § 6921. Establishment, composition, and meet- Services. or adjacent to the Union Station complex that ings 8106. Buildings on reservations, parks, or pub- the Secretary considers necessary to carry out (a) ESTABLISHMENT.—There is a National Vis- lic grounds. the purposes of this subchapter. itor Facilities Advisory Commission. 8107. Advertisements and sales in or around (b) MAINTENANCE AND USE.—The Secretary (b) COMPOSITION.— Washington Monument. may maintain, use, operate, manage, and lease, (1) MEMBERSHIP.—The Commission is com- 8108. Use of public buildings for public cere- either directly, by contract, or through develop- posed of— monies. ment agreements, any property interest the Sec- (A) the Secretary of the Interior; SUBCHAPTER II—JURISDICTION retary holds or acquires for the Government (B) the Administrator of General Services; under this subchapter in the manner and sub- 8121. Improper appropriation of streets. (C) the Secretary of the Smithsonian Institu- ject to the terms, conditions, covenants, and 8122. Jurisdiction over portion of Constitution tion; easements that the Secretary considers nec- Avenue. (D) the Chairman of the National Capital 8123. Record of transfer of jurisdiction between essary or desirable to carry out the purposes of Planning Commission; Director of National Park Service this subchapter. (E) the Chairman of the Commission of Fine and Mayor of District of Colum- § 6905. Service on board of directors of Union Arts; bia. Station Redevelopment Corporation (F) six Members of the Senate, three from each 8124. Transfer of jurisdiction between Federal To further the rehabilitation, redevelopment, party, to be appointed by the President of the and District of Columbia authori- and operation of the Union Station complex, the Senate; ties.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6343 E:\CR\FM\A11JN7.034 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3355 8125. Public spaces resulting from filling of ca- of the public grounds or lots belonging to the SUBCHAPTER II—JURISDICTION nals. Government in the District of Columbia. § 8121. Improper appropriation of streets 8126. Temporary occupancy of Potomac Park § 8104. Regulation of private and semipublic (a) AUTHORITY.—The Secretary of the Interior by Secretary of Agriculture. buildings adjacent to public buildings and shall— 8127. Part of Washington Aqueduct for playgrounds (1) prevent the improper appropriation or oc- ground purposes. (a) FACTORS FOR DEVELOPMENT.—In view of cupation of any public street, avenue, square, or SUBCHAPTER III—SERVICES FOR the provisions of the Constitution respecting the reservation in the District of Columbia that be- FACILITIES establishment of the seat of the National Gov- longs to the Federal Government; 8141. Contract to rent buildings in the District ernment, the duties it imposed on Congress in (2) reclaim the street, avenue, square, or res- of Columbia not to be made until connection with establishing the seat of the Na- ervation if unlawfully appropriated; appropriation enacted. tional Government, and the solicitude shown (3) prevent the erection of any permanent 8142. Rent of other buildings. and the efforts exerted by President Washington building on property reserved to or for the use 8143. Heat. in the planning and development of the Capital of the Government, unless plainly authorized by 8144. Delivery of fuel for use during ensuing City, the development should proceed along the law; and fiscal year. lines of good order, good taste, and with due re- (4) report to Congress at the beginning of each SUBCHAPTER IV—MISCELLANEOUS gard to the public interests involved, and a rea- session on the Secretary’s proceedings in the premises, together with a full statement of all 8161. Reservation of parking spaces for Mem- sonable degree of control should be exercised property described in this subsection, and how, bers of Congress. over the architecture of private or semipublic and by what authority, the property is occupied 8162. Ailanthus trees prohibited. buildings adjacent to public buildings and or claimed. 8163. Use of greenhouses and nursery for trees, grounds of major importance. (b) APPLICATION.—This section does not inter- (b) SUBMISSION OF APPLICATION TO COMMIS- shrubs, and plants. fere with the temporary and proper occupation 8164. E. Barrett Prettyman United States SION OF FINE ARTS.—The Mayor of the District of any part of the property described in sub- Courthouse. of Columbia shall submit to the Commission on section (a), by lawful authority, for the legiti- 8165. Services for Office of Personnel Manage- Fine Arts an application for a permit to erect or mate purposes of the Government. ment. alter any building, a part of which fronts or § 8122. Jurisdiction over portion of Constitu- SUBCHAPTER I—GENERAL abuts on the grounds of the Capitol, the grounds of the White House, the part of Penn- tion Avenue § 8101. Supervision of public buildings and sylvania Avenue extending from the Capitol to The Director of the National Park Service has grounds in District of Columbia not other- the White House, Lafayette Park, Rock Creek jurisdiction over that part of Constitution Ave- wise provided for by law Park, the Zoological Park, the Rock Creek and nue west of Virginia Avenue that was under the (a) IN GENERAL.—Under regulations the Presi- Potomac Parkway, Potomac Park, or The Mall control of the Commissioners of the District of dent prescribes, the Administrator of General Park System and public buildings adjacent to Columbia prior to May 27, 1908. Services shall have charge of the public build- the System, or abuts on any street bordering § 8123. Record of transfer of jurisdiction beings and grounds in the District of Columbia, any of those grounds or parks, so far as the tween Director of National Park Service except those buildings and grounds which other- plans relate to height and appearance, color, and Mayor of District of Columbia wise are provided for by law. and texture of the materials of exterior construc- When in accordance with law or mutual legal (b) NOTICE OF UNLAWFUL OCCUPANCY.—If the tion. agreement, spaces or portions of public land are Administrator, or the officer under the direction (c) REPORT TO MAYOR.—The Commission shall of the Administrator who is in immediate charge transferred between the jurisdiction of the Di- report promptly its recommendations to the rector of the National Park Service, as estab- of those public buildings and grounds, decides Mayor, including any changes the Commission that an individual is unlawfully occupying any lished by the Act of July 1, 1898 (ch. 543, 30 Stat. decides are necessary to prevent reasonably 570), and the Mayor of the District of Columbia, part of that public land, the Administrator or avoidable impairment of the public values be- officer in charge shall notify the United States the letters of transfer and acceptance exchanged longing to the public building or park. If the between them are sufficient authority for the marshal for the District of Columbia in writing Commission fails to report its approval or dis- of the unlawful occupation. necessary change in the official maps and for approval of a plan within 30 days, the report is record when necessary. (c) EJECTION OF TRESPASSER.—The marshal deemed approved and a permit may be issued. shall have the trespasser ejected from the public § 8124. Transfer of jurisdiction between Fed- (d) ACTION BY THE MAYOR.—The Mayor shall eral and District of Columbia authorities land and shall restore possession of the land to take action the Mayor decides is necessary to ef- the officer charged by law with the custody of fect reasonable compliance with the rec- (a) TRANSFER OF JURISDICTION.—Federal and the land. ommendation under subsection (c). District of Columbia authorities administering § 8102. Protection of Federal Government properties in the District that are owned by the § 8105. Approval by Administrator of General buildings in District of Columbia Federal Government or by the District may Services The Attorney General and the Secretary of transfer jurisdiction over any part of the prop- Subject to applicable provisions of existing the Treasury may prohibit— erty among or between themselves for purposes law relating to the functions in the District of (1) a vehicle from parking or standing on a of administration and maintenance under con- Columbia of the National Capital Planning street or roadway adjacent to a building in the ditions the parties agree on. The National Cap- Commission and the Commission of Fine Arts, District of Columbia— ital Planning Commission shall recommend the only the Administrator of General Services is re- (A) at least partly owned or possessed by, or transfer before it is completed. quired to approve sketches, plans, and estimates (b) REPORT TO CONGRESS.—The District au- leased to, the Federal Government; and (B) used by law enforcement authorities sub- for buildings to be constructed by the Adminis- thorities shall report all transfers and agree- ject to their jurisdiction; and trator, except that the Administrator and the ments to Congress. (c) CERTAIN LAWS NOT REPEALED.—Subsection (2) a person or entity from conducting busi- United States Postal Service must approve build- (a) does not repeal any law in effect on May 20, ness on property immediately adjacent to a ings designed for post-office purposes. 1932, which authorized the transfer of jurisdic- building described in paragraph (1). § 8106. Buildings on reservations, parks, or public grounds tion of certain land among and between federal § 8103. Application of District of Columbia and District authorities. laws to public buildings and grounds A building or structure shall not be erected on any reservation, park, or public grounds of the § 8125. Public spaces resulting from filling of (a) APPLICATION OF LAWS.—Laws and regula- canals tions of the District of Columbia for the protec- Federal Government in the District of Columbia The Director of the National Park Service has tion of public or private property and the pres- without express authority of Congress. jurisdiction over all public spaces resulting from ervation of peace and order are extended to all § 8107. Advertisements and sales in or around the filling of canals in the original city of Wash- public buildings and public grounds belonging Washington Monument ington that were not under the jurisdiction of to the Federal Government in the District of Co- Except on the written authority of the Direc- the Chief of Engineers of the United States lumbia. tor of the National Park Service, advertisements Army as of August 1, 1914, except spaces in- (b) PENALTIES.—A person shall be fined under of any kind shall not be displayed, and articles cluded in the navy yard or in actual use as title 18, imprisoned for not more than six of any kind shall not be sold, in or around the roadways and sidewalks and spaces assigned by months, or both if the person— Washington Monument. law to the District of Columbia for use as a (1) is guilty of disorderly and unlawful con- property yard and the location of a sewage duct in or about those public buildings or public § 8108. Use of public buildings for public cere- pumping station. The spaces shall be laid out as grounds; monies reservations as a part of the park system of the (2) willfully injures the buildings or shrubs; Except as expressly authorized by law, public District of Columbia. (3) pull downs, impairs, or otherwise injures buildings in the District of Columbia (other than any fence, wall, or other enclosure; the Capitol Building and the White House), and § 8126. Temporary occupancy of Potomac (4) injures any sink, culvert, pipe, hydrant, the approaches to those public buildings, shall Park by Secretary of Agriculture cistern, lamp, or bridge; or not be used or occupied in connection with cere- (a) NOT MORE THAN 75 ACRES.—The Director (5) removes any stone, gravel, sand, or other monies for the inauguration of the President or of the National Park Service may allow the Sec- property of the Government, or any other part other public functions. retary of Agriculture to temporarily occupy as a

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.035 pfrm01 PsN: H11PT1 H3356 CONGRESSIONAL RECORD — HOUSE June 11, 2002 testing ground not more than 75 acres of Poto- as much fuel for their use during the following Columbia, the health and living standards of mac Park not needed in any one season for rec- fiscal year as may be practicable to store at the the people residing or working in the District of lamation or park improvement. The Secretary points of consumption. The branches of the Fed- Columbia, and the conduct of industry, trade, shall vacate the area at the close of any season eral Government and the government of the Dis- and commerce in the District of Columbia re- on the request of the Director. trict of Columbia shall pay for the fuel from quire that to the fullest extent possible the de- (b) CONTINUE AS PUBLIC PARK UNDER DIREC- their applicable appropriations for that fiscal velopment of the District of Columbia and the TOR.—This section does not change the essential year. management of its public affairs, and the activi- character of the land used, which shall continue SUBCHAPTER IV—MISCELLANEOUS ties of the departments, agencies, and instru- to be a public park under the charge of the Di- mentalities of the Government which may be rector. § 8161. Reservation of parking spaces for carried out in, or in relation to, the other areas Members of Congress § 8127. Part of Washington Aqueduct for play- of the Washington metropolitan region, shall be The Council of the District of Columbia shall ground purposes coordinated with the development of those other designate, reserve, and properly mark appro- areas and with the management of their public (a) JURISDICTION OF MAYOR.—The Mayor of priate and sufficient parking spaces on the affairs so that, with the cooperation and assist- the District of Columbia has possession, control, streets adjacent to all public buildings in the ance of those other areas, all of the areas in the and jurisdiction of the land of the Washington District for the use of Members of Congress en- Washington metropolitan area shall be devel- Aqueduct adjacent to the Champlain Avenue gaged in public business. oped and their public affairs shall be managed pumping station and lying outside of the fence so as to contribute effectively toward the solu- around the pumping station as it— § 8162. Ailanthus trees prohibited tion of the community development problems of (1) existed on August 31, 1918; and Ailanthus trees shall not be purchased for, or (2) was transferred by the Chief of Engineers planted in, the public grounds. the Washington metropolitan region on a unified metropolitan basis. for playground purposes. § 8163. Use of greenhouses and nursery for (b) JURISDICTION OF SECRETARY OF THE ARMY trees, shrubs, and plants § 8303. Declaration of policy of coordinated development and management NOT AFFECTED.—This section does not affect the The greenhouses and nursery shall be used The policy to be followed for the attainment of superintendence and control of the Secretary of only for the propagation of trees, shrubs, and the objective established by section 8302 of this the Army over the Washington Aqueduct and plants suitable for planting in the public res- title, and for the more effective exercise by Con- the rights, appurtenances, and fixtures con- ervations. Only those trees, shrubs, and plants gress, the executive branch of the Federal Gov- nected with the Aqueduct. shall be planted in the public reservations. SUBCHAPTER III—SERVICES FOR ernment, the Mayor of the District of Columbia, § 8164. E. Barrett Prettyman United States FACILITIES and all other officers, agencies, and instrumen- Courthouse talities of the District of Columbia of their re- § 8141. Contract to rent buildings in the Dis- (a) OPERATION, MAINTENANCE, AND REPAIR.— spective functions, powers, and duties in respect trict of Columbia not to be made until ap- The operation, maintenance, and repair of the of the Washington metropolitan region, shall be propriation enacted E. Barrett Prettyman United States Courthouse, that the functions, powers, and duties shall be A contract shall not be made for the rent of a used by the United States Court of Appeals for exercised and carried out in a manner that building, or part of a building, to be used for the the District of Columbia and the United States (with proper recognition of the sovereignty of purposes of the Federal Government in the Dis- District Court for the District of Columbia, is Maryland and Virginia in respect of those areas trict of Columbia until Congress enacts an ap- under the control of the Administrator of Gen- of the Washington metropolitan region that are propriation for the rent. This section is deemed eral Services. located within their respective jurisdictions) will to be notice to all contractors or lessors of the (b) ALLOCATION OF SPACE.—The allocation of best facilitate the attainment of the coordinated building or a part of the building. space in the Courthouse is vested in the chief development of the areas of the Washington § 8142. Rent of other buildings judge of the United States Court of Appeals for metropolitan area and the coordinated manage- An executive department of the Federal Gov- the District of Columbia and the chief judge of ment of their public affairs so as to contribute ernment renting a building for public use in the the United States District Court for the District effectively to the solution of the community de- District of Columbia may rent a different build- of Columbia. velopment problems of the Washington metro- ing instead if it is in the public interest to do so. § 8165. Services for Office of Personnel Man- politan region on a unified metropolitan basis. This section does not authorize an increase in agement § 8304. Priority projects the number of buildings in use or in the amount For carrying out the work of the Director of In carrying out the policy pursuant to section paid for rent. the Office of Personnel Management and the ex- 8303 of this title for the attainment of the objec- § 8143. Heat aminations provided for in sections 3304 and tive established by section 8302 of this title, pri- (a) CORCORAN GALLERY OF ART.—The Admin- 3305 of title 5, the Administrator of General ority should be given to the solution, on a uni- istrator of General Services may furnish heat Services shall— fied metropolitan basis, of the problems of water from the central heating plant to the Corcoran (1) assign or provide suitable and convenient supply, sewage disposal, and water pollution Gallery of Art, if the Corcoran Gallery of Art rooms and accommodations, which are fur- and transportation. agrees to— nished, heated, and lighted, in Washington, CHAPTER 85—NATIONAL CAPITAL (1) pay for heat furnished at rates the Admin- D.C.; SERVICE AREA AND DIRECTOR istrator determines; and (2) supply necessary stationery and other arti- Sec. (2) connect the building with the Federal Gov- cles; and 8501. National Capital Service Area. ernment mains in a manner satisfactory to the (3) arrange for or provide necessary printing. 8502. National Capital Service Director. Administrator. CHAPTER 83—WASHINGTON § 8501. National Capital Service Area (b) BOARD OF GOVERNORS OF THE FEDERAL METROPOLITAN REGION DEVELOPMENT (a) ESTABLISHMENT.— RESERVE SYSTEM.—The Administrator may fur- Sec. (1) BOUNDARIES.—The National Capital Serv- nish steam from the central heating plant for 8301. Definition. ice Area is in the District of Columbia and in- the use of the Board of Governors of the Federal 8302. Necessity for coordination in the develop- cludes the principal federal monuments, the Reserve System on the property which the ment of the Washington metro- White House, the Capitol Building, the United Board acquired in squares east of 87 and east of politan region. States Supreme Court Building, and the federal 88 in the District of Columbia if the Board 8303. Declaration of policy of coordinated de- executive, legislative, and judicial office build- agrees to— velopment and management. ings located adjacent to the Mall and the Cap- (1) pay for the steam furnished at reasonable 8304. Priority projects. itol Building, and is more particularly described rates the Administrator determines but that are as the area bounded as follows: at least equal to cost; and § 8301. Definition Beginning at that point on the present Vir- (2) provide the necessary connections with the In this chapter, the term ‘‘Washington metro- ginia-District of Columbia boundary due west of Government mains at its own expense and in a politan region’’ includes the District of Colum- the northernmost point of Theodore Roosevelt manner satisfactory to the Administrator. bia, the counties of Montgomery and Prince Island and running due east to the eastern (c) NON-FEDERAL PUBLIC BUILDINGS.—The Georges in Maryland, and the counties of Ar- shore of the Potomac River; Administrator shall determine the rates to be lington and Fairfax and the cities of Alexandria thence generally south along the shore at the paid for steam furnished to the Corcoran Gal- and Falls Church in Virginia. mean high water mark to the northwest corner lery of Art, the Pan American Union Buildings, § 8302. Necessity for coordination in the devel- of the Kennedy Center; thence east along the northern side of the the American Red Cross Buildings, and other opment of the Washington metropolitan re- Kennedy Center to a point where it reaches the non-federal public buildings authorized to region ceive steam from the central heating plant. E Street Expressway; Because the District of Columbia is the seat of thence east on the expressway to E Street § 8144. Delivery of fuel for use during ensuing the Federal Government and has become the Northwest and thence east on E Street North- fiscal year urban center of a rapidly expanding Wash- west to Eighteenth Street Northwest; During April, May, and June of each year, ington metropolitan region, the necessity for the thence south on Eighteenth Street Northwest the Administrator of General Services may de- continued and effective performance of the to Constitution Avenue Northwest; liver to all branches of the Federal Government functions of the Government in the District of thence east on Constitution Avenue to Seven- and the government of the District of Columbia Columbia, the general welfare of the District of teenth Street Northwest;

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.035 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3357 thence north on Seventeenth Street Northwest northern shore at the mean high water mark to 1975, and which applied to and in the areas in- to Pennsylvania Avenue Northwest; the northern most point of the Eleventh Street cluded in the National Capital Service Area pur- thence east on Pennsylvania Avenue to Jack- Bridge; suant to this section continue to be applicable to son Place Northwest; thence generally south and east along the and in the National Capital Service Area in the thence north on Jackson Place to H Street northern side of the Eleventh Street Bridge to same manner and to the same extent as if this Northwest; the eastern shore of the Anacostia River; section had not been enacted and remain appli- thence east on H Street Northwest to Madison thence generally south and west along such cable until repealed, amended, altered, modified, Place Northwest; shore at the mean high water mark to the point or superseded. thence south on Madison Place Northwest to of confluence of the Anacostia and Potomac (c) AVAILABILITY OF SERVICES AND FACILI- Pennsylvania Avenue Northwest; Rivers; TIES.—As far as practicable, any service or facil- thence east on Pennsylvania Avenue North- thence generally south along the eastern ity authorized by the District of Columbia Home west to Fifteenth Street Northwest; shore at the mean high water mark of the Poto- Rule Act (Public Law 93–198, 87 Stat. 774) to be thence south on Fifteenth Street Northwest to mac River to the point where it meets the rendered or furnished (including maintenance Pennsylvania Avenue Northwest; present southeastern boundary line of the Dis- of streets and highways, and services under sec- thence southeast on Pennsylvania Avenue trict of Columbia; tion 1537 of title 31) shall be made available to Northwest to John Marshall Place Northwest; thence south and west along such south- the Senate, the House of Representatives, Con- thence north on John Marshall Place North- eastern boundary line to the point where it gress, any committee, commission, or board of west to C Street Northwest; meets the present Virginia-District of Columbia the Senate, the House of Representatives, or thence east on C Street Northwest to Third boundary; Congress, the Architect of the Capitol, any other Street Northwest; thence generally north and west up the Poto- officer of the legislative branch who on January thence north on Third Street Northwest to D mac River along the Virginia-District of Colum- 1, 1975, was vested with authority over those Street Northwest; bia boundary to the point of beginning. buildings and grounds, the Chief Justice of the thence east on D Street Northwest to Second (2) STREETS AND SIDEWALKS INCLUDED.— United States, the Marshal of the Supreme Street Northwest; Where the area in paragraph (1) is bounded by Court, and the Librarian of Congress on their thence south on Second Street Northwest to a street, the street, and any sidewalk of the request. If payment would be required for the the intersection of Constitution Avenue North- street, are included in the area. rendition or furnishing of a similar service or fa- west and Louisiana Avenue Northwest; (3) FEDERAL PROPERTY THAT AFFRONTED OR cility to any other federal agency, the recipient, thence northeast on Louisiana Avenue North- ABUTTED THE AREA DEEMED TO BE IN THE on presentation of proper vouchers and as west to North Capitol Street; AREA.—Federal real property that on December agreed on by the parties, shall pay for the serv- thence north on North Capitol Street to Mas- 24, 1973, affronted or abutted the area described ice or facility in advance or by reimbursement. sachusetts Avenue Northwest; in paragraph (1) is deemed to be in the area. For (d) RIGHT TO PARTICIPATE IN ELECTION NOT thence southeast on Massachusetts Avenue the purposes of this paragraph, federal real AFFECTED BY RESIDENCY.—An individual may Northwest so as to encompass Union Square; property affronting or abutting the area de- not be denied the right to vote or otherwise par- thence following Union Square to F Street scribed in paragraph (1)— ticipate in any manner in any election in the Northeast; (A) is deemed to include Fort Lesley McNair, District of Columbia solely because the indi- thence east on F Street Northeast to Second the Washington Navy Yard, the Anacostia vidual resides in the National Capital Service Street Northeast; Naval Annex, the United States Naval Station, Area. thence south on Second Street Northeast to D Bolling Air Force Base, and the Naval Research Street Northeast; Laboratory; and § 8502. National Capital Service Director thence west on D Street Northeast to First (B) does not include any area situated outside (a) ESTABLISHMENT AND COMPENSATION.— Street Northeast; of the District of Columbia boundary as it ex- There is in the Executive Office of the President thence south on First Street Northeast to isted immediately prior to December 24, 1973, the National Capital Service Director who shall Maryland Avenue Northeast; any part of the Anacostia Park situated east of be appointed by the President. The Director thence generally north and east on Maryland the northern side of the Eleventh Street Bridge, shall receive compensation at the maximum rate Avenue to Second Street Northeast; or any part of the Rock Creek Park. established for level IV of the Executive Sched- thence south on Second Street Northeast to C (b) APPLICABILITY OF OTHER PROVISIONS.— ule under section 5314 of title 5. Street Southeast; (1) PROVISIONS COVERING BUILDINGS AND (b) PERSONNEL.—The Director may appoint thence west on C Street Southeast to New Jer- GROUNDS IN AREA NOT AFFECTED.— Except to the and fix the rate of compensation of necessary sey Avenue Southeast; extent specifically provided by this section, this personnel, subject to chapters 33 and 51 and thence south on New Jersey Avenue Southeast section does not— subchapter III of chapter 53 of title 5. to D Street Southeast; (A) apply to the United States Capitol Build- (c) DUTIES.— thence west on D Street Southeast to Canal ings and Grounds as defined and described in (1) PRESIDENT.—The President, through the Street Parkway; sections 5101 and 5102, any other buildings and Director and using District of Columbia govern- thence southeast on Canal Street Parkway to grounds under the care of the Architect of the mental services to the extent practicable, shall E Street Southeast; Capitol, the Supreme Court Building and ensure that there is provided in the area de- thence west on E Street Southeast to the inter- grounds as described in section 6101 of this title, scribed in section 8501(a) of this title adequate section of Washington Avenue Southwest and and the Library of Congress buildings and fire protection and sanitation services. South Capitol Street; grounds as defined in section 11 of the Act of (2) DIRECTOR.—Except with respect to that thence northwest on Washington Avenue August 4, 1950 (2 U.S.C. 167j); and part of the National Capital Service Area com- Southwest to Second Street Southwest; (B) repeal, amend, alter, modify, or prising the United States Capitol Buildings and thence south on Second Street Southwest to supersede— Grounds as defined and described in sections Virginia Avenue Southwest; (i) chapter 51 of this title, section 9, 9A, 9B, 9C 5101 and 5102, the Supreme Court Building and thence generally west on Virginia Avenue to or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. grounds as described in section 6101 of this title, Third Street Southwest; 719, 720), any other general law of the United and the Library of Congress buildings and thence north on Third Street Southwest to C States, any law enacted by Congress and appli- grounds as defined in section 11 of the Act of Street Southwest; cable exclusively to the District of Columbia, or August 4, 1950 (2 U.S.C. 167j), the Director shall thence west on C Street Southwest to Sixth any rule or regulation prescribed pursuant to ensure that there is provided in the remainder of Street Southwest; any of those provisions, that was in effect on the area described in section 8501(a) of this title thence north on Sixth Street Southwest to January 1, 1975, and that pertained to those adequate police protection and maintenance of Independence Avenue; buildings and grounds; or streets and highways. thence west on Independence Avenue to (ii) any authority which existed on December CHAPTER 87—PHYSICAL DEVELOPMENT Twelfth Street Southwest; 24, 1973, with respect to those buildings and OF NATIONAL CAPITAL REGION thence south on Twelfth Street Southwest to grounds and was vested on January 1, 1975, in D Street Southwest; the Senate, the House of Representatives, Con- SUBCHAPTER I—GENERAL thence west on D Street Southwest to Four- gress, any committee, commission, or board of Sec. teenth Street Southwest; the Senate, the House of Representatives, or 8701. Findings and purposes. thence south on Fourteenth Street Southwest Congress, the Architect of the Capitol or any 8702. Definitions. to the middle of the Washington Channel; other officer of the legislative branch, the Chief SUBCHAPTER II—PLANNING AGENCIES thence generally south and east along the Justice of the United States, the Marshal of the 8711. National Capital Planning Commission. mid-channel of the Washington Channel to a Supreme Court, or the Librarian of Congress. 8712. Mayor of the District of Columbia. point due west of the northern boundary line of (2) CONTINUED APPLICATION OF LAWS, REGULA- Fort Lesley McNair; TIONS, AND RULES.—Except to the extent other- SUBCHAPTER III—PLANNING PROCESS thence due east to the side of the Washington wise specifically provided in this section, all 8721. Comprehensive plan for the National Channel; general laws of the United States and all laws Capital. thence following generally south and east enacted by the Congress and applicable exclu- 8722. Proposed federal and district develop- along the side of the Washington Channel at sively to the District of Columbia, including reg- ments and projects. the mean high water mark, to the point of con- ulations and rules prescribed pursuant to any of 8723. Capital improvements. fluence with the Anacostia River, and along the those laws, that were in effect on January 1, 8724. Zoning regulations and maps.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6343 E:\CR\FM\A11JN7.036 pfrm01 PsN: H11PT1 H3358 CONGRESSIONAL RECORD — HOUSE June 11, 2002

8725. Recommendations on platting and subdi- territory the Federal Government owns in the (e) PRINCIPAL DUTIES.—The principal duties viding land. environs. of the National Capital Planning Commission 8726. Authorization of appropriations. (3) NATIONAL CAPITAL REGION.—The term include— SUBCHAPTER IV—ACQUIRING AND ‘‘National Capital region’’ means— (1) preparing, adopting, and amending a com- DISPOSING OF LAND (A) the District of Columbia; prehensive plan for the federal activities in the (B) Montgomery and Prince Georges Counties 8731. Acquiring land for park, parkway, or National Capital and making related rec- in Maryland; playground purposes. ommendations to the appropriate developmental (C) Arlington, Fairfax, Loudoun, and Prince 8732. Acquiring land subject to limited rights agencies; and William Counties in Virginia; and reserved to grantor and limited (2) serving as the central planning agency for (D) all cities in Maryland or Virginia in the permanent rights in land adjoin- the Government within the National Capital re- geographic area bounded by the outer bound- ing park property. gion and reviewing the development programs of 8733. Lease of land acquired for park, park- aries of the combined area of the counties listed the developmental agencies to advise as to con- way, or playground purposes. in subparagraphs (B) and (C). sistency with the comprehensive plan. 8734. Sale of land by Mayor. (4) PLANNING AGENCY.—The term ‘‘planning (f) TRANSFER OF OTHER FUNCTIONS, POWERS, 8735. Sale of land by Secretary of the Interior. agency’’ means any city, county, bi-county, AND DUTIES.—The National Capital Planning 8736. Execution of deeds. part-county, or regional planning agency au- Commission shall carry out all other functions, 8737. Authorization of appropriations. thorized under state and local laws to make and powers, and duties of the National Capital Park adopt comprehensive plans. SUBCHAPTER I—GENERAL and Planning Commission, including those for- SUBCHAPTER II—PLANNING AGENCIES merly vested in the Highway Commission estab- § 8701. Findings and purposes lished by the Act of March 2, 1893 (ch. 197, 27 (a) FINDINGS.—Congress finds that— § 8711. National Capital Planning Commis- sion Stat. 532), and those formerly vested in the Na- (1) the location of the seat of government in tional Capital Park Commission by the Act of (a) ESTABLISHMENT AND PURPOSE.—The Na- the District of Columbia has brought about the June 6, 1924 (ch. 270, 43 Stat. 463). development of a metropolitan region extending tional Capital Planning Commission is the cen- (g) ESTIMATE.—The National Capital Plan- tral federal planning agency for the Federal well into adjoining territory in Maryland and ning Commission shall submit to the Office of Government in the National Capital, created to Virginia; Management and Budget before December 16 of (2) effective comprehensive planning is nec- preserve the important historical and natural each year its estimate of the total amount to be essary on a regional basis and of continuing im- features of the National Capital, except for the appropriated for expenditure under this chapter portance to the federal establishment; United States Capitol Buildings and Grounds (except sections 8732–8736) during the next fiscal (3) the distribution of federal installations (as defined and described in sections 5101 and year. throughout the region has been and will con- 5102), any extension of, or additions to, those (h) FEES.—The National Capital Planning tinue to be a major influence in determining the Buildings and Grounds, and buildings and Commission may charge fees to cover the full extent and character of development; grounds under the care of the Architect of the cost of Geographic Information System products (4) there is needed a central planning agency Capitol. and services the Commission supplies. The fees for the National Capital region to coordinate (b) COMPOSITION.— shall be credited to the applicable appropriation certain developmental activities of the many dif- (1) MEMBERSHIP.—The National Capital Plan- account as an offsetting collection and remain ferent agencies of the Federal and District of ning Commission is composed of— available until expended. Columbia Governments so that those activities (A) ex officio, the Secretary of the Interior, may conform with general objectives; the Secretary of Defense, the Administrator of § 8712. Mayor of the District of Columbia (5) there is an increasing mutuality of interest General Services, the Mayor of the District of (a) PLANNING RESPONSIBILITIES.—The Mayor and responsibility between the various levels of Columbia, the Chairman of the Council of the of the District of Columbia is the central plan- government that calls for coordinate and unified District of Columbia, the chairman of the Com- ning agency for the government of the District policies in planning both federal and local de- mittee on Governmental Affairs of the Senate, of Columbia in the National Capital and is re- velopment in the interest of order and economy; and the chairman of the Committee on Govern- sponsible for coordinating the planning activi- (6) there are developmental problems of an ment Reform of the House of Representatives, or ties of the District government and for preparing interstate character, the planning of which rean alternate any of those individuals des- and implementing the District elements of the quires collaboration between federal, state, and ignates; and comprehensive plan for the National Capital, local governments in the interest of equity and (B) five citizens with experience in city or re- which may include land use elements, urban re- constructive action; and gional planning, three of whom shall be ap- newal and redevelopment elements, a multiyear (7) the instrumentalities and procedures pro- pointed by the President and two of whom shall program of public works for the District, and vided in this chapter will aid in providing Con- be appointed by the Mayor. physical, social, economic, transportation, and gress with information and advice requisite to (2) RESIDENCY REQUIREMENT.—The citizen population elements. The Mayor’s planning re- legislation. members appointed by the Mayor shall be resi- sponsibility shall not extend to— (b) PURPOSES.— dents of the District of Columbia. Of the three (1) federal or international projects and devel- (1) IN GENERAL.—The purposes of this chapter appointed by the President, at least one shall be opments in the District, as determined by the (except sections 8733–8736) are— a resident of Virginia and at least one shall be National Capital Planning Commission; or (A) to secure comprehensive planning for the a resident of Maryland. (2) the United States Capitol Buildings and physical development of the National Capital (3) TERMS.—An individual appointed by the Grounds as defined and described in sections and its environs; President serves for six years. An individual ap- 5101 and 5102, any extension of, or additions to, (B) to provide for the participation of the appointed by the Mayor serves for four years. An those Buildings and Grounds, and buildings propriate planning agencies of the environs in individual appointed to fill a vacancy shall be and grounds under the care of the Architect of the planning; and appointed only for the unexpired term of the in- the Capitol. (C) to establish the agency and procedures dividual being replaced. (b) PARTICIPATION AND CONSULTATION.—In requisite to the administration of the functions (4) PAY AND EXPENSES.—Citizen members are carrying out the responsibilities under this sec- of the Federal and District Governments related entitled to $100 a day when performing duties tion and section 8721 of this title, the Mayor to the planning. vested in the Commission and to reimbursement shall establish procedures for citizen participa- (2) OBJECTIVE.—The general objective of this for necessary expenses incurred in performing tion in the planning process and for appropriate chapter (except sections 8733–8736) is to enable those duties. meaningful consultation with any state or local appropriate agencies to plan for the develop- (c) CHAIRMAN AND OFFICERS.—The President government or planning agency in the National ment of the federal establishment at the seat of shall designate the Chairman of the National Capital region affected by any aspect of a com- government in a manner— Capital Planning Commission. The Commission prehensive plan, including amendments, affect- (A) consistent with the nature and function of may elect from among its members other officers ing or relating to the District. the National Capital and with due regard for as it considers desirable. SUBCHAPTER III—PLANNING PROCESS the rights and prerogatives of the adjoining (d) PERSONNEL.—The National Capital Plan- States and local governments to exercise control ning Commission may employ a Director, an ex- § 8721. Comprehensive plan for the National appropriate to their functions; and ecutive officer, and other technical and admin- Capital (B) which will, in accordance with present istrative personnel as it considers necessary. (a) PREPARATION AND ADOPTION BY COMMIS- and future needs, best promote public health, Without regard to section 3709 of the Revised SION.—The National Capital Planning Commis- safety, morals, order, convenience, prosperity, Statues (41 U.S.C. 5) and section 3109, chapters sion shall prepare and adopt a comprehensive, and the general welfare, as well as efficiency 33 and 51, and subchapter III of chapter 53, of consistent, and coordinated plan for the Na- and economy in the process of development. title 5, the Commission may employ, by contract tional Capital. The plan shall include the Com- § 8702. Definitions or otherwise, the temporary or intermittent (not mission’s recommendations or proposals for fed- In this chapter— more than one year) services of city planners, eral developments or projects in the environs (1) ENVIRONS.—The term ‘‘environs’’ means architects, engineers, appraisers, and other ex- and District elements of the comprehensive plan, the territory surrounding the District of Colum- perts or organizations of experts, as may be nec- or amendments to the elements, adopted by the bia included in the National Capital region. essary to carry out its functions. The Commis- Council of the District of Columbia and with re- (2) NATIONAL CAPITAL.—The term ‘‘National sion shall fix the rate of compensation so as not spect to which the Commission has not deter- Capital’’ means the District of Columbia and to exceed the rate usual for similar services. mined a negative impact exists. Those elements

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or amendments shall be incorporated into the and recommendations to the Council and the (b) CONSULTATION BETWEEN AGENCIES AND comprehensive plan without change. The Com- element or amendment shall not be implemented. COMMISSION.— mission may include in its plan any part of a (d) RESUBMISSION DEEMED NEW ELEMENT OR (1) BEFORE CONSTRUCTION PLANS PREPARED.— plan adopted by any planning agency in the en- AMENDMENT.—Any element or amendment To ensure the comprehensive planning and or- virons and may make recommendations of col- which the Commission has determined has a derly development of the National Capital, a lateral interest to the agencies. The Commission negative impact on the federal establishment in federal or District of Columbia agency, before may adopt any part of an element. The Commis- the National Capital which is submitted again preparing construction plans the agency origi- sion shall review and may amend or extend the in a modified form not less than one year from nates for proposed developments and projects or plan so that its recommendations may be kept the day it was last rejected by the Commission before making a commitment to acquire land, to up to date. is deemed to be a new element or amendment for be paid for at least in part from federal or Dis- (b) REVIEW BY DISTRICT OF COLUMBIA.—The purposes of the review procedure specified in trict amounts, shall advise and consult with the Mayor of the District of Columbia shall submit this section. Commission as the agency prepares plans and each District element of the comprehensive plan, (e) REVIEW, HEARINGS, AND CITIZEN ADVISORY programs in preliminary and successive stages and any amendment, to the Council for revision COUNCILS.— that affect the plan and development of the Na- or modification, and adoption, by act, following (1) REVIEW.—Before the comprehensive plan, tional Capital. After receiving the plans, maps, public hearings. Following adoption and prior any element of the plan, or any revision is and data, the Commission promptly shall make to implementation, the Council shall submit adopted, the Commission shall present the plan, a preliminary report and recommendations to each element or amendment to the Commission element, or revision to the appropriate federal or the agency. If the agency, after considering the for review and comment with regard to the im- District of Columbia authorities for comment report and recommendations of the Commission, pact of the element or amendment on the inter- and recommendations. The Commission may does not agree, it shall advise the Commission ests or functions of the federal establishment in present the proposed revisions annually in a and provide the reasons why it does not agree. the National Capital. consolidated form. Recommendations by federal The Commission then shall submit a final re- (c) COMMISSION RESPONSE TO COUNCIL AC- and District of Columbia authorities are not port. After consultation and suitable consider- TION.— binding on the Commission, but the Commission ation of the views of the Commission, the agen- (1) PERIOD OF REVIEW.—Within 60 days after shall give careful consideration to any views cy may proceed to take action in accordance receiving an element or amendment from the and recommendations submitted prior to final with its legal responsibilities and authority. Council, the Commission shall certify to the adoption. (2) EXCEPTIONS.— Council whether the element or amendment has (2) HEARINGS AND CITIZEN ADVISORY COUN- (A) IN GENERAL.—Paragraph (1) does not a negative impact on the interests or functions CILS.—The Commission— apply to projects within the Capitol grounds or of the federal establishment in the National (A) may provide periodic opportunity for re- to structures erected by the Department of De- Capital. view and comments by nongovernmental agen- fense during wartime or national emergency (2) NO NEGATIVE IMPACT.—If the Commission cies or groups through public hearings, meet- within existing military, naval, or Air Force res- takes no action in the 60-day period, the element ings, or conferences, exhibitions, and publica- ervations, except that the appropriate defense or amendment is deemed to have no negative im- tion of its plans; and agency shall consult with the Commission as to pact and shall be incorporated into the com- (B) in consultation with the Council, may en- any developments which materially affect traffic prehensive plan for the National Capital and courage the formation of citizen advisory coun- or require coordinated planning of the sur- implemented. cils. rounding area. (B) ADVANCE DECISIONS OF COMMISSION.—The (3) NEGATIVE IMPACT.— (f) EXTENSION OF TIME LIMITATIONS.—On re- Commission shall determine in advance the type (A) CERTIFICATION TO COUNCIL.—If the Com- quest of the Commission, the Council may grant mission finds a negative impact, it shall certify an extension of any time limitation contained in or kinds of plans, developments, projects, im- its findings and recommendations to the Coun- this section. provements, or acquisitions which do not need cil. (g) PUBLISHING COMPREHENSIVE PLAN.—As to be submitted for review by the Commission as (B) RESPONSE OF COUNCIL.—On receipt of the appropriate, the Commission and the Mayor to conformity with its plans. (c) ADDITIONAL PROCEDURE FOR DEVELOP- Commission’s findings and recommendations, jointly shall publish a comprehensive plan for MENTS AND PROJECTS WITHIN ENVIRONS.— the Council may— the National Capital, consisting of the elements (1) SUBMISSION TO COMMISSION.—Within the (i) accept the findings and recommendations of the comprehensive plan for the federal activi- environs, general plans showing the location, and modify the element or amendment accord- ties in the National Capital developed by the Commission and the District elements developed character, and extent of, and intensity of use ingly; or for, proposed federal and District developments (ii) reject the findings and recommendations by the Mayor and the Council in accordance and projects involving the acquisition of land and resubmit a modified form of the element or with this section. shall be submitted to the Commission for report amendment to the Commission for reconsider- (h) PROCEDURES FOR CONSULTATION.— and recommendations before a final commitment ation. (1) COMMISSION AND MAYOR.—The Commission to the acquisition is made, unless the matter (C) FINDINGS AND RECOMMENDATIONS ACCEPT- and the Mayor jointly shall establish procedures specifically has been approved by law. ED.—If the Council accepts the findings and rec- for appropriate meaningful continuing consulta- (2) COMMISSION ACTION.—Before acting on ommendations and modifies the element or tion throughout the planning process for the National Capital. any general plan, the Commission shall advise amendment, the Council shall submit the ele- and consult with the appropriate planning ment or amendment to the Commission for the (2) GOVERNMENT AGENCIES.—In order that the National Capital may be developed in accord- agency having jurisdiction over the affected Commission to determine whether the modifica- part of the environs. When the Commission de- tion has been made in accordance with the Com- ance with the comprehensive plan, the Commis- sion, with the consent of each agency concerned cides that proposed developments or projects mission’s findings and recommendations. If the submitted to the Commission under subsection Commission does not act on the modified ele- as to its representation, may establish advisory and coordinating committees composed of rep- (b) involve a major change in the character or ment or amendment within 30 days after receiv- intensity of an existing use in the environs, the ing it, the element or amendment is deemed to resentatives of agencies of the Federal and Dis- trict of Columbia Governments as may be nec- Commission shall advise and consult with the have been modified in accordance with the find- planning agency. The report and recommenda- ings and recommendations and shall be incor- essary or helpful to obtain the maximum amount of cooperation and correlation of effort among tions shall be submitted within 60 days and porated into the comprehensive plan for the Na- shall be accompanied by any reports or rec- tional Capital and implemented. If within the the various agencies. As it considers appropriate, the Commission may invite representa- ommendations of the planning agency. 30-day period the Commission again determines (3) WORKING WITH STATE OR LOCAL AUTHORITY tives of the planning and developmental agen- the element or amendment has a negative impact OR AGENCY.—In carrying out its planning func- cies of the environs to participate in the work of on the functions or interests of the federal es- tions with respect to federal developments or the committees. tablishment in the National Capital, the element projects in the environs, the Commission may or amendment shall not be implemented. § 8722. Proposed federal and district develop- work with, and make agreements with, any (D) FINDINGS AND RECOMMENDATIONS RE- ments and projects state or local authority or planning agency as JECTED.—If the Council rejects the findings and (a) AGENCIES TO USE COMMISSION AS CENTRAL the Commission considers necessary to have a recommendations and resubmits a modified ele- PLANNING AGENCY.—Agencies of the Federal plan or proposal adopted and carried out. ment or amendment, the Commission, within 60 Government responsible for public developments (d) APPROVAL OF FEDERAL PUBLIC BUILD- days after receiving it, shall decide whether the and projects shall cooperate and correlate their INGS.—The provisions of the Act of June 20, 1938 modified element or amendment has a negative efforts by using the National Capital Planning (ch. 534, 52 Stat. 802) shall not apply to federal impact on the interests or functions of the fed- Commission as the central planning agency for public buildings. In order to ensure the orderly eral establishment within the National Capital. federal activities in the National Capital region. development of the National Capital, the loca- If the Commission does not act within the 60- To aid the Commission in carrying out this tion, height, bulk, number of stories, and size of day period, the modified element or amendment function, federal and District of Columbia gov- federal public buildings in the District of Colum- is deemed to have no negative impact and shall ernmental agencies on request of the Commis- bia and the provision for open space in and be incorporated into the comprehensive plan sion shall furnish plans, data, and records the around federal public buildings in the District and implemented. If the Commission finds a neg- Commission requires. The Commission on re- of Columbia is subject to the approval of the ative impact, it shall certify its findings (in suf- quest shall furnish related plans, data, and Commission. ficient detail that the Council can understand records to federal and District of Columbia gov- (e) APPROVAL OF DISTRICT GOVERNMENT the basis of the objection of the Commission) ernmental agencies. BUILDINGS IN CENTRAL AREA.—Subsection (d) is

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.037 pfrm01 PsN: H11PT1 H3360 CONGRESSIONAL RECORD — HOUSE June 11, 2002 extended to include public buildings erected by Commission then shall submit a final report land in certain specified ways which would es- any agency of the Government of the District of within 30 days. After considering the final re- sentially impair the value of the park property Columbia in the central area of the District (as port, the Council may act in accordance with its for its purposes. defined by concurrent action of the Commission legal responsibilities and authority. (b) PREREQUISITES TO ACQUISITION.— and the Council of the District of Columbia), ex- (b) BY PLANNING COMMISSION.—The Commis- (1) FEE TITLE TO LAND SUBJECT TO LIMITED cept that the Commission shall transmit its ap- sion shall submit to the Council any proposed RIGHTS.—The reservation of rights to the grant- proval or disapproval within 30 days after the change in, or amendment to, the general orders or shall not continue beyond the life of the day the proposal was submitted to the Commis- that the Commission considers appropriate. The grantor of the fee. The Commission must decide sion. Council shall treat the amendments proposed in that the permanent public park purposes for § 8723. Capital improvements the same manner as other proposed amend- which control over the land is needed are not es- ments. sentially impaired by the reserved rights and (a) SIX-YEAR PROGRAM OF PUBLIC WORKS that there is a substantial saving in cost by ac- PROJECTS.—The National Capital Planning § 8726. Authorization of appropriations quiring the land subject to the limited rights as Commission shall recommend a six-year program Amounts necessary to carry out this sub- compared with the cost of acquiring of public works projects for the Federal Govern- chapter may be appropriated from money in the unencumbered title to the land. ment which the Commission shall review annu- Treasury not otherwise appropriated and from (2) PERMANENT RIGHTS IN LAND ADJOINING ally with the agencies concerned. Each federal any appropriate appropriation law, except the PARK PROPERTY.—The Commission must decide agency shall submit to the Commission in the annual District of Columbia Appropriation Act. that the protection and maintenance of the es- first quarter of each fiscal year a copy of its ad- SUBCHAPTER IV—ACQUIRING AND sential public values of the park can be secured vance program of capital improvements within DISPOSING OF LAND more economically by acquiring the permanent the National Capital and its environs. § 8731. Acquiring land for park, parkway, or rights than by acquiring the land. (b) SUBMISSION OF MULTIYEAR CAPITAL IM- playground purposes (c) PRESIDENTIAL APPROVAL REQUIRED.—All PROVEMENT PLAN.—By February 1 of each year, (a) AUTHORITY TO ACQUIRE LAND.—The Na- contracts to acquire land or rights under this the Mayor of the District of Columbia shall sub- tional Capitol Planning Commission shall ac- section are subject to the approval of the Presi- mit to the Commission a copy of the multiyear quire land the Planning Commission believes is dent. capital improvements plan for the District of Co- necessary and desirable in the District of Co- § 8733. Lease of land acquired for park, park- lumbia that the Mayor develops under section lumbia and adjacent areas in Maryland and way, or playground purposes 444 of the District of Columbia Home Rule Act Virginia for suitable development of the Na- (Public Law 93–198, 87 Stat. 800). The Commis- tional Capital park, parkway, and playground The Secretary of the Interior may lease, for sion has 30 days in which to comment on the system. The acquisition must be within the lim- not more than five years, land or an existing plan but may not change or disapprove of the its of the appropriations made for those pur- building or structure on land acquired for park, plan. poses. The Planning Commission shall request parkway, or playground purposes, and may § 8724. Zoning regulations and maps the advice of the Commission of Fine Arts in se- renew the lease for an additional five years. A lease or renewal under this section is— (a) AMENDMENTS OF ZONING REGULATIONS AND lecting land to be acquired. (1) subject to the approval of the National MAPS.—The National Capital Planning Commis- (b) HOW LAND MAY BE ACQUIRED.— Capital Planning Commission; sion may make a report and recommendation to (1) PURCHASE OR CONDEMNATION PRO- (2) subject to the need for the immediate use of the Zoning Commission of the District of Colum- CEEDING.—The National Capital Planning Com- the land, building, or structure in other ways by bia, as provided in section 5 of the Act of June mission may buy land when the land can be ac- the public; and 20, 1938 (ch. 534, 52 Stat. 798), on the relation, quired at a price the Planning Commission con- (3) on terms the Administrator decides. conformity, or consistency of proposed amend- siders reasonable or by a condemnation pro- ments of the zoning regulations and maps with ceeding when the land cannot be bought at a § 8734. Sale of land by Mayor the comprehensive plan for the National Cap- reasonable price. (a) AUTHORITY TO SELL.—With the approval ital. The Planning Commission may also submit (2) LAND IN THE DISTRICT OF COLUMBIA.—A of the National Capital Planning Commission, to the Zoning Commission proposed amendments condemnation proceeding to acquire land in the the Mayor of the District of Columbia, for the or general revisions to the zoning regulations or District of Columbia shall be conducted in ac- best interests of the District of Columbia, may the zoning map for the District of Columbia. cordance with section 1 of the Act of December sell to the highest bidder at public or private 23, 1963 (Public Law 88–241, 77 Stat. 571). (b) ADDITIONAL REPORT BY PLANNING COM- sale real estate in the District of Columbia (3) LAND IN MARYLAND OR VIRGINIA.—The MISSION.—When requested by an authorized rep- owned in fee simple by the District of Columbia Planning Commission may acquire land in resentative of the Planning Commission, the for municipal use that the Council of the Dis- Maryland or Virginia under arrangements Zoning Commission may recess for a reasonable trict of Columbia and the Commission find to be agreed to by the Commission and the proper of- period of time any public hearing it is holding to no longer required for public purposes. ficials of Maryland or Virginia. consider a proposed amendment to the zoning (b) PAYING EXPENSES AND DEPOSITING PRO- (c) CONTROL OF LAND.— CEEDS regulations or map so that the Planning Com- (1) LAND IN THE DISTRICT OF COLUMBIA.— .—The Mayor— mission may have an opportunity to present to Land acquired in the District of Columbia shall (1) may pay the reasonable and necessary ex- the Zoning Commission an additional report on be a part of the park system of the District of penses of the sale of each parcel of land sold; the proposed amendment. Columbia and be under the control of the Direc- and (c) ZONING COMMITTEE OF NATIONAL CAPITAL tor of the National Park Service. The National (2) shall deposit the net proceeds of each sale PLANNING COMMISSION.— Capital Planning Commission may assign areas in the Treasury to the credit of the District of (1) ESTABLISHMENT AND COMPOSITION.—There suitable for playground purposes to the control Columbia. is a Zoning Committee of the National Capital of the Mayor of the District of Columbia for § 8735. Sale of land by Secretary of the Inte- Planning Commission. The Committee consists playground purposes. rior of at least three members of the Planning Com- (2) LAND IN MARYLAND OR VIRGINIA.—Land (a) AUTHORITY TO SELL.—With the approval mission the Planning Commission designates for acquired in Maryland or Virginia shall be con- of the National Capital Planning Commission, that purpose. The number of members serving on trolled as determined by agreement between the the Secretary of the Interior, for the best inter- the Committee may vary. Planning Commission and the proper officials of ests of the Federal Government, may sell, by (2) DUTIES.—The Committee shall carry out Maryland or Virginia. deed or instrument, real estate held by the Gov- the functions vested in the Planning Commis- (d) PRESIDENTIAL APPROVAL REQUIRED.—The ernment in the District of Columbia and under sion under this section and section 8725 of this designation of all land to be acquired by con- the jurisdiction of the National Park Service title— demnation, all contracts to purchase land, and which may be no longer needed for public pur- (A) to the extent the Planning Commission de- all agreements between the National Capital poses. The land may be sold for cash or on a decides; and Planning Commission and the officials of Mary- ferred-payment plan the Secretary approves, at (B) when requested by the Zoning Commission land and Virginia are subject to the approval of a price not less than the Government paid for it and approved by the Planning Commission. the President. and not less than its present appraised value as § 8725. Recommendations on platting and § 8732. Acquiring land subject to limited determined by the Secretary. subdividing land rights reserved to grantor and limited per- (b) SALE TO HIGHEST BIDDER.—In selling any (a) BY COUNCIL OF THE DISTRICT OF COLUM- manent rights in land adjoining park prop- parcel of land under this section, the Secretary BIA.—The Council of the District of Columbia erty shall have public or private solicitation for bids shall submit any proposed change in, or addi- (a) IN GENERAL.—The National Capital Plan- or offers be made as the Secretary considers ap- tion to, the regulations or general orders regu- ning Commission in accordance with this chap- propriate. The Secretary shall sell the parcel to lating the platting and subdividing of lands and ter may acquire, for and on behalf of the Fed- the party agreeing to pay the highest price if grounds in the District of Columbia to the Na- eral Government, by gift, devise, purchase, or the price is otherwise satisfactory. If the price tional Capital Planning Commission for report condemnation— offered or bid by the owner of land abutting the and recommendation before the Council adopts (1) fee title to land subject to limited rights, land to be sold equals the highest price offered the change or addition. The Council shall ad- but not for business purposes, reserved to the or bid by any other party, the parcel may be vise the Commission when it does not agree with grantor; and sold to the owner of the abutting land. the recommendations of the Commission and (2) permanent rights in land adjoining park (c) PAYING EXPENSES AND DEPOSITING PRO- shall give the reasons why it disagrees. The property sufficient to prevent the use of the CEEDS.—The Secretary—

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(1) may pay the reasonable and necessary ex- (2) PERSON.—The term ‘‘person’’ means— ment of, and proposals to establish, commemora- penses of the sale of each parcel of land sold; (A) a public agency; and tive works in the District of Columbia and its and (B) an individual, group or organization— environs and on other matters concerning com- (2) shall deposit the net proceeds of each sale (i) described in section 501(c)(3) of the Inter- memorative works in the Nation’s Capital as the in the Treasury to the credit of the Government nal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) Commission considers appropriate. and the District of Columbia in the proportion and exempt from tax under section 501(a) of the (d) MEETINGS.—The National Capital Memo- that each— Code (26 U.S.C. 501(a)); and rial Commission shall meet at least twice annu- (A) paid the appropriations used to acquire (ii) authorized by Congress to establish a com- ally. the parcels; or memorative work in the District of Columbia § 8905. Site and design approval (B) was obligated to pay the appropriations, and its environs. (a) CONSULTATION ON, AND SUBMISSION OF, at the time of acquisition, by reimbursement. (3) THE DISTRICT OF COLUMBIA AND ITS ENVI- PROPOSALS.—A person authorized by law to es- § 8736. Execution of deeds RONS.—The term ‘‘the District of Columbia and its environs’’ means land and property located tablish a commemorative work in the District of The Mayor of the District of Columbia may in Areas I and II as depicted on the map num- Columbia and its environs may request a permit execute deeds of conveyance for real estate sold bered 869/86501, and dated May 1, 1986, that the for construction of the commemorative work under this subchapter. The deeds shall contain National Park Service and the Administrator of only after the following requirements are met: (1) CONSULTATION.—The person must consult a full description of the land sold as required by General Services administer. with the National Capital Memorial Commission law. (b) NONAPPLICATION.—This chapter does not § 8737. Authorization of appropriations apply to commemorative works authorized by a regarding the selection of alternative sites and designs for the commemorative work. An amount equal to not more than one cent law enacted before January 3, 1985. (2) SUBMITTAL.—Following consultation in ac- for each inhabitant of the continental United § 8903. Congressional authorization of com- cordance with clause (1), the Secretary of the States as determined by the last preceding de- memorative works Interior or the Administrator of General Serv- cennial census may be appropriated each year (a) IN GENERAL.—Commemorative works— ices, as appropriate, must submit, on behalf of in the District of Columbia Appropriation Act (1) may be established on federal lands re- the person, site and design proposals to the for the National Capital Planning Commission ferred to in section 8901(4) of this title only as Commission of Fine Arts and the National Cap- to use for the payment of its expenses and for specifically authorized by law; and ital Planning Commission for their approval. the acquisition of land the Commission may ac- (2) are subject to applicable provisions of this (b) DECISION CRITERIA.—In considering site quire under section 8731 of this title for the pur- chapter. and design proposals, the Commission of Fine poses named, including compensation for the (b) MILITARY COMMEMORATIVE WORKS.—A Arts, National Capital Planning Commission, land, surveys, ascertainment of title, condemna- military commemorative work may be authorized Secretary, and Administrator shall be guided by, tion proceedings, and necessary conveyancing. only to commemorate a war or similar major but not limited by, the following criteria: The appropriated amounts shall be paid from military conflict or a branch of the armed (1) SURROUNDINGS.—To the maximum extent the revenues of the District of Columbia and the forces. A commemorative work commemorating a possible, a commemorative work shall be located general amounts of the Treasury in the same lesser conflict or a unit of an armed force may in surroundings that are relevant to the subject proportion as other expenses of the District of not be authorized. Commemorative works to a of the work. Columbia. war or similar major military conflict may not (2) LOCATION.—A commemorative work shall CHAPTER 89—NATIONAL CAPITAL MEMO- be authorized until at least 10 years after the of- be located so that— RIALS AND COMMEMORATIVE WORKS ficially designated end of the event. (A) it does not interfere with, or encroach on, Sec. (c) WORKS COMMEMORATING EVENTS, INDIVID- an existing commemorative work; and 8901. Purposes. UALS, OR GROUPS.—A commemorative work com- (B) to the maximum extent practicable, it pro- 8902. Definitions and nonapplication. memorating an event, individual, or group of in- tects open space and existing public use. 8903. Congressional authorization of commemo- dividuals, except a military commemorative (3) MATERIAL.—A commemorative work shall rative works. work as described in subsection (b), may not be be constructed of durable material suitable to 8904. National Capital Memorial Commission. authorized until after the 25th anniversary of the outdoor environment. 8905. Site and design approval. the event, death of the individual, or death of (4) LANDSCAPE FEATURES.—Landscape fea- 8906. Criteria for issuance of construction per- the last surviving member of the group. tures of commemorative works shall be compat- mit. (d) CONSULTATION WITH NATIONAL CAPITAL ible with the climate. 8907. Temporary site designation. MEMORIAL COMMISSION.—In considering legisla- § 8906. Criteria for issuance of construction 8908. Areas I and II. tion authorizing commemorative works in the permit District of Columbia and its environs, the Com- 8909. Administrative. (a) CRITERIA FOR ISSUING PERMIT.—Before mittee on House Administration of the House of § 8901. Purposes issuing a permit for the construction of a com- Representatives and the Committee on Energy memorative work in the District of Columbia The purposes of this chapter are— and Natural Resources of the Senate shall so- (1) to preserve the integrity of the comprehen- and its environs, the Secretary of the Interior or licit the views of the National Capital Memorial Administrator of General Services, as appro- sive design of the L’Enfant and McMillan plans Commission. for the Nation’s Capital; priate, shall determine that— (e) EXPIRATION OF LEGISLATIVE AUTHORITY.— (1) the site and design have been approved by (2) to ensure the continued public use and en- Legislative authority for a commemorative work joyment of open space in the District of Colum- the Secretary or Administrator, the National expires at the end of the seven-year period be- Capital Planning Commission and the Commis- bia; ginning on the date the authority is enacted un- (3) to preserve, protect and maintain the lim- sion of Fine Arts; less the Secretary of the Interior or Adminis- (2) knowledgeable individuals qualified in the ited amount of open space available to residents trator of General Services, as appropriate, has of, and visitors to, the Nation’s Capital; and field of preservation and maintenance have been issued a construction permit for the commemora- consulted to determine structural soundness and (4) to ensure that future commemorative works tive work during that period. in areas administered by the National Park durability of the commemorative work and to Service and the Administrator of General Serv- § 8904. National Capital Memorial Commis- ensure that the commemorative work meets high ices in the District of Columbia and its sion professional standards; environs— (a) ESTABLISHMENT AND COMPOSITION.—There (3) the person authorized to construct the (A) are appropriately designed, constructed, is a National Capital Memorial Commission. The commemorative work has submitted contract and located; and membership of the Commission consists of— documents for construction of the commemora- (B) reflect a consensus of the lasting national (1) the Director of the National Park Service; tive work to the Secretary or Administrator; and significance of the subjects involved. (2) the Architect of the Capitol; (4) the person authorized to construct the (3) the Chairman of the American Battle commemorative work has available sufficient § 8902. Definitions and nonapplication Monuments Commission; amounts to complete construction of the project. (a) DEFINITIONS.—In this chapter, the fol- (4) the Chairman of the Commission of Fine (b) DONATION FOR PERPETUAL MAINTENANCE lowing definitions apply: Arts; AND PRESERVATION.— (1) COMMEMORATIVE WORK.—The term ‘‘com- (5) the Chairman of the National Capital (1) AMOUNT.—In addition to the criteria de- memorative work’’— Planning Commission; scribed in subsection (a), a construction permit (A) means any statue, monument, sculpture, (6) the Mayor of the District of Columbia; may not be issued unless the person authorized memorial, plaque, inscription, or other structure (7) the Commissioner of the Public Buildings to construct the commemorative work has do- or landscape feature, including a garden or me- Service of the General Services Administration; nated an amount equal to 10 percent of the total morial grove, designed to perpetuate in a perma- and estimated cost of construction to offset the costs nent manner the memory of an individual, (8) the Secretary of Defense. of perpetual maintenance and preservation of group, event or other significant element of (b) CHAIRMAN.—The Director is the Chairman the commemorative work. The amounts shall be American history; but of the National Capital Memorial Commission. credited to a separate account in the Treasury. (B) does not include an item described in sub- (c) ADVISORY ROLE.—The National Capital (2) AVAILABILITY.—The Secretary of the clause (A) that is located within the interior of Memorial Commission shall advise the Secretary Treasury shall make any part of the donated a structure or a structure which is primarily of the Interior and the Administrator of General amount available to the Secretary of the Interior used for other purposes. Services on policy and procedures for establish- or Administrator for maintenance at the request

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of the Secretary of the Interior or Administrator. (2) AREA II.—Commemorative works of sub- sevelt Island as a natural park for the recre- The Secretary of the Interior or Administrator jects of lasting historical significance to the ation and enjoyment of the public. shall not request more from the separate ac- American people may be located in Area II. § 9302. Consent of Theodore Roosevelt Asso- count than the total amount deposited by per- § 8909. Administrative ciation required for development sons establishing commemorative works in areas (a) MAINTENANCE OF DOCUMENTATION OF DE- (a) GENERAL PLAN FOR DEVELOPMENT.—The the Secretary of the Interior or Administrator SIGN AND CONSTRUCTION.—Complete documenta- Theodore Roosevelt Association must approve administers. tion of design and construction of each com- every general plan for the development of Theo- (3) INVENTORY OF AVAILABLE AMOUNTS.—The memorative work located in the District of Co- dore Roosevelt Island. Secretary of the Interior and Administrator lumbia and its environs shall be provided to the (b) DEVELOPMENT INCONSISTENT WITH PLAN.— shall maintain an inventory of amounts avail- Secretary of the Interior or Administrator of As long as the Association remains in existence, able under this subsection. The amounts are not General Services, as appropriate, and shall be development inconsistent with the general plan subject to annual appropriations. permanently maintained in the manner provided may not be carried out without the Association’s (4) NONAPPLICABILITY.—This subsection does by law. consent. not apply when a department or agency of the (b) RESPONSIBILITY FOR MAINTENANCE OF § 9303. Access to Theodore Roosevelt Island Federal Government constructs the work and COMPLETED WORK.—On completion of any com- less than 50 percent of the funding for the work memorative work in the District of Columbia Subject to the approval of the National Cap- is provided by private sources. and its environs, the Secretary or Administrator, ital Planning Commission and the availability (c) SUSPENSION FOR MISREPRESENTATION IN as appropriate, shall assume responsibility for of appropriations, the Director of the National FUNDRAISING.—The Secretary of the Interior or maintaining the work. Park Service may provide suitable means of ac- Administrator may suspend any activity under (c) REGULATIONS OR STANDARDS.—The Sec- cess to and on Theodore Roosevelt Island. this chapter that relates to the establishment of retary and Administrator shall prescribe appro- § 9304. Source of appropriations a commemorative work if the Secretary or Ad- priate regulations or standards to carry out this The appropriations needed for construction of ministrator determines that fundraising efforts chapter. suitable means of access to and on Theodore relating to the work have misrepresented an af- CHAPTER 91—COMMISSION OF FINE ARTS Roosevelt Island and annually for the care, filiation with the work or the Federal Govern- maintenance, and improvement of the land and ment. Sec. improvements may be made from amounts not (d) ANNUAL REPORT.—The person authorized 9101. Establishment, composition, and vacan- otherwise appropriated from the Treasury. to construct a commemorative work under this cies. 9102. Duties. chapter must submit to the Secretary of the In- CHAPTER 95—WASHINGTON AQUEDUCT 9103. Personnel. AND OTHER PUBLIC WORKS IN THE DIS- terior or Administrator an annual report of op- 9104. Authorization of appropriations. erations, including financial statements audited TRICT OF COLUMBIA by an independent certified public accountant. § 9101. Establishment, composition, and va- Sec. The person shall pay for the report. cancies 9501. Chief of Engineers. (a) ESTABLISHMENT.—There is a Commission § 8907. Temporary site designation 9502. Authority of Chief of Engineers. of Fine Arts. 9503. Record of property. (a) CRITERION FOR DESIGNATION.—If the Sec- (b) COMPOSITION.—The Commission is com- 9504. Reports. retary of the Interior, in consultation with the posed of seven well-qualified judges of the fine 9505. Paying for main pipes. National Capital Memorial Commission, deter- arts, appointed by the President, who serve for 9506. Civil penalty. mines that a site where commemorative works four years each or until their successors are ap- 9507. Control of expenditures. may be displayed on a temporary basis is nec- pointed and qualified. § 9501. Chief of Engineers essary to aid in the preservation of the limited (c) VACANCIES.—The President shall fill va- amount of open space available to residents of, cancies on the Commission. (a) SUPERINTENDENCE DUTIES.— and visitors to, the Nation’s Capital, a site may (d) EXPENSES.—Members of the Commission (1) WASHINGTON AQUEDUCT AND OTHER PUBLIC be designated on land the Secretary administers shall be paid actual expenses in traveling to and WORKS AND IMPROVEMENTS IN THE DISTRICT OF in the District of Columbia. from the District of Columbia to attend Commis- COLUMBIA.—The Chief of Engineers has the im- (b) PLAN.—A designation may be made under sion meetings and while attending those meet- mediate superintendence of— subsection (a) only if, at least 120 days before ings. (A) the Washington Aqueduct, together with all rights, appurtenances, and fixtures con- the designation, the Secretary, in consultation § 9102. Duties with the Commission, prepares and submits to nected with the Aqueduct and belonging to the (a) IN GENERAL.—The Commission of Fine Congress a plan for the site. The plan shall in- Federal Government; and Arts shall advise on— clude specifications for the location, construc- (B) all other public works and improvements (1) the location of statues, fountains, and tion, and administration of the site and criteria in the District of Columbia in which the Govern- monuments in the public squares, streets, and for displaying commemorative works at the site. ment has an interest and which are not other- parks in the District of Columbia; (c) RISK AND AGREEMENT TO INDEMNIFY.—A wise specially provided for by law. (2) the selection of models for statues, foun- commemorative work displayed at the site shall (2) OBEYING REGULATIONS.—In carrying out tains, and monuments erected under the author- be installed, maintained, and removed at the paragraph (1), the Chief of Engineers shall obey ity of the Federal Government; regulations the President prescribes, through sole expense and risk of the person authorized (3) the selection of artists to carry out clause the Secretary of the Army. to display the work. The person shall agree to (2); and indemnify the United States for any liability (4) questions of art generally when required to (b) NO INCREASE IN COMPENSATION.—The arising from the display of the commemorative do so by the President or a committee of Con- Chief of Engineers shall not receive additional work under this section. gress. compensation for the services required under § 8908. Areas I and II (b) DUTY TO REQUEST ADVICE.—The officers this chapter. (c) OFFICE.—The Chief of Engineers shall be (a) AVAILABILITY OF MAP.—The Secretary of required to decide the questions described in furnished an office in one of the public build- the Interior and Administrator of General Serv- subsection (a)(1)–(3) shall request the Commis- ings in the District of Columbia, as the Adminis- ices shall make available, for public inspection sion to provide the advice. trator of General Services directs, and shall be at appropriate offices of the National Park Serv- (c) NONAPPLICATION.—This section does not supplied by the Federal Government with sta- ice and the General Services Administration, the apply to the Capitol Building and the Library of tionery, instruments, books, and furniture map numbered 869/86501, and dated May 1, 1986. Congress buildings. which may be required for the performance of (b) SPECIFIC CONDITIONS APPLICABLE TO AREA § 9103. Personnel the duties of the Chief of Engineers. I AND AREA II.— The Commission of Fine Arts has a secretary (1) AREA I.—After seeking the advice of the and other assistance the Commission authorizes. § 9502. Authority of Chief of Engineers National Capital Memorial Commission, the Sec- The secretary is the executive officer of the (a) IN GENERAL.—The Chief of Engineers and retary or Administrator, as appropriate, may Commission. necessary assistants may use all lawful means recommend the location of a commemorative § 9104. Authorization of appropriations to carry out their duties. work in Area I only if the Secretary or Adminis- (b) SUPPLY OF WATER IN DISTRICT OF COLUM- Necessary amounts may be appropriated to trator decides that the subject of the commemo- BIA.— carry out this chapter. rative work is of preeminent historical and last- (1) PROVIDING WATER.—The Chief of Engi- ing significance to the United States. The Sec- CHAPTER 93—THEODORE ROOSEVELT neers has complete control over the Washington retary or Administrator shall notify the Commis- ISLAND Aqueduct to regulate the manner in which the sion, the Committee on House Administration of Sec. authorities of the District of Columbia may tap the House of Representatives, and the Com- 9301. Maintenance and administration. the supply of water to the inhabitants of the mittee on Energy and Natural Resources of the 9302. Consent of Theodore Roosevelt Associa- District of Columbia. Senate of the recommendation that a commemo- tion required for development. (2) STOPPAGE OF WATER FLOW.—The Chief of rative work should be located in Area I. The lo- 9303. Access to Theodore Roosevelt Island. Engineers shall stop the authorities of the Dis- cation of a commemorative work in Area I is 9304. Source of appropriations. trict of Columbia from tapping the supply of deemed to be authorized only if the rec- § 9301. Maintenance and administration water when the supply is no more than ade- ommendation is approved by law not later than The Director of the National Park Service quate to the wants of the public buildings and 150 calendar days after the notification. shall maintain and administer Theodore Roo- grounds.

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(3) APPEAL OF DECISION.—The decision of the (A) with respect to an executive agency means 11303. Performance-based and results-based Chief of Engineers on all questions concerning any equipment or interconnected system or sub- management. the supply of water under this subsection may system of equipment, used in the automatic ac- SUBCHAPTER II—EXECUTIVE AGENCIES be appealed only to the Secretary of the Army. quisition, storage, manipulation, management, 11311. Responsibilities. § 9503. Record of property movement, control, display, switching, inter- 11312. Capital planning and investment con- The Chief of Engineers shall keep in the office change, transmission, or reception of data or in- trol. a complete record of all land and other property formation by the executive agency, if the equip- 11313. Performance and results-based manage- connected with or belonging to the Washington ment is used by the executive agency directly or ment. Aqueduct and other public works under the is used by a contractor under a contract with 11314. Authority to acquire and manage infor- charge of the Chief of Engineers, together with the executive agency that requires the use— mation technology. accurate plans and surveys of the public (i) of that equipment; or 11315. Agency Chief Information Officer. grounds and reservations in the District of Co- (ii) of that equipment to a significant extent 11316. Accountability. lumbia. in the performance of a service or the furnishing 11317. Significant deviations. of a product; 11318. Interagency support. § 9504. Reports (B) includes computers, ancillary equipment, SUBCHAPTER III—OTHER As superintendent of the Washington Aque- software, firmware and similar procedures, serv- RESPONSIBILITIES duct, the Chief of Engineers annually shall sub- ices (including support services), and related re- 11331. Responsibilities regarding efficiency, se- mit to the Secretary of the Army, within nine sources; but months after the end of the fiscal year, a report (C) does not include any equipment acquired curity, and privacy of federal of the Chief of Engineers’ operations for that by a federal contractor incidental to a federal computer systems. 11332. Federal computer system security train- year and a report of the condition, progress, re- contract. ing and plan. pairs, casualties, and expenditures of the Wash- § 11102. Sense of Congress ington Aqueduct and other public works under SUBCHAPTER I—DIRECTOR OF OFFICE OF the charge of the Chief of Engineers. It is the sense of Congress that, during the MANAGEMENT AND BUDGET five-year period beginning with 1996, executive § 9505. Paying for main pipes agencies should achieve each year through im- § 11301. Responsibility of Director (a) FEDERAL GOVERNMENT.—The Federal Gov- provements in information resources manage- In fulfilling the responsibility to administer ernment shall only pay for the number of main ment by the agency— the functions assigned under chapter 35 of title pipes of the Washington Aqueduct needed to (1) at least a five percent decrease in the cost 44, the Director of the Office of Management furnish public buildings, offices, and grounds (in constant fiscal year 1996 dollars) incurred by and Budget shall comply with this chapter with with the necessary supply of water. the agency in operating and maintaining infor- respect to the specific matters covered by this (b) DISTRICT OF COLUMBIA.—The District of mation technology; and chapter. Columbia shall pay the cost of any main pipe of (2) a five percent increase in the efficiency of § 11302. Capital planning and investment the Washington Aqueduct which supplies water the agency operations. control to the inhabitants of the District of Columbia, in § 11103. Applicability to national security sys- (a) FEDERAL INFORMATION TECHNOLOGY.—The the manner provided by law. tems Director of the Office of Management and § 9506. Civil penalty (a) DEFINITION.— Budget shall perform the responsibilities set A person that, without the consent of the (1) NATIONAL SECURITY SYSTEM.—In this sec- forth in this section in fulfilling the responsibil- Chief of Engineers, taps or opens the mains or tion, the term ‘‘national security system’’ means ities under section 3504(h) of title 44. pipes laid by the Federal Government is liable to a telecommunications or information system op- (b) USE OF INFORMATION TECHNOLOGY IN FED- the Government for a civil penalty of at least erated by the Federal Government, the function, ERAL PROGRAMS.—The Director shall promote $50 and not more than $500. operation, or use of which— and improve the acquisition, use, and disposal § 9507. Control of expenditures (A) involves intelligence activities; of information technology by the Federal Gov- Unless expressly provided for by law, the Sec- (B) involves cryptologic activities related to ernment to improve the productivity, efficiency, retary of the Army shall direct the expenditure national security; and effectiveness of federal programs, including of amounts appropriated for the Washington (C) involves command and control of military through dissemination of public information Aqueduct and for other public works in the Dis- forces; and the reduction of information collection bur- trict of Columbia. (D) involves equipment that is an integral dens on the public. part of a weapon or weapons system; or (c) USE OF BUDGET PROCESS.— SUBTITLE III—INFORMATION (1) ANALYZING, TRACKING, AND EVALUATING TECHNOLOGY MANAGEMENT (E) subject to paragraph (2), is critical to the direct fulfillment of military or intelligence mis- CAPITAL INVESTMENTS.—As part of the budget CHAPTER Sec. sions. process, the Director shall develop a process for 111. GENERAL ...... 11101 analyzing, tracking, and evaluating the risks 113. RESPONSIBILITY FOR ACQUISI- (2) LIMITATION.—Paragraph (1)(E) does not TIONS OF INFORMATION TECH- include a system to be used for routine adminis- and results of all major capital investments NOLOGY ...... 11301 trative and business applications (including made by an executive agency for information 115. INFORMATION TECHNOLOGY AC- payroll, finance, logistics, and personnel man- systems. The process shall cover the life of each QUISITION PILOT PROGRAMS ...... 11501 agement applications). system and shall include explicit criteria for 117. ADDITIONAL INFORMATION RE- (b) IN GENERAL.—Except as provided in sub- analyzing the projected and actual costs, bene- SOURCES MANAGEMENT MAT- fits, and risks associated with the investments. TERS ...... 11701 section (c), chapter 113 of this title does not apply to national security systems. (2) REPORT TO CONGRESS.—At the same time CHAPTER 111—GENERAL (c) EXCEPTIONS.— that the President submits the budget for a fis- Sec. (1) IN GENERAL.—Sections 11313, 11315, and cal year to Congress under section 1105(a) of 11101. Definitions. 11316 of this title apply to national security sys- title 31, the Director shall submit to Congress a 11102. Sense of Congress. tems. report on the net program performance benefits 11103. Applicability to national security sys- (2) CAPITAL PLANNING AND INVESTMENT CON- achieved as a result of major capital investments tems. TROL.—The heads of executive agencies shall made by executive agencies for information sys- § 11101. Definitions apply sections 11302 and 11312 of this title to na- tems and how the benefits relate to the accom- In this subtitle, the following definitions tional security systems to the extent practicable. plishment of the goals of the executive agencies. apply: (3) APPLICABILITY OF PERFORMANCE-BASED (d) INFORMATION TECHNOLOGY STANDARDS.— (1) COMMERCIAL ITEM.—The term ‘‘commercial AND RESULTS-BASED MANAGEMENT TO NATIONAL The Director shall oversee the development and item’’ has the meaning given that term in sec- SECURITY SYSTEMS.— implementation of standards and guidelines per- tion 4 of the Office of Federal Procurement Pol- (A) IN GENERAL.—Subject to subparagraph taining to federal computer systems by the Sec- icy Act (41 U.S.C. 403). (B), the heads of executive agencies shall apply retary of Commerce through the National Insti- (2) EXECUTIVE AGENCY.—The term ‘‘executive section 11303 of this title to national security tute of Standards and Technology under section agency’’ has the meaning given that term in sec- systems to the extent practicable. 11331 of this title and section 20 of the National tion 4 of the Act (41 U.S.C. 403). (B) EXCEPTION.—National security systems Institute of Standards and Technology Act (15 (3) INFORMATION RESOURCES.—The term ‘‘in- are subject to section 11303(b)(5) of this title, ex- U.S.C. 278g–3). formation resources’’ has the meaning given cept for subparagraph (B)(iv). (e) DESIGNATION OF EXECUTIVE AGENTS FOR that term in section 3502 of title 44. ACQUISITIONS.— The Director shall designate CHAPTER 113—RESPONSIBILITY FOR AC- (4) INFORMATION RESOURCES MANAGEMENT.— the head of one or more executive agencies, as QUISITIONS OF INFORMATION TECH- The term ‘‘information resources management’’ the Director considers appropriate, as executive NOLOGY has the meaning given that term in section 3502 agent for Government-wide acquisitions of in- of title 44. SUBCHAPTER I—DIRECTOR OF OFFICE OF formation technology. (5) INFORMATION SYSTEM.—The term ‘‘infor- MANAGEMENT AND BUDGET (f) USE OF BEST PRACTICES IN ACQUISITIONS.— mation system’’ has the meaning given that term Sec. The Director shall encourage the heads of the in section 3502 of title 44. 11301. Responsibility of Director. executive agencies to develop and use the best (6) INFORMATION TECHNOLOGY.—The term ‘‘in- 11302. Capital planning and investment con- practices in the acquisition of information tech- formation technology’’— trol. nology.

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(g) ASSESSMENT OF OTHER MODELS FOR MAN- ment activities of the executive agencies to as- (1) establish goals for improving the efficiency AGING INFORMATION TECHNOLOGY.—On a con- certain the efficiency and effectiveness of infor- and effectiveness of agency operations and, as tinuing basis, the Director shall assess the expe- mation technology in improving the performance appropriate, the delivery of services to the pub- riences of executive agencies, state and local of the executive agency and the accomplishment lic through the effective use of information tech- governments, international organizations, and of the missions of the executive agency. nology; the private sector in managing information tech- (5) ENFORCEMENT OF ACCOUNTABILITY.— (2) prepare an annual report, to be included nology. (A) IN GENERAL.—The Director may take any in the executive agency’s budget submission to (h) COMPARISON OF AGENCY USES OF INFOR- action that the Director considers appropriate, Congress, on the progress in achieving the goals; MATION TECHNOLOGY.—The Director shall com- including an action involving the budgetary (3) ensure that performance measurements— pare the performances of the executive agencies process or appropriations management process, (A) are prescribed for information technology in using information technology and shall dis- to enforce accountability of the head of an exec- used by, or to be acquired for, the executive seminate the comparisons to the heads of the ex- utive agency for information resources manage- agency; and ecutive agencies. ment and for the investments made by the exec- (B) measure how well the information tech- (i) MONITORING TRAINING.—The Director shall utive agency in information technology. nology supports programs of the executive agen- monitor the development and implementation of (B) SPECIFIC ACTIONS.—Actions taken by the cy; training in information resources management Director may include— (4) where comparable processes and organiza- for executive agency personnel. (i) recommending a reduction or an increase tions in the public or private sectors exist, quan- (j) INFORMING CONGRESS.—The Director shall in the amount for information resources that the titatively benchmark agency process perform- keep Congress fully informed on the extent to head of the executive agency proposes for the ance against those processes in terms of cost, which the executive agencies are improving the budget submitted to Congress under section speed, productivity, and quality of outputs and performance of agency programs and the accom- 1105(a) of title 31; outcomes; plishment of the agency missions through the (ii) reducing or otherwise adjusting apportion- (5) analyze the missions of the executive agen- use of the best practices in information re- ments and reapportionments of appropriations cy and, based on the analysis, revise the execu- sources management. for information resources; tive agency’s mission-related processes and ad- (k) COORDINATION OF POLICY DEVELOPMENT (iii) using other administrative controls over ministrative processes as appropriate before AND REVIEW.—The Director shall coordinate appropriations to restrict the availability of making significant investments in information with the Office of Federal Procurement Policy amounts for information resources; and technology to be used in support of the perform- the development and review by the Adminis- (iv) designating for the executive agency an ance of those missions; and trator of the Office of Information and Regu- executive agent to contract with private sector (6) ensure that the information security poli- latory Affairs of policy associated with federal sources for the performance of information re- cies, procedures, and practices of the executive acquisition of information technology. sources management or the acquisition of infor- agency are adequate. § 11303. Performance-based and results-based mation technology. § 11314. Authority to acquire and manage in- management SUBCHAPTER II—EXECUTIVE AGENCIES formation technology (a) IN GENERAL.—The Director of the Office of § 11311. Responsibilities (a) IN GENERAL.—The authority of the head of Management and Budget shall encourage the In fulfilling the responsibilities assigned an executive agency to acquire information use of performance-based and results-based under chapter 35 of title 44, the head of each ex- technology includes— management in fulfilling the responsibilities as- ecutive agency shall comply with this sub- (1) acquiring information technology as au- signed under section 3504(h) of title 44. chapter with respect to the specific matters cov- thorized by law; (2) making a contract that provides for multi- (b) EVALUATION OF AGENCY PROGRAMS AND ered by this subchapter. INVESTMENTS.— agency acquisitions of information technology § 11312. Capital planning and investment in accordance with guidance issued by the Di- (1) REQUIREMENT.—The Director shall evalu- control ate the information resources management prac- rector of the Office of Management and Budget; tices of the executive agencies with respect to (a) DESIGN OF PROCESS.—In fulfilling the re- and the performance and results of the investments sponsibilities assigned under section 3506(h) of (3) if the Director finds that it would be ad- made by the executive agencies in information title 44, the head of each executive agency shall vantageous for the Federal Government to do so, technology. design and implement in the executive agency a making a multiagency contract for procurement process for maximizing the value, and assessing (2) DIRECTION FOR EXECUTIVE AGENCY AC- of commercial items of information technology and managing the risks, of the information TION.—The Director shall issue to the head of that requires each executive agency covered by each executive agency clear and concise direc- technology acquisitions of the executive agency. the contract, when procuring those items, to tion that the head of each agency shall— (b) CONTENT OF PROCESS.—The process of an procure the items under that contract or to jus- (A) establish effective and efficient capital executive agency shall— tify an alternative procurement of the items. (1) provide for the selection of information planning processes for selecting, managing, and (b) FTS 2000 PROGRAM.—The Administrator of technology investments to be made by the execu- evaluating the results of all of its major invest- General Services shall continue to manage the tive agency, the management of those investments in information systems; FTS 2000 program, and to coordinate the follow- (B) determine, before making an investment in ments, and the evaluation of the results of those on to that program, for and with the advice of a new information system— investments; the heads of executive agencies. (2) be integrated with the processes for making (i) whether the function to be supported by § 11315. Agency Chief Information Officer budget, financial, and program management de- the system should be performed by the private (a) DEFINITION.—In this section, the term ‘‘in- cisions in the executive agency; sector and, if so, whether any component of the formation technology architecture’’, with re- (3) include minimum criteria to be applied in executive agency performing that function spect to an executive agency, means an inte- considering whether to undertake a particular should be converted from a governmental orga- grated framework for evolving or maintaining investment in information systems, including nization to a private sector organization; or existing information technology and acquiring criteria related to the quantitatively expressed (ii) whether the function should be performed new information technology to achieve the projected net, risk-adjusted return on invest- by the executive agency and, if so, whether the agency’s strategic goals and information re- ment and specific quantitative and qualitative function should be performed by a private sector sources management goals. criteria for comparing and prioritizing alter- source under contract or by executive agency (b) GENERAL RESPONSIBILITIES.—The Chief In- native information systems investment projects; personnel; formation Officer of an executive agency is re- (4) identify information systems investments (C) analyze the missions of the executive sponsible for— that would result in shared benefits or costs for agency and, based on the analysis, revise the (1) providing advice and other assistance to other federal agencies or state or local govern- executive agency’s mission-related processes and the head of the executive agency and other sen- ments; administrative processes, as appropriate, before ior management personnel of the executive (5) identify quantifiable measurements for de- making significant investments in information agency to ensure that information technology is termining the net benefits and risks of a pro- technology to be used in support of those mis- acquired and information resources are man- posed investment; and sions; and aged for the executive agency in a manner that (6) provide the means for senior management (D) ensure that the information security poli- implements the policies and procedures of this personnel of the executive agency to obtain cies, procedures, and practices are adequate. subtitle, consistent with chapter 35 of title 44 timely information regarding the progress of an (3) GUIDANCE FOR MULTIAGENCY INVEST- and the priorities established by the head of the investment in an information system, including MENTS.—The direction issued under paragraph executive agency; a system of milestones for measuring progress, (2) shall include guidance for undertaking effi- (2) developing, maintaining, and facilitating on an independently verifiable basis, in terms of ciently and effectively interagency and Federal the implementation of a sound and integrated cost, capability of the system to meet specified Government-wide investments in information information technology architecture for the ex- requirements, timeliness, and quality. technology to improve the accomplishment of ecutive agency; and missions that are common to the executive agen- § 11313. Performance and results-based man- (3) promoting the effective and efficient design cies. agement and operation of all major information resources (4) PERIODIC REVIEWS.—The Director shall im- In fulfilling the responsibilities under section management processes for the executive agency, plement through the budget process periodic re- 3506(h) of title 44, the head of an executive including improvements to work processes of the views of selected information resources manage- agency shall— executive agency.

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(c) DUTIES AND QUALIFICATIONS.—The Chief submitted to the Director by the head of the ex- puter system’’, and ‘‘sensitive information’’ Information Officer of an agency listed in sec- ecutive agency for purposes of section 1105 of have the meanings given those terms in section tion 901(b) of title 31— title 31. 20(d) of the National Institute of Standards and (1) has information resources management du- SUBCHAPTER III—OTHER Technology Act (15 U.S.C. 278g–3(d)). ties as that official’s primary duty; RESPONSIBILITIES (b) TRAINING— (2) monitors the performance of information (1) IN GENERAL.—Each federal agency shall technology programs of the agency, evaluates § 11331. Responsibilities regarding efficiency, provide for mandatory periodic training in com- the performance of those programs on the basis security, and privacy of federal computer puter security awareness and accepted computer of the applicable performance measurements, systems security practice of all employees who are in- and advises the head of the agency regarding (a) DEFINITIONS.—In this section, the terms volved with the management, use, or operation whether to continue, modify, or terminate a pro- ‘‘federal computer system’’ and ‘‘operator of a of each federal computer system within or under gram or project; and federal computer system’’ have the meanings the supervision of the agency. The training (3) annually, as part of the strategic planning given those terms in section 20(d) of the Na- shall be— and performance evaluation process required tional Institute of Standards and Technology (A) provided in accordance with the guide- (subject to section 1117 of title 31) under section Act (15 U.S.C. 278g–3(d)). lines developed pursuant to section 20(a)(5) of 306 of title 5 and sections 1105(a)(28), 1115–1117, (b) STANDARDS AND GUIDELINES.— the Act (15 U.S.C. 278g-3(a)(5)) and the regula- and 9703 (as added by section 5(a) of the Gov- (1) AUTHORITY TO PRESCRIBE AND DISAPPROVE tions prescribed under paragraph (3) for federal ernment Performance and Results Act of 1993 OR MODIFY.— civilian employees; or (Public Law 103–62, 107 Stat. 289)) of title 31— (A) AUTHORITY TO PRESCRIBE.—On the basis (B) provided by an alternative training pro- (A) assesses the requirements established for of standards and guidelines developed by the gram that the head of the agency approves after agency personnel regarding knowledge and skill National Institute of Standards and Technology determining that the alternative training pro- in information resources management and the pursuant to paragraphs (2) and (3) of section gram is at least as effective in accomplishing the adequacy of those requirements for facilitating 20(a) of the Act (15 U.S.C. 278g–3(a)(2), (3)), the objectives of the guidelines and regulations. the achievement of the performance goals estab- Secretary of Commerce shall prescribe standards (2) TRAINING OBJECTIVES.—Training under lished for information resources management; and guidelines pertaining to federal computer this subsection shall be designed— (B) assesses the extent to which the positions systems. The Secretary shall make those stand- (A) to enhance employees’ awareness of the and personnel at the executive level of the agen- ards compulsory and binding to the extent the threats to, and vulnerability of, computer sys- cy and the positions and personnel at manage- Secretary determines necessary to improve the tems; and ment level of the agency below the executive efficiency of operation or security and privacy (B) to encourage the use of improved computer level meet those requirements; of federal computer systems. security practices. (C) develops strategies and specific plans for (B) AUTHORITY TO DISAPPROVE OR MODIFY.— (3) REGULATIONS.—The Director of the Office hiring, training, and professional development The President may disapprove or modify those of Personnel Management shall maintain regu- to rectify any deficiency in meeting those re- standards and guidelines if the President deter- lations that establish the procedures and scope quirements; and mines that action to be in the public interest. of the training to be provided federal civilian (D) reports to the head of the agency on the The President’s authority to disapprove or mod- employees under this subsection and the manner progress made in improving information re- ify those standards and guidelines may not be in which the training is to be carried out. (c) PLAN.— sources management capability. delegated. Notice of disapproval or modification (1) IN GENERAL.—Consistent with standards, § 11316. Accountability shall be published promptly in the Federal Reg- ister. On receiving notice of disapproval or guidelines, policies, and regulations prescribed The head of each executive agency, in con- modification, the Secretary shall immediately re- pursuant to section 11331 of this title, each fed- sultation with the Chief Information Officer scind or modify those standards or guidelines as eral agency shall maintain a plan for the secu- and the Chief Financial Officer of that execu- directed by the President. rity and privacy of each federal computer sys- tive agency (or, in the case of an executive (2) EXERCISE OF AUTHORITY.—To ensure fiscal tem the agency identifies as being within or agency without a chief financial officer, any and policy consistency, the Secretary shall exer- under its supervision and as containing sen- comparable official), shall establish policies and cise the authority conferred by this section sub- sitive information. The plan must be commensu- procedures to ensure that— ject to direction by the President and in coordi- rate with the risk and magnitude of the harm (1) the accounting, financial, asset manage- nation with the Director of the Office of Man- resulting from the loss, misuse, or unauthorized ment, and other information systems of the exec- agement and Budget. access to, or modification of, the information utive agency are designed, developed, main- (c) APPLICATION OF MORE STRINGENT STAND- contained in the system. tained, and used effectively to provide financial (2) REVISION AND REVIEW.—The plan shall be ARDS.—The head of a federal agency may em- or program performance data for financial state- ploy standards for the cost-effective security revised annually as necessary and is subject to ments of the executive agency; and privacy of sensitive information in a federal disapproval by the Director of the Office of (2) financial and related program performance computer system in or under the supervision of Management and Budget. (d) HANDLING OF INFORMATION NOT AF- data are provided on a reliable, consistent, and that agency that are more stringent than the timely basis to executive agency financial man- FECTED.—This section does not— standards the Secretary prescribes under this (1) constitute authority to withhold informa- agement systems; and section if the more stringent standards contain (3) financial statements support— tion sought pursuant to section 552 of title 5; or at least the applicable standards the Secretary (2) authorize a federal agency to limit, re- (A) assessments and revisions of mission-re- makes compulsory and binding. lated processes and administrative processes of strict, regulate, or control the collection, mainte- (d) WAIVER OF STANDARDS.— the executive agency; and nance, disclosure, use, transfer, or sale of any (1) AUTHORITY OF THE SECRETARY.—The Sec- (B) measurement of the performance of invest- information (regardless of the medium in which retary may waive in writing compulsory and ments made by the agency in information sys- the information may be maintained) that is— binding standards under subsection (b) if the tems. (A) privately owned information; Secretary determines that compliance would— (B) disclosable under section 552 of title 5 or § 11317. Significant deviations (A) adversely affect the accomplishment of the another law requiring or authorizing the public The head of each executive agency shall iden- mission of an operator of a federal computer disclosure of information; or tify in the strategic information resources man- system; or (C) public domain information. (B) cause a major adverse financial impact on agement plan required under section 3506(b)(2) CHAPTER 115—INFORMATION TECH- the operator that is not offset by Federal Gov- of title 44 any major information technology ac- NOLOGY ACQUISITION PILOT PRO- ernment-wide savings. quisition program, or any phase or increment of GRAMS that program, that has significantly deviated (2) DELEGATION OF WAIVER AUTHORITY.—The from the cost, performance, or schedule goals es- Secretary may delegate to the head of one or SUBCHAPTER I—CONDUCT OF PILOT tablished for the program. more federal agencies authority to waive those PROGRAMS Sec. § 11318. Interagency support standards to the extent the Secretary determines that action to be necessary and desirable to 11501. Authority to conduct pilot programs. The head of an executive agency may use allow for timely and effective implementation of 11502. Evaluation criteria and plans. amounts available to the agency for oversight, federal computer system standards. The head of 11503. Report. acquisition, and procurement of information the agency may redelegate that authority only 11504. Recommended legislation. technology to support jointly with other execu- 11505. Rule of construction. to a chief information officer designated pursu- tive agencies the activities of interagency groups ant to section 3506 of title 44. SUBCHAPTER II—SPECIFIC PILOT that are established to advise the Director of the (3) NOTICE.—Notice of each waiver and dele- PROGRAMS Office of Management and Budget in carrying gation shall be transmitted promptly to Congress 11521. Share-in-savings pilot program. out the Director’s responsibilities under this and published promptly in the Federal Register. 11522. Solutions-based contracting pilot pro- chapter. The use of those amounts for that pur- gram. pose is subject to requirements and limitations § 11332. Federal computer system security on uses and amounts that the Director may pre- training and plan SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS scribe. The Director shall prescribe the require- (a) DEFINITIONS.—In this section, the terms ments and limitations during the Director’s re- ‘‘computer system’’, ‘‘federal agency’’, ‘‘federal § 11501. Authority to conduct pilot programs view of the executive agency’s proposed budget computer system’’, ‘‘operator of a federal com- (a) IN GENERAL.—

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(1) PURPOSE.—In consultation with the Ad- ter indicate that legislation is necessary or de- (4) USE OF SOURCE SELECTION FACTORS EMPHA- ministrator for the Office of Information and sirable to improve the process for acquisition of SIZING SOURCE QUALIFICATIONS AND COSTS.—Use Regulatory Affairs, the Administrator for Fed- information technology, the Director shall of source selection factors that emphasize— eral Procurement Policy may conduct pilot pro- transmit the Director’s recommendations for (A) the qualifications of the offeror, including grams to test alternative approaches for the ac- that legislation to Congress. personnel skills, previous experience in pro- quisition of information technology by executive § 11505. Rule of construction viding other private or public sector organizations with solutions for attaining objectives agencies. This chapter does not authorize the appro- (2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT similar to the objectives of the acquisition, past priation or obligation of amounts for the pilot OF EACH PROGRAM.—Except as otherwise pro- contract performance, qualifications of the pro- programs authorized under this chapter. vided in this chapter, each pilot program con- posed program manager, and the proposed man- ducted under this chapter shall be carried out in SUBCHAPTER II—SPECIFIC PILOT agement plan; and not more than two procuring activities in each PROGRAMS (B) the costs likely to be associated with the of the executive agencies that are designated by § 11521. Share-in-savings pilot program conceptual approach proposed by the offeror. the Administrator for Federal Procurement Pol- (a) REQUIREMENT.—The Administrator for (5) OPEN COMMUNICATIONS WITH CONTRACTOR icy in accordance with this chapter to carry out Federal Procurement Policy may authorize the COMMUNITY.—Open availability of the following the pilot program. With the approval of the Ad- heads of two executive agencies to carry out a information to potential offerors: ministrator for Federal Procurement Policy, the pilot program to test the feasibility of— (A) The agency mission to be served by the ac- head of each designated executive agency shall (1) contracting on a competitive basis with a quisition. select the procuring activities of the executive private sector source to provide the Federal Gov- (B) The functional process to be performed by agency that are to participate in the test and ernment with an information technology solu- use of information technology. shall designate a procurement testing official tion for improving mission-related or adminis- (C) The process improvements to be attained. who shall be responsible for the conduct and trative processes of the Federal Government; (6) SIMPLE SOLICITATION.—Use of a simple so- evaluation of the pilot program within the exec- and licitation that sets forth only the functional utive agency. (2) paying the private sector source an work description, the source selection factors to (b) LIMITATIONS.— amount equal to a portion of the savings derived be used in accordance with paragraph (4), the (1) NUMBER.—Not more than two pilot pro- by the Federal Government from any improve- required terms and conditions, instructions re- grams may be conducted under this chapter, in- ments in mission-related processes and adminis- garding submission of offers, and the estimate of cluding one pilot program each pursuant to the trative processes that result from implementa- the Government’s budget for the desired work. requirements of sections 11521 and 11522 of this tion of the solution. (7) SIMPLE PROPOSALS.—Submission of oral title. (b) LIMITATIONS.—The head of an executive presentations and written proposals that are (2) AMOUNT.—The total amount obligated for agency authorized to carry out the pilot pro- limited in size and scope and contain informa- contracts entered into under the pilot programs gram may carry out one project and enter into tion on— conducted under this chapter may not exceed not more than five contracts for the project (A) the offeror’s qualifications to perform the $750,000,000. The Administrator for Federal Pro- under the pilot program. desired work; curement Policy shall monitor those contracts (c) SELECTION OF PROJECTS.—In consultation (B) past contract performance; and ensure that contracts are not entered into with the Administrator for the Office of Infor- (C) the proposed conceptual approach; and in violation of this paragraph. mation and Regulatory Affairs, the Adminis- (D) the costs likely to be associated with the proposed conceptual approach. (c) PERIOD OF PROGRAMS.— trator for Federal Procurement Policy shall se- (8) SIMPLE EVALUATION.—Use of a simplified (1) IN GENERAL.—Subject to paragraph (2), a lect the projects. pilot program may be carried out under this evaluation process, to be completed within 45 § 11522. Solutions-based contracting pilot days after receipt of proposals, that consists of chapter for the period, not in excess of five program years, the Administrator for Federal Procure- the following: (a) DEFINITION.—For purposes of this section, ment Policy determines is sufficient to establish (A) Identification of the most qualified ‘‘solutions-based contracting’’ is an acquisition reliable results. offerors that are within the competitive range. method under which the acquisition objectives (B) Issuance of invitations for at least three (2) CONTINUING VALIDITY OF CONTRACTS.—A are defined by the Federal Government user of contract entered into under the pilot program and not more than five of the identified offerors the technology to be acquired, a streamlined before the expiration of that program remains in to make oral presentations to, and engage in contractor selection process is used, and indus- effect according to the terms of the contract discussions with, the evaluating personnel re- try sources are allowed to provide solutions that after the expiration of the program. garding, for each offeror— attain the objectives effectively. (i) the qualifications of the offeror, including § 11502. Evaluation criteria and plans (b) IN GENERAL.—The Administrator for Fed- how the qualifications of the offeror relate to (a) MEASURABLE TEST CRITERIA.—To the max- eral Procurement Policy may authorize the head the approach proposed to be taken by the offer- imum extent practicable, the head of each exec- of an executive agency, in accordance with sub- or in the acquisition; and utive agency conducting a pilot program under section (d), to carry out a pilot program to test (ii) the costs likely to be associated with the section 11501 of this title shall establish measur- the feasibility of using solutions-based con- approach. able criteria for evaluating the effects of the tracting for the acquisition of information tech- (C) Evaluation of the qualifications of the procedures or techniques to be tested under the nology. identified offerors and the costs likely to be as- program. (c) PROCESS REQUIREMENTS.—The Adminis- sociated with the offerors’ proposals on the basis (b) TEST PLAN.—Before a pilot program may trator shall require use of a process with the fol- of submissions required under the process and be conducted under section 11501 of this title, lowing aspects for acquisitions under the pilot any oral presentations made by, and any dis- the Administrator for Federal Procurement Pol- program: cussions with, the offerors. icy shall submit to Congress a detailed test plan (1) ACQUISITION PLAN EMPHASIZING DESIRED (9) SELECTION OF MOST QUALIFIED OFFEROR.— for the program, including a detailed description RESULT.—Preparation of an acquisition plan A selection process consisting of the following: of the procedures to be used and a list of regula- that defines the functional requirements of the (A) Identification of the most qualified tions that are to be waived. intended users of the information technology to sources, primarily on the basis of the oral pro- § 11503. Report be acquired, identifies the operational improve- posals, presentations, and discussions, and writ- ments to be achieved, and defines the perform- ten proposals, submitted in accordance with (a) REQUIREMENT.—Not later than 180 days ance measurements to be applied in determining paragraph (7). after the completion of a pilot program under whether the information technology acquired (B) A program definition phase of 30–60 days this chapter, the Administrator for Federal Pro- satisfies the defined requirements and attains (or a longer period the Administrator ap- curement Policy shall— the identified results. proves)— (1) submit to the Director of the Office of (2) RESULTS-ORIENTED STATEMENT OF WORK.— (i) during which the sources identified under Management and Budget a report on the results Use of a statement of work that is limited to an subparagraph (A), in consultation with one or and findings under the program; and expression of the end results or performance ca- more intended users, develop a conceptual sys- (2) provide a copy of the report to Congress. pabilities desired under the acquisition plan. tem design and technical approach, define log- (b) CONTENT.—The report shall include— (3) SMALL ACQUISITION ORGANIZATION.—As- ical phases for the project, and estimate the (1) a detailed description of the results of the sembly of a small acquisition organization con- total cost and the cost for each phase; and program, as measured by the criteria established sisting of the following: (ii) after which a contract for performance of for the program; and (A) An acquisition management team, the the work may be awarded to the source whose (2) a discussion of legislation that the Admin- members of which are to be evaluated and re- offer is determined to be most advantageous to istrator recommends, or changes in regulations warded under the pilot program for contribu- the Government on the basis of cost, the respon- that the Administrator considers necessary, to tions toward attainment of the desired results siveness, reasonableness, and quality of the pro- improve overall information resources manage- identified in the acquisition plan. posed performance, and a sharing of risk and ment in the Federal Government. (B) A small source selection team composed of benefits between the source and the Govern- § 11504. Recommended legislation representatives of the specific mission or admin- ment. If the Director of the Office of Management istrative area to be supported by the information (C) As many successive program definition and Budget determines that the results and technology to be acquired, a contracting officer, phases as necessary to award a contract in ac- findings under a pilot program under this chap- and individuals with relevant expertise. cordance with subparagraph (B).

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(10) SYSTEM IMPLEMENTATION PHASING.—Sys- procurement of information technology products § 11702. Identification of excess and surplus tem implementation to be executed in phases and services available for ordering through the computer equipment that are tailored to the solution, with appro- multiple award schedules. In accordance with chapter 5 of this title, the priate contract arrangements being used for var- (2) APPLICABILITY TO MULTIPLE AWARD SCHED- head of an executive agency shall maintain an ious phases and activities. ULE CONTRACTS.—Except as provided in para- inventory of all computer equipment under the (11) MUTUAL AUTHORITY TO TERMINATE.—Au- graph (4), the pilot program shall be applicable control of that official that is excess or surplus thority for the Government or the contractor to to all multiple award schedule contracts for the property. terminate the contract without penalty at the purchase of information technology and shall § 11703. Index of certain information in infor- end of any phase defined for the project. test the following procedures: mation systems included in directory estab- (12) TIME MANAGEMENT DISCIPLINE.—Applica- (A) A procedure under which negotiation of lished under section 4101 of title 44 tion of a standard for awarding a contract with- the terms and conditions for a covered multiple If in designing an information technology sys- in 105 to 120 days after issuance of the solicita- award schedule contract is limited to terms and tem pursuant to this subtitle, the head of an ex- tion, except that the Administrator may approve conditions other than price. ecutive agency determines that a purpose of the the application of a longer standard period. (B) A procedure under which the vendor es- (d) PILOT PROGRAM PROJECTS.—The Adminis- system is to disseminate information to the pub- tablishes the prices under a covered multiple lic, then the head of that executive agency shall trator shall authorize to be carried out under award schedule contract and may adjust those the pilot program— reasonably ensure that an index of information prices at any time in the discretion of the ven- disseminated by the system is included in the di- (1) not more than 10 projects, each of which dor. has an estimated cost of at least $25,000,000 and rectory created pursuant to section 4101 of title (C) A procedure under which a covered mul- 44. This section does not authorize the dissemi- not more than $100,000,000; and tiple award schedule contract is awarded to any (2) not more than 10 projects for small busi- nation of information to the public unless other- responsible offeror that— ness concerns, each of which has an estimated wise authorized. (i) has a suitable record of past performance, cost of at least $1,000,000 and not more than § 11704. Procurement procedures which may include past performance on mul- $5,000,000. tiple award schedule contracts; To the maximum extent practicable, the Fed- (e) MONITORING BY COMPTROLLER GENERAL.— eral Acquisition Regulatory Council shall en- The Comptroller General shall— (ii) agrees to terms and conditions that the Administrator for Federal Procurement Policy sure that the process for acquisition of informa- (1) monitor the conduct, and review the re- tion technology is a simplified, clear, and un- sults, of acquisitions under the pilot program; determines are required by law or are appropriate for the purchase of commercial items; and derstandable process that specifically addresses and the management of risk, incremental acquisi- (2) submit to Congress periodic reports con- (iii) agrees to establish and update prices, features, and performance and to accept orders tions, and the need to incorporate commercial taining the views of the Comptroller General on information technology in a timely manner. the activities, results, and findings under the electronically through the automated system es- SUBTITLE IV—APPALACHIAN REGIONAL pilot program. tablished pursuant to subsection (a). (3) COMPTROLLER GENERAL REVIEW AND RE- DEVELOPMENT CHAPTER 117—ADDITIONAL INFORMA- PORT.— CHAPTER Sec. TION RESOURCES MANAGEMENT MAT- (A) AUTHORITY TO CONDUCT REVIEW AND MAKE 141. GENERAL PROVISIONS ...... 14101 TERS 143. APPALACHIAN REGIONAL COMMIS- REPORT.—Not later than three years after the SION ...... 14301 Sec. date on which the pilot program is established, 11701. On-line multiple award schedule con- 145. SPECIAL APPALACHIAN PROGRAMS 14501 the Comptroller General shall review the pilot 147. MISCELLANEOUS ...... 14701 tracting. program and report to Congress on the results of 11702. Identification of excess and surplus com- CHAPTER 141—GENERAL PROVISIONS the pilot program. puter equipment. Sec. 11703. Index of certain information in informa- (B) CONTENT OF REPORT.—The report shall in- 14101. Findings and purposes. tion systems included in directory clude the following: 14102. Definitions. (i) An evaluation of the extent to which there established under section 4101 of § 14101. Findings and purposes title 44. is competition for the orders placed under the pilot program. (a) 1965 FINDINGS AND PURPOSE.— 11704. Procurement procedures. (1) FINDINGS.—Congress finds and declares (ii) The effect that the streamlined procedures § 11701. On-line multiple award schedule con- that the Appalachian region of the United under the pilot program have on prices charged tracting States, while abundant in natural resources and under multiple award schedule contracts. rich in potential, lags behind the rest of the Na- (a) AUTOMATION OF MULTIPLE AWARD SCHED- (iii) The effect that those procedures have on tion in its economic growth and that its people ULE CONTRACTING.—To provide for the economic paperwork requirements for multiple award have not shared properly in the Nation’s pros- and efficient procurement of information tech- schedule contracts and orders. perity. The region’s uneven past development, nology and other commercial items, the Admin- (iv) The impact of the pilot program on small istrator of General Services shall provide Fed- with its historical reliance on a few basic indus- businesses and socially and economically dis- tries and a marginal agriculture, has failed to eral Government-wide on-line computer access advantaged small businesses. to information on products and services that are provide the economic base that is a vital pre- (4) WITHDRAWAL OF SCHEDULE OR PORTION OF available for ordering through the multiple requisite for vigorous, self-sustaining growth. SCHEDULE FROM PILOT PROGRAM.— award schedules. State and local governments and the people of (A) WHEN ALLOWED.—The Administrator for (b) REQUIREMENTS.—The system for providing the region understand their problems and have on-line computer access shall— Federal Procurement Policy may withdraw a been working, and will continue to work, pur- (1) have the capability to— multiple award schedule or portion of a sched- posefully toward their solution. Congress recog- (A) provide basic information on prices, fea- ule from the pilot program if the Administrator nizes the comprehensive report of the Presi- tures, and performance of all products and serv- determines that— dent’s Appalachian Regional Commission docu- ices available for ordering through the multiple (i) price competition is not available under menting these findings and concludes that re- award schedules; that schedule or portion of that schedule; or gionwide development is feasible, desirable, and (B) provide for updating that information to (ii) the cost to the Government for that sched- urgently needed. reflect changes in prices, features, and perform- ule or portion for the previous year was higher (2) PURPOSE.—It is the purpose of this subtitle ance as soon as information on the changes be- than it would have been if the contract for that to assist the region in meeting its special prob- comes available; and schedule or portion had been awarded using lems, to promote its economic development, and (C) enable users to make on-line computer procedures that would apply if the pilot pro- to establish a framework for joint federal and comparisons of the prices, features, and per- gram were not in effect. state efforts toward providing the basic facilities formance of similar products and services of- (B) NOTICE.—The Administrator for Federal essential to its growth and attacking its common fered by various vendors; and Procurement Policy shall notify Congress at problems and meeting its common needs on a co- (2) be used to place orders under the multiple least 30 days before the date on which the Ad- ordinated and concerted regional basis. The award schedules in a fiscal year for an amount ministrator withdraws a schedule or portion public investments made in the region under this equal to at least 60 percent of the total amount under this paragraph. subtitle shall be concentrated in areas where spent for all orders under the multiple award (C) AUTHORITY NOT DELEGABLE.—The author- there is a significant potential for future growth schedules in that fiscal year. ity under this paragraph may not be delegated. and where the expected return on public dollars (c) STREAMLINED PROCEDURES.— (5) TERMINATION OF PILOT PROGRAM.—Unless invested will be the greatest. States will be re- (1) PILOT PROGRAM.—On certification by the reauthorized by law, the authority of the Ad- sponsible for recommending local and state Administrator of General Services that the sys- ministrator for Federal Procurement Policy to projects within their borders that will receive as- tem for providing on-line computer access meets award contracts under the pilot program shall sistance under this subtitle. As the region ob- the requirements of subsection (b)(1) and was expire four years after the date on which the tains the needed physical and transportation fa- used as required by subsection (b)(2) in the fis- pilot program is established. A contract entered cilities and develops its human resources, Con- cal year preceding the fiscal year in which the into before the authority expires remains in ef- gress expects that the region will generate a di- certification is made, the Administrator for Fed- fect according to the terms of the contract after versified industry and that the region will then eral Procurement Policy may establish a pilot the expiration of the authority to award new be able to support itself through the workings of program to test streamlined procedures for the contracts under the pilot program. a strengthened free enterprise economy.

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(b) 1975 FINDINGS AND PURPOSE.— (C) to address the needs of severely and per- Carter, Claiborne, Clay, Cocke, Coffee, Cum- (1) FINDINGS.—Congress further finds and de- sistently distressed areas of the Appalachian re- berland, De Kalb, Fentress, Franklin, Grainger, clares that while substantial progress has been gion and focus special attention on the areas of Greene, Grundy, Hamblen, Hamilton, Hancock, made toward achieving the purposes set out in greatest need so as to provide a fairer oppor- Hawkins, Jackson, Jefferson, Johnson, Knox, subsection (a), especially with respect to the tunity for the people of the region to share the Loudon, McMinn, Macon, Marion, Meigs, Mon- provision of essential public facilities, much re- quality of life generally enjoyed by citizens roe, Morgan, Overton, Pickett, Polk, Putnam, mains to be accomplished, especially with re- across the United States. Rhea, Roane, Scott, Sequatchie, Sevier, Smith, spect to the provision of essential health, edu- § 14102. Definitions Sullivan, Unicoi, Union, Van Buren, Warren, cation, and other public services. Congress rec- (a) DEFINITIONS.—In this subtitle— Washington, and White. ognizes that changes and evolving national pur- (1) APPALACHIAN REGION.—The term ‘‘Appa- (L) In Virginia, the counties of Alleghany, poses in the decade since 1965 affect not only lachian region’’ means that area of the eastern Bath, Bland, Botetourt, Buchanan, Carroll, the Appalachian region but also its relationship United States consisting of the following coun- Craig, Dickenson, Floyd, Giles, Grayson, High- to a nation that on December 31, 1975, is assign- ties (including any political subdivision located land, Lee, Montgomery, Pulaski, Rockbridge, ing higher priority to conservation and the within the area): Russell, Scott, Smyth, Tazewell, Washington, quality of life, values long cherished within the (A) In Alabama, the counties of Bibb, Blount, Wise, and Wythe. region. Appalachia as of December 31, 1975, has Calhoun, Chambers, Cherokee, Chilton, Clay, (M) All the counties of West Virginia. the opportunity, in accommodating future Cleburne, Colbert, Coosa, Cullman, De Kalb, (2) LOCAL DEVELOPMENT DISTRICT.—The term growth and development, to demonstrate local Elmore, Etowah, Fayette, Franklin, Hale, Jack- ‘‘local development district’’ means any of the leadership and coordinated planning so that son, Jefferson, Lamar, Lauderdale, Lawrence, following entities for which the Governor of the housing, public services, transportation and Limestone, Macon, Madison, Marion, Marshall, State in which the entity is located, or the ap- other community facilities will be provided in a Morgan, Pickens, Randolph, St. Clair, Shelby, propriate state officer, certifies to the Appa- way congenial to the traditions and beauty of Talladega, Tallapoosa, Tuscaloosa, Walker, and lachian Regional Commission that the entity the region and compatible with conservation Winston. has a charter or authority that includes the eco- values and an enhanced quality of life for the (B) In Georgia, the counties of Banks, Bar- nomic development of counties or parts of coun- people of the region, and consistent with that row, Bartow, Carroll, Catoosa, Chattooga, ties or other political subdivisions within the re- goal, the Appalachian region should be able to Cherokee, Dade, Dawson, Douglas, Elbert, gion: take advantage of eco-industrial development, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gor- (A) a nonprofit incorporated body organized which promotes both employment and economic don, Gwinnett, Habersham, Hall, Haralson, or chartered under the law of the State in which growth and the preservation of natural re- Hart, Heard, Jackson, Lumpkin, Madison, Mur- it is located. sources. Congress recognizes also that funda- ray, Paulding, Pickens, Polk, Rabun, Stephens, (B) a nonprofit agency or instrumentality of a mental changes are occurring in national en- Towns, Union, Walker, White, and Whitfield. state or local government. ergy requirements and production, which not (C) In Kentucky, the counties of Adair, Bath, (C) a nonprofit agency or instrumentality cre- only risk short-term dislocations but will un- Bell, Boyd, Breathitt, Carter, Casey, Clark, ated through an interstate compact. doubtedly result in major long-term effects in Clay, Clinton, Cumberland, Edmonson, Elliott, (D) a nonprofit association or combination of the region. It is essential that the opportunities Estill, Fleming, Floyd, Garrard, Green, bodies, agencies, and instrumentalities described for expanded energy production be used so as to Greenup, Harlan, Hart, Jackson, Johnson, in this paragraph. maximize the social and economic benefits and Knott, Knox, Laurel, Lawrence, Lee, Leslie, (b) CHANGE IN DEFINITION.—The Commission minimize the social and environmental costs to Letcher, Lewis, Lincoln, McCreary, Madison, may not propose or consider a recommendation the region and its people. Magoffin, Martin, Menifee, Monroe, Mont- for any change in the definition of the Appa- (2) PURPOSE.—It is also the purpose of this gomery, Morgan, Owsley, Perry, Pike, Powell, lachian region as set forth in this section with- subtitle to provide a framework for coordinating Pulaski, Rockcastle, Rowan, Russell, Wayne, out a prior resolution by the Committee on Envi- federal, state and local efforts toward— Whitley, and Wolfe. ronment and Public Works of the Senate or the (A) anticipating the effects of alternative en- (D) In Maryland, the counties of Allegany, Committee on Transportation and Infrastruc- ergy policies and practices; Garrett, and Washington. ture of the House of Representatives that directs (B) planning for accompanying growth and (E) In Mississippi, the counties of Alcorn, a study of the change. change so as to maximize the social and eco- Benton, Calhoun, Chickasaw, Choctaw, Clay, CHAPTER 143—APPALACHIAN REGIONAL nomic benefits and minimize the social and envi- Itawamba, Kemper, Lee, Lowndes, Marshall, COMMISSION ronmental costs; and Monroe, Montgomery, Noxubee, Oktibbeha, SUBCHAPTER I—ORGANIZATION AND (C) implementing programs and projects car- Panola, Pontotoc, Prentiss, Tippah, ADMINISTRATION ried out in the region by federal, state, and local Tishomingo, Union, Webster, Winston, and governmental agencies so as to better meet the Yalobusha. Sec. special problems generated in the region by the (F) In New York, the counties of Allegany, 14301. Establishment, membership, and employ- Nation’s energy needs and policies, including Broome, Cattaraugus, Chautauqua, Chemung, ees. problems of transportation, housing, community Chenango, Cortland, Delaware, Otsego, 14302. Decisions. facilities, and human services. Schoharie, Schuyler, Steuben, Tioga, and Tomp- 14303. Functions. (c) 1998 FINDINGS AND PURPOSE.— kins. 14304. Recommendations. (1) FINDINGS.—Congress further finds and de- (G) In North Carolina, the counties of Alex- 14305. Liaison between Federal Government clares that while substantial progress has been ander, Alleghany, Ashe, Avery, Buncombe, and Commission. made in fulfilling many of the objectives of this Burke, Caldwell, Cherokee, Clay, Davie, 14306. Administrative powers and expenses. subtitle, rapidly changing national and global Forsyth, Graham, Haywood, Henderson, Jack- 14307. Meetings. economies over the decade ending November 13, son, McDowell, Macon, Madison, Mitchell, 14308. Information. 1998, have created new problems and challenges Polk, Rutherford, Stokes, Surry, Swain, Tran- 14309. Personal financial interests. for rural areas throughout the United States sylvania, Watauga, Wilkes, Yadkin, and 14310. Annual report. and especially for the Appalachian region. Yancey. SUBCHAPTER II—FINANCIAL ASSISTANCE (2) PURPOSE.—In addition to the purposes (H) In Ohio, the counties of Adams, Athens, 14321. Grants and other assistance. stated in subsections (a) and (b), it is the pur- Belmont, Brown, Carroll, Clermont, 14322. Approval of development plans, strategy pose of this subtitle— Columbiana, Coshocton, Gallia, Guernsey, Har- statements, and projects. (A) to assist the Appalachian region in— rison, Highland, Hocking, Holmes, Jackson, Jef- (i) providing the infrastructure necessary for SUBCHAPTER I—ORGANIZATION AND ferson, Lawrence, Meigs, Monroe, Morgan, economic and human resource development; ADMINISTRATION (ii) developing the region’s industry; Muskingum, Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and Washington. § 14301. Establishment, membership, and em- (iii) building entrepreneurial communities; ployees (iv) generating a diversified regional economy; (I) In Pennsylvania, the counties of Alle- and gheny, Armstrong, Beaver, Bedford, Blair, (a) ESTABLISHMENT.—There is an Appa- (v) making the region’s industrial and com- Bradford, Butler, Cambria, Cameron, Carbon, lachian Regional Commission. mercial resources more competitive in national Centre, Clarion, Clearfield, Clinton, Columbia, (b) MEMBERSHIP.— and world markets; Crawford, Elk, Erie, Fayette, Forest, Fulton, (1) FEDERAL AND STATE MEMBERS.—The Com- (B) to provide a framework for coordinating Greene, Huntingdon, Indiana, Jefferson, Juni- mission is composed of the Federal Cochairman, federal, state, and local initiatives to respond to ata, Lackawanna, Lawrence, Luzerne, appointed by the President by and with the ad- the economic competitiveness challenges in the Lycoming, McKean, Mercer, Mifflin, Monroe, vice and consent of the Senate, and the Gov- Appalachian region through— Montour, Northumberland, Perry, Pike, Potter, ernor of each participating State in the Appa- (i) improving the skills of the region’s work- Schuylkill, Snyder, Somerset, Sullivan, Susque- lachian region. force; hanna, Tioga, Union, Venango, Warren, Wash- (2) ALTERNATE MEMBERS.—Each state member (ii) adapting and applying new technologies ington, Wayne, Westmoreland, and Wyoming. may have a single alternate, appointed by the for the region’s businesses, including eco-indus- (J) In South Carolina, the counties of Ander- Governor from among the members of the Gov- trial development technologies; and son, Cherokee, Greenville, Oconee, Pickens, and ernor’s cabinet or the Governor’s personal staff. (iii) improving the access of the region’s busi- Spartanburg. The President, by and with the advice and con- nesses to the technical and financial resources (K) In Tennessee, the counties of Anderson, sent of the Senate, shall appoint an alternate necessary to development of the businesses; and Bledsoe, Blount, Bradley, Campbell, Cannon, for the Federal Cochairman. An alternate shall

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.042 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3369 vote in the event of the absence, death, dis- analysis of the resources of the region, and, in (3) request the head of any federal department ability, removal, or resignation of the member cooperation with federal, state, and local agen- or agency to detail to temporary duty with the for whom the individual is an alternate. A state cies, sponsor demonstration projects designed to Commission personnel within the administrative alternate shall not be counted toward the estab- foster regional productivity and growth; jurisdiction of the head of the department or lishment of a quorum of the Commission when a (3) review and study, in cooperation with the agency that the Commission may need for car- quorum of the state members is required. agency involved, federal, state, and local public rying out its functions, each detail to be without (3) COCHAIRMEN.—The Federal Cochairman is and private programs and, where appropriate, loss of seniority, pay, or other employee status; one of the two Cochairmen of the Commission. recommend modifications or additions which (4) arrange for the services of personnel from The state members shall elect a Cochairman of will increase their effectiveness in the region; any state or local government, subdivision or the Commission from among themselves for a (4) formulate and recommend, where appro- agency of a state or local government, or inter- term of not less than one year. priate, interstate compacts and other forms of governmental agency; (c) COMPENSATION.—The Federal Cochairman interstate cooperation and work with state and (5)(A) make arrangements, including con- shall be compensated by the Federal Govern- local agencies in developing appropriate model tracts, with any participating state government ment at level III of the Executive Schedule as set legislation; for inclusion in a suitable retirement and em- out in section 5314 of title 5. The Federal Co- (5) encourage the formation of, and support, ployee benefit system of Commission personnel chairman’s alternate shall be compensated by local development districts; who may not be eligible for, or continue in, an- the Government at level V of the Executive (6) encourage private investment in industrial, other governmental retirement or employee ben- Schedule as set out in section 5316 of title 5. commercial, and recreational projects; efit system; or Each state member and alternate shall be com- (7) serve as a focal point and coordinating (B) otherwise provide for coverage of its per- pensated by the State which they represent at unit for Appalachian programs; sonnel; (6) accept, use, and dispose of gifts or dona- the rate established by law of that State. (8) provide a forum for consideration of prob- tions of services or any property; (d) DELEGATION.— lems of the region and proposed solutions and (7) enter into and perform contracts, leases (1) POWERS AND RESPONSIBILITIES.—Commis- establish and utilize, as appropriate, citizens (including the lease of office space for any sion powers and responsibilities specified in sec- and special advisory councils and public con- term), cooperative agreements, or other trans- tion 14302(c) and (d) of this title, and the vote ferences; actions, necessary in carrying out its functions, of any Commission member, may not be dele- (9) encourage the use of eco-industrial devel- on terms as it may consider appropriate, with gated to an individual who is not a Commission opment technologies and approaches; and (10) seek to coordinate the economic develop- any— member or who is not entitled to vote in Commis- (A) department, agency, or instrumentality of sion meetings. ment activities of, and the use of economic development resources by, federal agencies in the the Federal Government; (2) ALTERNATE FEDERAL COCHAIRMAN.—The (B) State or political subdivision, agency, or region. alternate to the Federal Cochairman shall per- instrumentality of a State; or (b) IDENTIFY NEEDS AND GOALS OF SUB- form the functions and duties the Federal Co- (C) person; chairman delegates when not actively serving as REGIONAL AREAS.—In carrying out its functions (8) maintain a temporary office in the District the alternate. under this section, the Commission shall iden- of Columbia and establish a permanent office at (e) EXECUTIVE DIRECTOR.—The Commission tify the characteristics of, and may distinguish a central and appropriate location it may select has an executive director. The executive director between the needs and goals of, appropriate and field offices at other places it may consider is responsible for carrying out the administra- subregional areas, including central, northern, appropriate; and tive functions of the Commission, for directing and southern Appalachia. (9) take other actions and incur other ex- the Commission staff, and for other duties the § 14304. Recommendations penses as may be necessary or appropriate. Commission may assign. The Appalachian Regional Commission may (b) AUTHORIZATIONS.— (f) STATUS OF PERSONNEL.—Members, alter- make recommendations to the President and to (1) DETAIL EMPLOYEES.—The head of a federal nates, officers, and employees of the Commission the Governors and appropriate local officials department or agency may detail personnel are not federal employees for any purpose, ex- with respect to— under subsection (a)(3). (2) ENTER INTO AND PERFORM TRANSACTIONS.— cept the Federal Cochairman, the alternate to (1) the expenditure of amounts by federal, A department, agency, or instrumentality of the the Federal Cochairman, the staff of the Federal state, and local departments and agencies in the Government, to the extent not otherwise prohib- Cochairman, and federal employees detailed to Appalachian region in the fields of natural re- ited by law, may enter into and perform a con- the Commission under section 14306(a)(3) of this sources, agriculture, education, training, and tract, lease, cooperative agreement, or other title. health and welfare and in other fields related to transaction under subsection (a)(7). the purposes of this subtitle; and § 14302. Decisions (c) RETIREMENT AND OTHER EMPLOYEE BEN- (2) additional federal, state, and local legisla- (a) REQUIREMENTS FOR APPROVAL.—Except as EFIT PROGRAMS.—The Director of the Office of provided in section 14306(d) of this title, deci- tion or administrative actions as the Commission Personnel Management may contract with the sions by the Appalachian Regional Commission considers necessary to further the purposes of Commission for continued coverage of Commis- require the affirmative vote of the Federal Co- this subtitle. sion employees, if the employees are federal em- chairman and of a majority of the state mem- § 14305. Liaison between Federal Government ployees when they begin Commission employ- bers, exclusive of members representing States and Commission ment, in the retirement program and other em- delinquent under section 14306(d). (a) PRESIDENT.—The President shall provide ployee benefit programs of the Government. (b) CONSULTATION.—In matters coming before effective and continuing liaison between the (d) EXPENSES.—Administrative expenses of the the Commission, the Federal Cochairman, to the Federal Government and the Appalachian Re- Commission shall be paid equally by the Govern- extent practicable, shall consult with the federal gional Commission and a coordinated review ment and the States in the Appalachian region, departments and agencies having an interest in within the Government of the plans and rec- except that the expenses of the Federal Cochair- the subject matter. ommendations submitted by the Commission man, the alternate to the Federal Cochairman, (c) DECISIONS REQUIRING QUORUM OF STATE pursuant to sections 14303 and 14304 of this title. and the staff of the Federal Cochairman shall MEMBERS.—A decision involving Commission (b) INTERAGENCY COORDINATING COUNCIL ON be paid only by the Government. The Commis- policy, approval of state, regional or subregional APPALACHIA.—In carrying out subsection (a), sion shall determine the amount to be paid by development plans or strategy statements, modi- the President shall establish the Interagency each State. The Federal Cochairman shall not fication or revision of the Appalachian Regional Coordinating Council on Appalachia, to be com- participate or vote in that determination. Assist- Commission Code, allocation of amounts among posed of the Federal Cochairman and represent- ance authorized by this subtitle shall not be fur- the States, or designation of a distressed county atives of federal agencies that carry out eco- nished to any State or to any political subdivi- or an economically strong county shall not be nomic development programs in the Appa- sion or any resident of any State, and a state made without a quorum of state members. lachian region. The Federal Cochairman is the member of the Commission shall not participate (d) PROJECT AND GRANT PROPOSALS.—The ap- Chairperson of the Council. or vote in any decision by the Commission, while the State is delinquent in payment of its share proval of project and grant proposals is a re- § 14306. Administrative powers and expenses sponsibility of the Commission and shall be car- of administrative expenses. (a) POWERS.—To carry out its duties under ried out in accordance with section 14322 of this this subtitle, the Appalachian Regional Commis- § 14307. Meetings title. sion may— (a) IN GENERAL.—The Appalachian Regional § 14303. Functions (1) adopt, amend, and repeal bylaws and reg- Commission shall conduct at least one meeting (a) IN GENERAL.—In carrying out the purposes ulations governing the conduct of its business each year with the Federal Cochairman and at of this subtitle, the Appalachian Regional Com- and the performance of its functions; least a majority of the state members present. mission shall— (2) appoint and fix the compensation of an ex- (b) ADDITIONAL MEETINGS BY ELECTRONIC (1) develop, on a continuing basis, comprehen- ecutive director and other personnel as nec- MEANS.—The Commission may conduct addi- sive and coordinated plans and programs and essary to enable the Commission to carry out its tional meetings by electronic means as the Com- establish priorities under those plans and pro- functions, except that the compensation shall mission considers advisable, including meetings grams, giving due consideration to other federal, not exceed the maximum rate of basic pay for to decide matters requiring an affirmative vote. state, and local planning in the Appalachian re- the Senior Executive Service under section 5382 § 14308. Information gion; of title 5, including any applicable locality- (a) ACTIONS OF COMMISSION.—To obtain infor- (2) conduct and sponsor investigations, re- based comparability payment that may be au- mation needed to carry out its duties, the Appa- search, and studies, including an inventory and thorized under section 5304(h)(2)(C) of title 5; lachian Regional Commission shall—

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.043 pfrm01 PsN: H11PT1 H3370 CONGRESSIONAL RECORD — HOUSE June 11, 2002 (1) hold hearings, sit and act at times and local, or intergovernmental department or agen- development opportunities, or to respond to places, take testimony, receive evidence, and cy from which the individual was detailed or emergency economic distress in the region may print or otherwise reproduce and distribute so from the Commission. be made without regard to the percentage limi- much of its proceedings and reports on the pro- (3) CRIMINAL PENALTY.—An individual vio- tations specified in subparagraph (A). ceedings as the Commission may deem advisable; lating this subsection shall be fined under title (ii) LIMITATION ON AGGREGATE AMOUNT.—For (2) arrange for the head of any federal, state, 18, imprisoned for not more than one year, or each fiscal year, the aggregate amount of discre- or local department or agency to furnish to the both. tionary grants referred to in clause (i) shall not Commission information as may be available to (c) FEDERAL COCHAIRMAN, ALTERNATE TO be more than 10 percent of the amount appro- or procurable by the department or agency; and FEDERAL COCHAIRMAN, AND FEDERAL OFFICERS priated under section 14703 of this title for the (3) keep accurate and complete records of its AND EMPLOYEES.—The Federal Cochairman, the fiscal year. doings and transactions which shall be made alternate to the Federal Cochairman, and any (3) SOURCES OF GRANTS.—Grant amounts may available for— federal officer or employee detailed to duty with be provided entirely from appropriations to (A) public inspection; and the Commission under section 14306(a)(3) of this carry out this section, in combination with (B) audit and examination by the Comptroller title are not subject to this section but remain amounts available under other federal or federal General or an authorized representative of the subject to sections 202–209 of title 18. grant programs, or from any other source. Comptroller General. (d) RESCISSION.—The Commission may declare (4) FEDERAL SHARE.—Notwithstanding any (b) AUTHORIZATIONS.— void and rescind any contract, loan, or grant of law limiting the federal share in any other fed- (1) ADMINISTER OATHS.—A Cochairman of the or by the Commission in relation to which it eral or federal grant program, amounts appro- Commission, or any member of the Commission finds that there has been a violation of sub- priated to carry out this section may be used to designated by the Commission, may administer section (a)(1) or (b) of this section or any of the increase that federal share, as the Commission oaths when the Commission decides that testi- provisions of sections 202–209 of title 18. decides is appropriate. mony shall be taken or evidence received under § 14310. Annual report (b) ASSISTANCE FOR DEMONSTRATIONS OF EN- oath. TERPRISE DEVELOPMENT.— Not later than six months after the close of (2) FURNISH INFORMATION.—The head of any (1) IN GENERAL.—The Commission may provide federal, state, or local department or agency, to each fiscal year, the Appalachian Regional assistance under this section for demonstrations the extent not otherwise prohibited by law, may Commission shall prepare and submit to the of enterprise development, including site acqui- carry out section (a)(2). Governor of each State in the Appalachian re- sition or development where necessary for the gion and to the President, for transmittal to (c) PUBLIC PARTICIPATION.—Public participa- feasibility of the project, in connection with the tion in the development, revision, and implemen- Congress, a report on the activities carried out development of the region’s energy resources tation of all plans and programs under this sub- under this subtitle during the fiscal year. and the development and stimulation of indige- title by the Commission, any State, or any local SUBCHAPTER II—FINANCIAL ASSISTANCE nous arts and crafts of the region. development district shall be provided for, en- § 14321. Grants and other assistance (2) COOPERATION BY FEDERAL AGENCIES.—In couraged, and assisted. The Commission shall (a) AUTHORIZATION TO MAKE GRANTS.— carrying out the purposes of this subtitle and in develop and publish regulations specifying min- (1) IN GENERAL.—The Appalachian Regional implementing this section, the Secretary of En- imum guidelines for public participation, includ- Commission may make grants— ergy, the Environmental Protection Agency, and ing public hearings. (A) for administrative expenses, including the other federal agencies shall cooperate with the § 14309. Personal financial interests development of areawide plans or action pro- Commission and shall provide assistance that the Federal Cochairman may request. (a) CONFLICT OF INTEREST.— grams and technical assistance activities, of (3) AVAILABLE AMOUNTS.—In any fiscal year, (1) NO ROLE ALLOWED.—Except as permitted local development districts, but— not more than— by paragraph (2), an individual who is a state (i) the amount of a grant shall not exceed 50 (A) $3,000,000 shall be obligated for energy remember or alternate, or an officer or employee of percent of administrative expenses or, at the dis- source related demonstrations; and the Appalachian Regional Commission, shall cretion of the Commission, 75 percent of admin- (B) $2,500,000 shall be obligated for indigenous not participate personally and substantially as istrative expenses if the grant is to a local devel- arts and crafts demonstrations. a member, alternate, officer, or employee in any opment district that has a charter or authority (c) RECORDS.— way in any particular matter in which, to the that includes the economic development of a (1) COMMISSION.—The Commission, as re- individual’s knowledge, any of the following county or part of a county for which a dis- quired by the President, shall maintain accurate has a financial interest: tressed county designation is in effect under sec- and complete records of transactions and activi- (A) the individual. tion 14526 of this title; ties financed with federal amounts and report to (B) the individual’s spouse, minor child, or (ii) grants for administrative expenses shall the President on the transactions and activities. partner. not be made for a state agency certified as a The records of the Commission with respect to (C) an organization (except a State or political local development district for a period of more grants are available for audit by the President subdivision of a State) in which the individual than three years beginning on the date the ini- and the Comptroller General. is serving as an officer, director, trustee, part- tial grant is made for the development district; (2) RECIPIENTS OF FEDERAL ASSISTANCE.—Re- ner, or employee. and cipients of federal assistance under this section, (D) any person or organization with whom (iii) the local development district contribu- as required by the Commission, shall maintain the individual— tions for administrative expenses may be in cash accurate and complete records of transactions (i) is serving as an officer, director, trustee, or in kind, fairly evaluated, including space, and activities financed with federal amounts partner, or employee; or equipment, and services; and report to the Commission on the trans- (ii) is negotiating or has any arrangement (B) for assistance to States for a period of not actions and activities. The records are be avail- concerning prospective employment. more than two years to strengthen the state de- able for audit by the President, the Comptroller (2) EXCEPTION.—Paragraph (1) does not apply velopment planning process for the Appalachian General, and the Commission. if the individual first advises the Commission of region and the coordination of state planning the nature and circumstances of the particular under this subtitle, the Public Works and Eco- § 14322. Approval of development plans, strat- matter and makes full disclosure of the financial nomic Development Act of 1965 (42 U.S.C. 3121 et egy statements, and projects interest and receives in advance a written deci- seq.), and other federal and state programs; and (a) ANNUAL REVIEW AND APPROVAL RE- sion of the Commission that the interest is not so (C) for investigation, research, studies, eval- QUIRED.—The Appalachian Regional Commis- substantial as to be considered likely to affect uations, and assessments of needs, potentials, or sion annually shall review and approve, in ac- the integrity of the services which the Commis- attainments of the people of the region, tech- cordance with section 14302 of this title, state sion may expect from the individual. nical assistance, training programs, demonstra- and regional development plans and strategy (3) CRIMINAL PENALTY.—An individual vio- tions, and the construction of necessary facili- statements, and any multistate subregional lating this subsection shall be fined under title ties incident to those activities, which will fur- plans which may be developed. 18, imprisoned for not more than two years, or ther the purposes of this subtitle. (b) APPLICATION PROCESS.—An application for both. (2) LIMITATION ON AVAILABLE AMOUNTS.— a grant or for other assistance for a specific (b) ADDITIONAL SOURCES OF SALARY DIS- (A) IN GENERAL.—Except as provided in sub- project under this subtitle shall be made ALLOWED.— paragraph (B), not more than 50 percent (or 80 through the state member of the Commission (1) STATE MEMBER OR ALTERNATE.—A state percent in the case of a project to be carried out representing the applicant. The state member member or alternate may not receive any salary, in a county for which a distressed county des- shall evaluate the application for approval. To or any contribution to, or supplementation of, ignation is in effect under section 14526 of this be approved, the state member must certify, and salary, for services on the Commission from a title) of the cost of any activity eligible for fi- the Federal Cochairman must determine, that source other than the State of the member or al- nancial assistance under this section may be the application— ternate. provided from amounts appropriated to carry (1) implements the Commission-approved state (2) INDIVIDUALS DETAILED TO COMMISSION.— out this subtitle. development plan; An individual detailed to serve the Commission (B) DISCRETIONARY GRANTS.— (2) is included in the Commission-approved under section 14306(a)(4) of this title may not re- (i) GRANTS TO WHICH PERCENTAGE LIMITATION strategy statement; ceive any salary, or any contribution to, or sup- DOESN’T APPLY.—Discretionary grants made by (3) adequately ensures that the project will be plementation of, salary, for services on the Com- the Commission to implement significant re- properly administered, operated, and main- mission from a source other than the state, gional initiatives, to take advantage of special tained; and

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.043 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3371 (4) otherwise meets the requirements for assist- percent of the roads authorized under this sub- (ii) previously operated for profit if the Com- ance under this subtitle. title. mission finds that health services would not (c) AFFIRMATIVE VOTE REQUIREMENT DEEMED (e) FEDERAL SHARE.—Federal assistance to otherwise be provided in the area served by the MET.—After the appropriate state development any construction project under this section shall facility if the acquisition is not made; and plan and strategy statement are approved, cer- not be more than 80 percent of the cost of the (B) initial equipment. tification by a state member, when joined by an project. (2) STANDARDS FOR MAKING GRANTS.—Grants affirmative vote of the Federal Cochairman, is (f) CONSTRUCTION WITHOUT FEDERAL under this section for construction shall be deemed to satisfy the requirements for affirma- AMOUNTS.— made in accordance with section 14523 of this tive votes for decisions under section 14302(a) of (1) PAYMENT OF FEDERAL SHARE.—When a title and shall not be incompatible with the ap- this title. participating State constructs a segment of a de- plicable provisions of title VI of the Public CHAPTER 145—SPECIAL APPALACHIAN velopment highway without the aid of federal Health Service Act (42 U.S.C. 291 et seq.), the PROGRAMS amounts and the construction is in accordance Developmental Disabilities Assistance and Bill with all procedures and requirements applicable of Rights Act of 2000 (42 U.S.C. 15001 et seq.), SUBCHAPTER I—PROGRAMS to the construction of segments of Appalachian and other laws authorizing grants for the con- Sec. development highways with those amounts, ex- struction of health-related facilities, without re- 14501. Appalachian development highway sys- cept for procedures and requirements that limit gard to any provisions in those laws relating to tem. a State to the construction of projects for which appropriation authorization ceilings or to allot- 14502. Demonstration health projects. federal amounts have previously been appro- ments among the States. 14503. Assistance for proposed low- and mid- priated, the Secretary, on application by the (3) LIMITATION ON AVAILABLE AMOUNTS.—A dle-income housing projects. State and with the approval of the Commission, grant for the construction or equipment of any 14504. Telecommunications and technology ini- may pay to the State the federal share, which component of a demonstration health project tiative. shall not be more than 80 percent of the cost of shall not be more than 80 percent of the cost. 14505. Entrepreneurship initiative. the construction of the segment, from any (4) SOURCES OF ASSISTANCE.—The federal con- 14506. Regional skills partnerships. amounts appropriated and allocated to the State tribution may be provided entirely from amounts 14507. Supplements to federal grant programs. to carry out this section. authorized under this section or in combination SUBCHAPTER II—ADMINISTRATIVE (2) NO COMMITMENT OR OBLIGATION.—This with amounts provided under other federal 14521. Required level of expenditure. subsection does not commit or obligate the Fed- grant programs for the construction or equip- 14522. Consent of States. eral Government to provide amounts for segment of health-related facilities. 14523. Program implementation. ments of development highways constructed (5) FEDERAL SHARE.—Notwithstanding any 14524. Program development criteria. under this subsection. provision of law limiting the federal share in 14525. State development planning process. (g) APPLICATION OF TITLE 23.— those other programs, amounts authorized 14526. Distressed and economically strong (1) SECTIONS 106(a) AND 118.—Sections 106(a) under this section may be used to increase fed- counties. and 118 of title 23 apply to the development eral grants for component facilities of a dem- SUBCHAPTER I—PROGRAMS highway system and the local access roads. onstration health project to a maximum of 80 (2) CONSTRUCTION AND MAINTENANCE.—States percent of the cost of the facilities. § 14501. Appalachian development highway (d) OPERATION GRANTS.— system are required to maintain each development highway and local access road as provided for (1) STANDARDS FOR MAKING GRANTS.—A grant (a) PURPOSE.—To provide a highway system Federal-aid highways in title 23. All other provi- for the operation of a demonstration health which, in conjunction with the Interstate Sys- sions of title 23 that are applicable to the con- project shall not be made— tem and other Federal-aid highways in the Ap- struction and maintenance of Federal-aid pri- (A) unless the facility is publicly owned, or palachian region, will open up an area with a mary and secondary highways and which the owned by a public or private nonprofit organi- developmental potential where commerce and Secretary decides are not inconsistent with this zation, and is not operated for profit; (B) after five years following the commence- communication have been inhibited by lack of subtitle shall apply to the system and roads, re- ment of the initial grant for operation of the adequate access, the Secretary of Transpor- spectively. tation may assist in the construction of an Ap- project, except that child development dem- palachian development highway system and § 14502. Demonstration health projects onstrations assisted under this section during local access roads serving the Appalachian re- (a) PURPOSE.—To demonstrate the value of fiscal year 1979 may be approved under section gion. Construction on the development highway adequate health facilities and services to the 14322 of this title for continued support beyond system shall not be more than 3,025 miles. There economic development of the Appalachian re- that period, on request of the State, if the Com- shall not be more than 1,400 miles of local access gion, the Secretary of Health and Human Serv- mission finds that no federal, state, or local roads that serve specific recreational, residen- ices may make grants for the planning, con- amounts are available to continue the project; tial, educational, commercial, industrial, or struction, equipment, and operation of multi- and similar facilities or facilitate a school consolida- county demonstration health, nutrition, and (C) unless the Secretary of Health and Human tion program. child care projects, including hospitals, regional Services is satisfied that the operation of the (b) COMMISSION DESIGNATIONS.— health diagnostic and treatment centers, and project will be conducted under efficient man- (1) WHAT IS TO BE DESIGNATED.—The Appa- other facilities and services necessary for the agement practices designed to obviate operating lachian Regional Commission shall transmit to purposes of this section. deficits. the Secretary its designations of— (b) PLANNING GRANTS.— (2) LIMITATION ON AVAILABLE AMOUNTS.— (A) the general corridor location and termini (1) AUTHORITY TO PROVIDE AMOUNTS AND Grants under this section for the operation (in- of the development highways; MAKE GRANTS.—The Secretary may provide cluding initial operating amounts and operating (B) local access roads to be constructed; amounts to the Appalachian Regional Commis- deficits, which include the cost of attracting, (C) priorities for the construction of segments sion for the support of its Health Advisory Com- training, and retaining qualified personnel) of a of the development highways; and mittee and may make grants for expenses of demonstration health project, whether or not (D) other criteria for the program authorized planning necessary for the development and op- constructed with amounts authorized by this by this section. eration of demonstration health projects for the section, may be made for up to 50 percent of the (2) STATE TRANSPORTATION DEPARTMENT REC- region. cost of that operation (or 80 percent of the cost OMMENDATION REQUIRED.—Before a state mem- (2) LIMITATION ON AVAILABLE AMOUNTS.—The of that operation for a project to be carried out ber participates in or votes on designations, the amount of a grant under this section for plan- in a county for which a distressed county des- member must obtain the recommendations of the ning shall not be more than 75 percent of ex- ignation is in effect under section 14526 of this state transportation department of the State penses. title). which the member represents. (3) SOURCES OF ASSISTANCE.—The federal con- (3) SOURCES OF ASSISTANCE.—The federal con- (c) ADDITION TO FEDERAL-AID PRIMARY SYS- tribution may be provided entirely from amounts tribution may be provided entirely from amounts TEM.—When completed, each development high- authorized under this section or in combination appropriated to carry out this section or in com- way not already on the Federal-aid primary with amounts provided under other federal or bination with amounts provided under other system shall be added to the system. federal grant programs. federal grant programs for the operation of (d) USE OF SPECIFIC MATERIALS AND PROD- (4) FEDERAL SHARE.—Notwithstanding any health related facilities and the provision of UCTS.— provision of law limiting the federal share in health and child development services, including (1) INDIGENOUS MATERIALS AND PRODUCTS.—In those other programs, amounts appropriated to parts A and B of title IV and title XX of the So- the construction of highways and roads author- carry out this section may be used to increase cial Security Act (42 U.S.C. 601 et seq., 620 et ized under this section, a State may give special the federal share to the maximum percentage seq., 1397 et seq.). preference to the use of materials and products cost of a grant authorized by this subsection. (4) FEDERAL SHARE.—Notwithstanding any indigenous to the Appalachian region. (c) CONSTRUCTION AND EQUIPMENT GRANTS.— provision of law limiting the federal share in (2) COAL DERIVATIVES.—For research and de- (1) ADDITIONAL USES FOR CONSTRUCTION those other programs, amounts appropriated to velopment in the use of coal and coal products GRANTS.—Grants under this section for con- carry out this section may be used to increase in highway construction and maintenance, the struction may also be used for— federal grants for operating components of a Secretary may require each participating State, (A) the acquisition of privately owned demonstration health project to the maximum to the maximum extent possible, to use coal de- facilities— percentage cost of a grant authorized by this rivatives in the construction of not more than 10 (i) not operated for profit; or subsection.

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(5) STATE DEEMED TO MEET REQUIREMENT OF dividend, or cooperative organizations and pub- tracts, or otherwise provide amounts to persons PROVIDING ASSISTANCE OR SERVICES ON STATE- lic bodies for the purposes for which the Sec- or entities in the region for projects— WIDE BASIS.—Notwithstanding any provision of retary may provide amounts under this section. (1) to increase affordable access to advanced the Social Security Act (42 U.S.C. 301 et seq.) re- (d) LOANS.— telecommunications, entrepreneurship, and quiring assistance or services on a statewide (1) LIMITATION ON AVAILABLE AMOUNTS.—A management technologies or applications in the basis, a State providing assistance or services loan under subsection (b) shall not be more than region; under a federal grant program described in 50 percent (or 80 percent for a project to be car- (2) to provide education and training in the paragraph (2) in any area of the region ap- ried out in a county for which a distressed use of telecommunications and technology; proved by the Commission is deemed to be meet- county designation is in effect under section (3) to develop programs to increase the readi- ing that requirement. 14526 of this title) of the cost of planning and ness of industry groups and businesses in the re- (e) GRANT SOURCES AND USE OF GRANTS IN obtaining financing for a project, including pre- gion to engage in electronic commerce; or COMPUTING ALLOTMENTS.—Grants under this liminary surveys and analyses of market needs, (4) to support entrepreneurial opportunities section— preliminary site engineering and architectural for businesses in the information technology sec- (1) shall be made only out of amounts specifi- fees, site options, application and mortgage com- tor. cally appropriated for the purpose of carrying mitment fees, legal fees, and construction loan (b) LIMITATION ON AVAILABLE AMOUNTS.—Not out this subtitle; and fees and discounts. more than 50 percent (or 80 percent in the case (2) shall not be taken into account in com- (2) INTEREST.—A loan shall be made without of a project to be carried out in a county for puting allotments among the States under any interest, except that a loan made to an organi- which a distressed county designation is in ef- other law. zation established for profit shall bear interest fect under section 14526 of this title) of the cost (f) MAXIMUM COMMISSION CONTRIBUTION.— at the prevailing market rate authorized for an of any activity eligible for a grant under this (1) IN GENERAL.—Subject to paragraph (2), the insured or guaranteed loan for that type of section may be provided from amounts appro- Commission may contribute not more than 50 project. priated to carry out this section. percent of any project cost eligible for financial (3) PAYMENT.—The Secretary shall require (c) SOURCES OF ASSISTANCE.—Assistance assistance under this section from amounts ap- payment of a loan made under this section, under this section may be provided entirely from propriated to carry out this subtitle. under terms and conditions the Secretary may amounts made available to carry out this sec- (2) DISTRESSED COUNTIES.—The maximum require, no later than on completion of the tion, in combination with amounts made avail- Commission contribution for a project to be car- project. Except for a loan to an organization es- able under other federal programs, or from any ried out in a county for which a distressed tablished for profit, the Secretary may cancel other source. county designation is in effect under section any part of a loan made under this section on (d) FEDERAL SHARE.—Notwithstanding any 14526 of this title may be increased to the lesser determining that a permanent loan to finance provision of law limiting the federal share under of— the project cannot be obtained in an amount any other federal program, amounts made avail- (A) 80 percent; or adequate for repayment of a loan made under able to carry out this section may be used to in- (B) the maximum federal contribution percent- this section. crease that federal share, as the Commission de- age authorized by this section. (e) GRANTS.— cides is appropriate. (g) EMPHASIS ON OCCUPATIONAL DISEASES (1) IN GENERAL.—A grant under this section FROM COAL MINING.—To provide for the further shall not be made to an organization established § 14505. Entrepreneurship initiative development of the Appalachian region’s human for profit and, except as provided in paragraph (a) BUSINESS INCUBATOR SERVICE.—In this resources, grants under this section shall give (2), shall not exceed 50 percent (or 80 percent for section, the term ‘‘business incubator service’’ special emphasis to programs and research for a project to be carried out in a county for which means a professional or technical service nec- the early detection, diagnosis, and treatment of a distressed county designation is in effect essary for the initiation and initial sustainment occupational diseases arising from coal mining, under section 14526 of this title) of expenses, in- of the operations of a newly established busi- such as black lung. cident to planning and obtaining financing for ness, including a service such as— § 14503. Assistance for proposed low- and a project, which the Secretary considers not to (1) a legal service, including aid in preparing middle-income housing projects be recoverable from the proceeds of a permanent a corporate charter, partnership agreement, or loan made to finance the project. basic contract; (a) APPALACHIAN HOUSING FUND.— (2) SITE DEVELOPMENT COSTS AND OFFSITE IM- (2) a service in support of the protection of in- (1) ESTABLISHMENT.—There is an Appalachian PROVEMENTS.—The Secretary may make grants Housing Fund. tellectual property through a patent, a trade- and commitments for grants, and may advance mark, or any other means; (2) SOURCE AND USE OF AMOUNTS IN FUND.— amounts under terms and conditions the Sec- Amounts allocated to the Secretary of Housing (3) a service in support of the acquisition and retary may require, to nonprofit, limited divi- and Urban Development for the purposes of this use of advanced technology, including the use dend, or cooperative organizations and public section shall be deposited in the Fund. The Sec- of Internet services and Web-based services; and bodies for reasonable site development costs and retary shall use the Fund as a revolving fund to (4) consultation on strategic planning, mar- necessary offsite improvements, such as sewer carry out those purposes. Amounts in the Fund keting, or advertising. and water line extensions, when the grant, com- not needed for current operation may be in- (b) PROJECTS TO BE ASSISTED.—The Appa- mitment, or advance is essential to the economic vested in bonds or other obligations the Federal lachian Regional Commission may provide tech- feasibility of a housing construction or rehabili- Government guarantees as to principal and in- nical assistance, make grants, enter into con- tation project for low- and moderate-income terest. General expenses of administration of tracts, or otherwise provide amounts to persons families and individuals which otherwise meets this section may be charged to the Fund. or entities in the region for projects— the requirements for assistance under this sec- (b) PURPOSE.—To encourage and facilitate the (1) to support the advancement of, and pro- tion. A grant under this paragraph for— construction or rehabilitation of housing to meet vide, entrepreneurial training and education for (A) the construction of housing shall not be the needs of low- and moderate-income families youths, students, and businesspersons; more than 10 percent of the cost of the project; and individuals, the Secretary may make grants (2) to improve access to debt and equity cap- and and loans from the Fund, under terms and con- ital by such means as facilitating the establish- (B) the rehabilitation of housing shall not be ditions the Secretary may prescribe. The grants ment of development venture capital funds; more than 10 percent of the reasonable value of and loans may be made to nonprofit, limited (3) to aid communities in identifying, devel- the rehabilitation housing, as determined by the dividend, or cooperative organizations and pub- oping, and implementing development strategies Secretary. lic bodies and are for planning and obtaining for various sectors of the economy; (f) INFORMATION, ADVICE, AND TECHNICAL AS- federally insured mortgage financing or other fi- (4) to develop a working network of business SISTANCE.—The Secretary or the Commission nancial assistance for housing construction or incubators; and may provide, or contract with public or private rehabilitation projects for low- and moderate-in- (5) to support entities that provide business organizations to provide, information, advice, come families and individuals, in any area of incubator services. and technical assistance with respect to the con- the Appalachian region the Appalachian Re- (c) LIMITATION ON AVAILABLE AMOUNTS.—Not struction, rehabilitation, and operation by non- gional Commission establishes, under— more than 50 percent (or 80 percent in the case profit organizations of housing for low- or (1) section 221 of the National Housing Act (12 of a project to be carried out in a county for moderate- income families in areas of the region U.S.C. 1715l); which a distressed county designation is in ef- the Commission establishes. (2) section 8 of the United States Housing Act fect under section 14526 of this title) of the cost (g) APPLICATION OF CERTAIN PROVISIONS.— of 1937 (42 U.S.C. 1437f); of any activity eligible for a grant under this Programs and projects assisted under this sec- (3) section 515 of the Housing Act of 1949 (42 section may be provided from amounts appro- tion are subject to the provisions cited in section U.S.C. 1485); or priated to carry out this section. 14701 of this title to the extent provided in the (4) any other law of similar purpose adminis- (d) SOURCES OF ASSISTANCE.—Assistance laws authorizing assistance for low- and mod- tered by the Secretary or any other department, under this section may be provided entirely from erate-income housing. agency, or instrumentality of the Federal Gov- amounts made available to carry out this sec- ernment or a state government. § 14504. Telecommunications and technology tion, in combination with amounts made avail- (c) PROVIDING AMOUNTS TO STATES FOR initiative able under other federal programs, or from any GRANTS AND LOANS.—The Secretary or the Com- (a) PROJECTS TO BE ASSISTED.—The Appa- other source. mission may provide amounts to the States for lachian Regional Commission may provide tech- (e) FEDERAL SHARE.—Notwithstanding any making grants and loans to nonprofit, limited nical assistance, make grants, enter into con- provision of law limiting the federal share under

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.044 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3373 any other federal program, amounts made avail- (vi) title VI of the Public Health Services Act tressed county designation is in effect under sec- able to carry out this section may be used to in- (42 U.S.C. 291 et seq.); tion 14526 of this title may be increased to 80 crease that federal share, as the Commission de- (vii) sections 201 and 209 of the Public Works percent. cides is appropriate. and Economic Development Act of 1965 (42 SUBCHAPTER II—ADMINISTRATIVE U.S.C. 3141, 3149); § 14506. Regional skills partnerships § 14521. Required level of expenditure (viii) title I of the Housing and Community (a) ELIGIBLE ENTITY.—In this section, the Development Act of 1974 (42 U.S.C. 5301 et seq.); A State or political subdivision of a State is term ‘‘eligible entity’’ means a consortium and not eligible to receive benefits under this subtitle that— (ix) part IV of title III of the Communications unless the aggregate expenditure of state (1) is established to serve one or more indus- Act of 1934 (47 U.S.C. 390 et seq.); but amounts, except expenditures for participation tries in a specified geographic area; and (B) does not include— in the Dwight D. Eisenhower System of Inter- (2) consists of representatives of— (i) the program for the construction of the de- state and Defense Highways and local and fed- (A) businesses (or a nonprofit organization velopment highway system authorized by sec- eral amounts, for the benefit of the area within that represents businesses); tion 14501 of this title or any other program re- the State located in the Appalachian region is (B) labor organizations; lating to highway or road construction author- maintained at a level which does not fall below (C) State and local governments; or ized by title 23; or the average level of those expenditures for the (D) educational institutions. (ii) any other program to the extent that fi- State’s last two full fiscal years prior to March (b) PROJECTS TO BE ASSISTED.—The Appa- nancial assistance other than a grant is author- 9, 1965. In computing the level, a State’s past ex- lachian Regional Commission may provide tech- ized. penditure for participation in the Dwight D. Ei- nical assistance, make grants, enter into con- (2) CERTAIN SEWAGE TREATMENT WORKS senhower System of Interstate and Defense tracts, or otherwise provide amounts to eligible DEEMED CONSTRUCTED WITH FEDERAL GRANT AS- Highways and expenditures of local and federal entities in the region for projects to improve the SISTANCE.—For the purpose of this section, any amounts shall not be included. The Commission job skills of workers for a specified industry, in- sewage treatment works constructed pursuant to shall recommend to the President a lesser re- cluding projects for— title II of the Federal Water Pollution Control quirement when it finds that a substantial pop- (1) the assessment of training and job skill Act (33 U.S.C. 1281 et seq.) (known as the Clean ulation decrease in that part of a State which needs for the industry; Water Act) without federal grant assistance lies within the region would not justify a state (2) the development of curricula and training under that title is deemed to be constructed with expenditure equal to the average level of the last methods, including, in appropriate cases, elec- that assistance. two years or when it finds that a State’s aver- tronic learning or technology-based training; (b) PURPOSE.—To enable the people, States, age level of expenditure in an individual pro- (3) the identification of training providers; and local communities of the Appalachian re- gram has been disproportionate to the present (4) the development of partnerships between gion, including local development districts, to need for that part of the State. the industry and educational institutions, intake maximum advantage of federal grant pro- cluding community colleges; § 14522. Consent of States grams for which they are eligible but for which, (5) the development of apprenticeship pro- This subtitle does not require a State to en- because of their economic situation, they cannot grams; gage in or accept a program under this subtitle supply the required matching share, or for (6) the development of training programs for without its consent. which there are insufficient amounts available workers, including dislocated workers; and § 14523. Program implementation under the federal law authorizing the programs (7) the development of training plans for busi- (a) REQUIREMENTS.—A program or project au- nesses. to meet pressing needs of the region, the Federal Cochairman may use amounts made available to thorized under this chapter shall not be imple- (c) ADMINISTRATIVE COSTS.— An eligible enti- carry out this section— mented until— ty may use not more than 10 percent of amounts (1) the responsible federal official has decided made available to the eligible entity under sub- (1) for any part of the basic federal contribution to projects or activities under the federal that applications and plans relating to the pro- section (b) to pay administrative costs associ- gram or project are not incompatible with the ated with the projects described in subsection grant programs authorized by federal laws; and (2) to increase the federal contribution to provisions and objectives of federal laws that (b). projects and activities under the programs above the official administers that are not inconsistent (d) LIMITATION ON AVAILABLE AMOUNTS.—Not with this subtitle; and more than 50 percent (or 80 percent in the case the fixed maximum part of the cost of the projects or activities otherwise authorized by the (2) the Appalachian Regional Commission has of a project to be carried out in a county for approved the program or project and has deter- which a distressed county designation is in ef- applicable law. (c) CERTIFICATION REQUIRED.—For a program, mined that it— fect under section 14526 of this title) of the cost project, or activity for which any part of the (A) meets the applicable criteria under section of any activity eligible for a grant under this basic federal contribution to the project or activ- 14524 of this title and the requirements of the section may be provided from amounts appro- ity under a federal grant program is proposed to development planning process under section priated to carry out this section. be made under subsection (b), the contribution 14525 of this title; and (e) SOURCES OF ASSISTANCE.—Assistance shall not be made until the responsible federal (B) will contribute to the development of the under this section may be provided entirely from official administering the federal law author- Appalachian region. amounts made available to carry out this sec- (b) DECISION IS CONTROLLING.—A decision izing the contribution certifies that the program, tion, in combination with amounts made avail- under subsection (a)(2) is controlling and shall project, or activity meets the applicable require- able under other federal programs, or from any be accepted by the federal agencies. ments of the federal law and could be approved other source. for federal contribution under that law if § 14524. Program development criteria (f) FEDERAL SHARE.—Notwithstanding any (a) FACTORS TO BE CONSIDERED.—In consid- provision of law limiting the federal share under amounts were available under the law for the ering programs and projects to be given assist- any other federal program, amounts made avail- program, project, or activity. (d) LIMITATIONS IN OTHER LAWS INAPPLI- ance under this subtitle, and in establishing a able to carry out this section may be used to in- CABLE.—Amounts provided pursuant to this sub- priority ranking of the requests for assistance crease that Federal share, as the Commission title are available without regard to any limita- presented to the Appalachian Regional Commis- decides is appropriate. tions on areas eligible for assistance or author- sion, the Commission shall follow procedures § 14507. Supplements to federal grant pro- izations for appropriation in any other law. that will ensure consideration of— grams (e) ACCEPTANCE OF CERTAIN MATERIAL.—For (1) the relationship of the project or class of (a) DEFINITION.— a supplemental grant for a project or activity projects to overall regional development, includ- (1) FEDERAL GRANT PROGRAMS.—In this sec- under a federal grant program, the Federal Co- ing its location in a severely and persistently tion, the term ‘‘federal grant programs’’— chairman shall accept any finding, report, cer- distressed county or area; (A) means any federal grant program that tification, or documentation required to be sub- (2) the population and area to be served by provides assistance for the acquisition or devel- mitted to the head of the department, agency, or the project or class of projects, including the per opment of land, the construction or equipment instrumentality of the Federal Government re- capita market income and the unemployment of facilities, or other community or economic de- sponsible for the administration of the program. rates in the area; velopment or economic adjustment activities, in- (f) FEDERAL SHARE.—The federal portion of (3) the relative financial resources available to cluding a federal grant program authorized by— the cost of a project or activity shall not— the State or political subdivisions or instrumen- (i) the Consolidated Farm and Rural Develop- (1) be increased to more than the percentages talities of the State that seek to undertake the ment Act (7 U.S.C. 1921 et seq.); the Commission establishes; nor project; (ii) the Land and Water Conservation Fund (2) be more than 80 percent of the cost. (4) the importance of the project or class of Act of 1965 (16 U.S.C. 460l–4 et seq.); (g) MAXIMUM COMMISSION CONTRIBUTION.— projects in relation to other projects or classes of (iii) the Watershed Protection and Flood Pre- (1) IN GENERAL.—Subject to paragraph (2), the projects that may be in competition for the same vention Act (16 U.S.C. 1001 et seq.); Commission may contribute not more than 50 amounts; (iv) the Carl D. Perkins Vocational and Tech- percent of a project or activity cost eligible for (5) the prospects that the project for which as- nical Education Act of 1998 (20 U.S.C. 2301 et financial assistance under this section from sistance is sought will improve, on a continuing seq.); amounts appropriated to carry out this subtitle. rather than a temporary basis, the opportunities (v) the Federal Water Pollution Control Act (2) DISTRESSED COUNTIES.— The maximum for employment, the average level of income, or (33 U.S.C. 1251 et seq.) (known as the Clean Commission contribution for a project or activity the economic and social development of the area Water Act); to be carried out in a county for which a dis- served by the project; and

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.045 pfrm01 PsN: H11PT1 H3374 CONGRESSIONAL RECORD — HOUSE June 11, 2002 (6) the extent to which the project design pro- (1) take into account the policies, goals, and (ii) a significant potential benefit from the vides for detailed outcome measurements by objectives the Commission and its member States project in at least one area of the region outside which grant expenditures may be evaluated. establish pursuant to this subtitle; the designated county. (b) LIMITATION ON USE.—Financial assistance (2) recognize Appalachian state development (B) REPORTS TO CONGRESS.—The Commission made available under this subtitle shall not be strategies approved by the Commission as satis- shall submit to the Committee on Environment used to assist establishments relocating from one fying requirements for overall economic develop- and Public Works of the Senate and the Com- area to another. ment planning under the programs or projects; mittee on Transportation and Infrastructure of (c) DETERMINATION REQUIRED BEFORE and the House of Representatives an annual report AMOUNTS MAY BE PROVIDED.—Amounts may be (3) accept the boundaries and organization of describing each waiver granted under subpara- provided for programs and projects in a State any local development district certified under graph (A) during the period covered by the re- under this subtitle only if the Commission deter- this subtitle that the Governor may designate as port. mines that the level of federal and state finan- the areawide agency required under any of CHAPTER 147—MISCELLANEOUS cial assistance under other laws for the same those programs undertaken or assisted by those Sec. type of programs or projects in that part of the federal departments, agencies, and instrumen- 14701. Applicable labor standards. State within the Appalachian region will not be talities. 14702. Nondiscrimination. diminished in order to substitute amounts au- § 14526. Distressed and economically strong 14703. Authorization of appropriations. thorized by this subtitle. counties 14704. Termination. (d) MINIMUM AMOUNT OF ASSISTANCE TO DIS- § 14701. Applicable labor standards TRESSED COUNTIES AND AREAS.—For each fiscal (a) DESIGNATIONS.— year, not less than 50 percent of the amount of (1) IN GENERAL.—The Appalachian Regional All laborers and mechanics employed by con- grant expenditures the Commission approves Commission, in accordance with criteria the tractors or subcontractors in the construction, shall support activities or projects that benefit Commission may establish, each year shall— alteration, or repair, including painting and severely and persistently distressed counties and (A) designate as ‘‘distressed counties’’ those decorating, of projects, buildings, and works areas. counties in the Appalachian region that are the which are financially assisted through federal most severely and persistently distressed; and amounts authorized under this subtitle shall be § 14525. State development planning process (B) designate two categories of economically paid wages at rates not less than those pre- (a) STATE DEVELOPMENT PLAN.—Pursuant to strong counties, consisting of— vailing on similar construction in the locality as policies the Appalachian Regional Commission (i) ‘‘competitive counties’’, which shall be the Secretary of Labor determines in accordance establishes, each state member shall submit a de- those counties in the region that are approach- with sections 3141–3144, 3146, and 3147 of this velopment plan for the area of the State within ing economic parity with the rest of the United title. With respect to those labor standards, the the Appalachian region. The plan shall— States; and Secretary has the authority and functions set (1) be submitted according to a schedule the (ii) ‘‘attainment counties’’, which shall be forth in Reorganization Plan Numbered 14 of Commission prescribes; those counties in the region that have attained 1950 (eff. May 24, 1950, 64 Stat. 1267) and section (2) reflect the goals, objectives, and priorities or exceeded economic parity with the rest of the 3145 of this title. identified in the regional development plan and United States. in any subregional development plan that may § 14702. Nondiscrimination (2) ANNUAL REVIEW OF DESIGNATIONS.—The be approved for the subregion of which the State An individual in the United States shall not, Commission shall— because of sex, be excluded from participation is a part; (A) conduct an annual review of each des- (3) describe the state organization and contin- in, be denied the benefits of, or be subjected to ignation of a county under paragraph (1) to de- uous process for Appalachian development plan- discrimination under, a program or activity re- termine if the county still meets the criteria for ning, including— ceiving federal financial assistance under this (A) the procedures established by the State for the designation; and subtitle. (B) renew the designation for another one- the participation of local development districts § 14703. Authorization of appropriations in the process; year period only if the county still meets the criteria. (a) IN GENERAL.—In addition to amounts au- (B) how the process is related to overall state- thorized by section 14501 of this title and other wide planning and budgeting processes; and (b) DISTRESSED COUNTIES.—In program and project development and implementation and in amounts made available for the Appalachian (C) the method of coordinating planning and development highway system program, the fol- projects in the region under this subtitle, the the allocation of appropriations made available to carry out this subtitle, the Commission shall lowing amounts may be appropriated to the Ap- Public Works and Economic Development Act of palachian Regional Commission to carry out 1965 (42 U.S.C. 3121 et seq.), and other federal, give special consideration to the needs of counties for which a distressed county designation is this subtitle: state, and local programs; (1) $88,000,000 for each of the fiscal years (4) set forth the goals, objectives, and prior- in effect under this section. (c) ECONOMICALLY STRONG COUNTIES.— 2002–2004. ities of the State for the region, as established (2) $90,000,000 for fiscal year 2005. by the Governor, and identify the needs on (1) COMPETITIVE COUNTIES.—Except as provided in paragraphs (3) and (4), assistance (3) $92,000,000 for fiscal year 2006. which the goals, objectives, and priorities are (b) TELECOMMUNICATIONS AND TECHNOLOGY under this subtitle for a project that is carried based; and INITIATIVE.—Of the amounts made available out in a county for which a competitive county (5) describe the development strategies for under subsection (a), the following amounts are designation is in effect under this section shall achieving the goals, objectives, and priorities, available to carry out section 14504 of this title: including funding sources, and recommenda- not be more than 30 percent of the project cost. (1) $10,000,000 for fiscal year 2002. tions for specific projects to receive assistance (2) ATTAINMENT COUNTIES.—Except as pro- (2) $8,000,000 for fiscal year 2003. under this subtitle. vided in paragraphs (3) and (4), amounts may (3) $5,000,000 for each of the fiscal years 2004– (b) AREAWIDE ACTION PROGRAMS.—The Com- not be provided under this subtitle for a project 2006. mission shall encourage the preparation and that is carried out in a county for which an at- (c) AVAILABILITY.—Amounts made available execution of areawide action programs that tainment county designation is in effect under under subsection (a) remain available until ex- specify interrelated projects and schedules of ac- this section. pended. (3) EXCEPTIONS.—Paragraphs (1) and (2) do tions, the necessary agency funding, and other § 14704. Termination commitments to implement the programs. The not apply to— This subtitle, except sections 14102(a)(1) and programs shall make appropriate use of existing (A) a project on the Appalachian development (b) and 14501, ceases to be in effect on October plans affecting the area. highway system authorized by section 14501 of 1, 2006. (c) LOCAL DEVELOPMENT DISTRICTS.—Local this title; development districts certified by the State as (B) a local development district administrative SUBTITLE V—MISCELLANEOUS described in section 14102(a)(2) of this title pro- project assisted under section 14321(a)(1)(A) of CHAPTER Sec. vide the linkage between state and substate this title; or 171. SAFETY STANDARDS FOR MOTOR planning and development. The districts shall (C) a multicounty project that is carried out VEHICLES ...... 17101 in at least two counties designated under this 173. GOVERNMENT LOSSES IN SHIP- assist the States in the coordination of areawide MENT ...... 17301 programs and projects and may prepare and section if— 175. FEDERAL MOTOR VEHICLE EX- adopt areawide plans or action programs. In (i) at least one of the participating counties is PENDITURE CONTROL ...... 17501 carrying out the development planning process, designated as a distressed county under this sec- 177. ALASKA COMMUNICATIONS DIS- including the selection of programs and projects tion; and POSAL ...... 17701 for assistance, States shall consult with local (ii) the project will be of substantial direct 179. ALASKA FEDERAL-CIVILIAN EN- ERGY EFFICIENCY SWAP ...... 17901 development districts, local units of government, benefit to at least one distressed county. 181. TELECOMMUNICATIONS ACCESSI- and citizen groups and shall consider the goals, (4) WAIVER.— BILITY FOR HEARING-IMPAIRED objectives, priorities, and recommendations of (A) IN GENERAL.—The Commission may waive AND SPEECH-IMPAIRED INDIVID- those bodies. the requirements of paragraphs (1) and (2) for a UALS ...... 18101 (d) FEDERAL RESPONSIBILITIES.—To the max- project when the recipient of assistance for the 183. NATIONAL CAPITAL AREA INTER- imum extent practicable, federal departments, project shows the existence of any of the fol- EST ARBITRATION STANDARDS ... 18301 agencies, and instrumentalities undertaking or lowing: CHAPTER 171—SAFETY STANDARDS FOR providing financial assistance for programs or (i) a significant pocket of distress in the part MOTOR VEHICLES projects in the region shall— of the county in which the project is carried out. Sec.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 6343 E:\CR\FM\A11JN7.045 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3375 17101. Definitions. ing in their official capacity, have any interest, lations, the Secretary shall have replacement be 17102. Prohibition on acquisition or purchase or in connection with which they have any obli- made out of the fund described in section 17303 of motor vehicles by Federal Gov- gation or responsibility; and of this title through an officer the Secretary des- ernment. (ii) which the Secretary of the Treasury de- ignates. 17103. Commercial standards for passenger clares to be valuables within the meaning of this (2) REPLACEMENT MADE BY CREDIT.—When the safety devices. chapter. Secretary decides that any part of the replace- § 17101. Definitions (B) REQUIREMENT FOR DECLARING ARTICLES OR ment can be made, without actual or ultimate THINGS VALUABLE.—The Secretary shall not de- In this chapter, the following definitions injury to the Federal Government, by a credit in clare articles or things that are lost, destroyed, apply: the accounts of the executive department, inde- or damaged in the course of shipment to be pendent establishment, agency, officer, em- (1) FEDERAL GOVERNMENT.—The term ‘‘Fed- valuables unless the Secretary determines that eral Government’’ includes the government of ployee, or other accountable person making the replacement of the articles or things in accord- the District of Columbia. claim, the Secretary shall— ance with the procedure established in this (2) MOTOR VEHICLE.—The term ‘‘motor vehi- (A) certify the decision to the Comptroller chapter would be in the public interest. cle’’ means a vehicle, self-propelled or drawn by General who, on receiving the certification, (4) WHOLLY OWNED GOVERNMENT CORPORA- mechanical power, designed for use on the high- shall make the credit in the settlement of ac- TION.—The term ‘‘wholly owned Government ways principally for the transportation of pas- counts in the General Accounting Office; and corporation’’— sengers, except a vehicle designed or used for (B) use the fund only to the extent that the (A) means any corporation, regardless of the military field training, combat, or tactical pur- replacement cannot be made by the credit. law under which it is incorporated, the capital poses. (c) DECISION OF SECRETARY NOT REVIEW- of which is entirely owned by the Government; ABLE.—The decision of the Secretary that a loss, § 17102. Prohibition on acquisition or pur- and destruction, or damage has occurred or that a chase of motor vehicles by Federal Govern- (B) includes the authorized officers, employ- shipment was made substantially in accordance ment ees, and agents of the corporation. with regulations is final and conclusive and is The Federal Government shall not purchase a § 17302. Compliance not subject to review by any other officer of the motor vehicle for use by the Government unless (a) PRESCRIBING REGULATIONS.—With the ap- Government. that motor vehicle is equipped with reasonable proval of the President, the Secretary of the passenger safety devices that the Administrator § 17305. Replacing lost, destroyed, or dam- Treasury and the United States Postal Service of General Services requires. Those devices shall aged stamps, securities, obligations, or jointly shall prescribe regulations governing the conform with standards the Administrator pre- money shipment of valuables by an executive depart- scribes under section 17103 of this title. Stamps, securities, or other obligations of the ment, independent establishment, agency, whol- Federal Government, or money lost, destroyed, § 17103. Commercial standards for passenger ly owned Government corporation, officer, or safety devices or damaged while in the custody or possession employee of the Federal Government, with a of, or charged to, the United States Postal Serv- The Administrator of General Services shall view to minimizing the risk of loss and destruc- ice while it is acting as agent for, or on behalf prescribe and publish in the Federal Register tion of, and damage to, valuables in shipment. of, the Secretary of the Treasury for the sale of commercial standards for passenger safety de- (b) COMPLIANCE.—Each executive department, the stamps, securities, or obligations and for the vices the Administrator requires under section independent establishment, agency, wholly collection of the money, shall be replaced out of 17102 of this title. Changes in the standards take owned Government corporation, officer, and em- the fund described in section 17303 of this title effect one year and 90 days after the publication ployee of the Government, and each person act- under regulations the Secretary may prescribe, of the standards in the Federal Register. ing for, or at the direction of, the executive de- regardless of how the loss, destruction, or dam- CHAPTER 173—GOVERNMENT LOSSES IN partment, independent establishment, agency, age occurs. SHIPMENT wholly owned Government corporation, officer, or employee, must comply with the regulations § 17306. Agreements of indemnity Sec. when making any shipment of valuables. (a) DEFINITION.—In this section, the term 17301. Definitions. 17302. Compliance. § 17303. Fund for the payment of Government ‘‘Federal Government’’ includes wholly owned 17303. Fund for the payment of Government losses in shipment Government corporations, and officers and employees of the Government or its executive de- losses in shipment. (a) ESTABLISHMENT.—There is a revolving partments, independent establishments, and 17304. Claim for replacement. fund in the Treasury known as ‘‘the fund for agencies while acting in their official capacity. 17305. Replacing lost, destroyed, or damaged the payment of Government losses in shipment’’. (b) AUTHORITY TO MAKE AGREEMENT.—The stamps, securities, obligations, or (b) USE.—The fund shall be used for the re- money. placement of valuables, or the value of Secretary of the Treasury may make and de- 17306. Agreements of indemnity. valuables, lost, destroyed, or damaged while liver, on behalf of the Federal Government, a 17307. Purchase of insurance. being shipped in accordance with regulations binding agreement of indemnity the Secretary 17308. Presumption of lawful conduct. prescribed under section 17302 of this title. considers necessary and proper to enable the Government to obtain the replacement of any 17309. Rules and regulations. (c) UNAVAILABILITY.—The fund is not avail- instrument or document— § 17301. Definitions able with respect to any loss, destruction, or damage affecting valuables— (1) received by the Government or an agent of In this chapter, the following definitions the Government in the agent’s official capacity; apply: (1) that relates to property of the United States Postal Service that is chargeable to its of- and (1) REPLACEMENT.—The term ‘‘replacement’’ (2) which, after having been received, is lost, means payment, reimbursement, replacement, or ficers or employees; or (2) of which shipment shall have been made at destroyed, or so mutilated as to impair its value. duplication or the expenses incident to payment, (c) WHEN FEDERAL GOVERNMENT NOT OBLI- reimbursement, replacement, or duplication. the risk of persons other than the Federal Gov- ernment and the executive departments, inde- GATED.—The Government is not obligated under (2) SHIPMENT.—The term ‘‘shipment’’— an agreement of indemnity if the obligee named (A) means the transportation, or the effecting pendent establishments, agencies, wholly owned Government corporations, officers and employ- in the agreement makes a payment or delivery of transportation, of valuables, without limita- not required by law on the original of the in- tion as to the means or facilities used or by ees of the Government. REDITING OF RECOVERIES AND REPAY- strument or document covered by the agreement. which the transportation is effected or the per- (d) C MENTS.—All recoveries and repayments on ac- (d) USE OF FUND FOR THE PAYMENT OF GOV- son to whom it is made; and count of loss, destruction, or damage to ERNMENT LOSSES IN SHIPMENT.—The fund de- (B) includes shipments made to any executive valuables for which replacement is made out of scribed in section 17303 of this title is available department, independent establishment, agency, the fund shall be credited to it and are available to pay any obligation arising out of an agree- wholly owned or mixed-ownership Government for the purposes of the fund. ment the Secretary makes under this section. corporation, officer, or employee of the Federal (e) APPROPRIATIONS.—Necessary amounts are Government, or any person acting on behalf of, § 17307. Purchase of insurance appropriated for the fund. or at the direction of, the executive department, An executive department, independent estab- independent establishment, agency, wholly or § 17304. Claim for replacement lishment, agency, wholly owned Government partly owned Government corporation, officer, (a) PRESENTATION OF CLAIM.—When valuables corporation, officer, or employee may expend or employee. that have been shipped in accordance with reg- money, or incur an obligation, for insurance, or (3) VALUABLES.— ulations prescribed under section 17302 of this for the payment of premiums on insurance, (A) DEFINITION.—The term ‘‘valuables’’ means title are lost, destroyed, or damaged, a claim in against loss, destruction, or damage in the ship- any articles or things or representatives of writing for replacement shall be made on the ment of valuables only as specifically author- value— Secretary of the Treasury. ized by the Secretary of the Treasury. The Sec- (i) in which the Government, its executive de- (b) DECISION OF THE SECRETARY OF THE retary may give the authorization if the Sec- partments, independent establishments, and TREASURY.— retary finds that the risk of loss, destruction, or agencies, including wholly owned Government (1) REPLACEMENT MADE FROM FUND.—If the damage in the shipment cannot be guarded corporations, and officers and employees of the Secretary is satisfied that the loss, destruction, against adequately by the facilities of the Fed- Government or its executive departments, inde- or damage has occurred and that shipment was eral Government or that adequate replacement pendent establishments, and agencies while act- made substantially in accordance with the regu- cannot be provided under this chapter.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.046 pfrm01 PsN: H11PT1 H3376 CONGRESSIONAL RECORD — HOUSE June 11, 2002 § 17308. Presumption of lawful conduct Services shall prescribe requirements governing nance, leasing, acquisition, and disposal of For purposes of the propriety of an act or the establishment and operation by executive motor vehicles to an amount which is omission related to a shipment to which the reg- agencies of the systems required by subsection $150,000,000 less than the amount for the oper- ulations prescribed under section 17302 of this (a), including requirements with respect to data ation, maintenance, leasing, acquisition, and title apply, every officer and employee of the on the costs and uses of motor vehicles and with disposal of motor vehicles requested by the Federal Government and every individual acting respect to the uniform collection and submission President in the budget submitted under section on behalf of a wholly owned Government cor- of the data. 1105 of title 31 for fiscal year 1986. poration who makes a shipment of valuables in (2) CONFORMITY WITH PRINCIPLES AND STAND- (b) MONITORING OF COMPLIANCE.—The Direc- good faith under, and substantially in accord- ARDS.—Requirements prescribed under this sector of the Office of Management and Budget ance with, the regulations is deemed to be acting tion shall conform to accounting principles and shall monitor compliance by executive agencies in the faithful execution of the officer’s, employ- standards issued by the Comptroller General. with the goals established by the President ee’s, or individual’s duties of office and in full Each executive agency shall comply with those under subsection (a) and shall include, in each performance of any conditions of the officer’s, requirements. summary and analysis required under section employee’s, or individual’s bond and oath of of- § 17504. Agency statements with respect to 17505 of this title, a statement specifying the re- fice. motor vehicle use ductions in expenditures by executive agencies, including the Department of Defense, achieved § 17309. Rules and regulations (a) CONTENTS OF STATEMENT.—The head of under those goals. (a) GENERAL AUTHORITY.—With the approval each executive agency shall include with the ap- of the President, the Secretary of the Treasury propriation request the agency submits under § 17508. Compliance may prescribe regulations necessary to carry out section 1108 of title 31 for each fiscal year, a (a) ADMINISTRATOR OF GENERAL SERVICES.— the duties and powers vested in the Secretary statement— The Administrator of General Services shall under this chapter. (1) specifying— comply with and be subject to this chapter with (A) the total motor vehicle acquisition, main- (b) PROVIDING INFORMATION.—To carry out regard to all motor vehicles that are used within subsection (a), the Secretary may require a per- tenance, leasing, operation, and disposal costs the General Services Administration for official son making a shipment of valuables or a claim (including obligations and outlays) the agency purposes. incurred in the most recently completed fiscal for replacement to make a declaration or to pro- (b) MANAGERS OF OTHER MOTOR POOLS.—This vide other information the Secretary considers year; and chapter with respect to motor vehicles from the (B) an estimate of those costs for the fiscal necessary. Interagency Fleet Management System shall be year in which the request is submitted and for complied with by the executive agencies to CHAPTER 175—FEDERAL MOTOR VEHICLE the succeeding fiscal year; and which such motor vehicles are assigned. EXPENDITURE CONTROL (2) justifying why the existing and any new Sec. motor vehicle acquisition, maintenance, leasing, § 17509. Applicability 17501. Definitions. operation, and disposal requirements of the (a) PRIORITY IN REDUCING HEADQUARTERS 17502. Monitoring system. agency cannot be met through the Interagency USE.—The heads of executive agencies shall give 17503. Data collection. Fleet Management System the Administrator of first priority to meeting the goals established by 17504. Agency statements with respect to motor General Services operates, a qualified private the President under section 17507(a) of this title vehicle use. fleet management firm, or any other method by reducing the costs of administrative motor ve- 17505. Presidential report. which is less costly to the Federal Government. hicles used at the headquarters and regional 17506. Reduction of storage and disposal costs. (b) COMPLIANCE WITH REQUIREMENTS.—The headquarters of executive agencies, rather than 17507. Savings. head of each executive agency shall comply with by reducing the costs of motor vehicles used by 17508. Compliance. the requirements prescribed under section line agency personnel working in agency field 17509. Applicability. 17503(b) of this title in preparing each statement operations or activities. 17510. Cooperation. required under subsection (a). (b) REGULATIONS, STANDARDS, AND DEFINI- § 17501. Definitions § 17505. Presidential report TIONS.—The President shall require the Admin- In this chapter, the following definitions (a) SUMMARY AND ANALYSIS OF AGENCY istrator of General Services, in cooperation with apply: STATEMENTS.—The President shall include with the Director of the Office of Management and (1) EXECUTIVE AGENCY.—The term ‘‘executive the budget transmitted under section 1105 of Budget, to prescribe appropriate regulations, agency’’— title 31 for each fiscal year, or in a separate standards, and definitions to ensure that execu- (A) means an executive agency (as that term written report to Congress for that fiscal year, a tive agencies meet the goals established under is defined in section 105 of title 5) that operates summary and analysis of the statements most section 17507(a) of this title in the manner pre- at least 300 motor vehicles; but recently submitted by the heads of executive scribed by subsection (a). (B) does not include the Tennessee Valley Au- agencies pursuant to section 17504(a) of this § 17510. Cooperation thority. title. The Director of the Office of Management and (2) MOTOR VEHICLE.—The term ‘‘motor vehi- (b) CONTENTS OF SUMMARY AND ANALYSIS.— Budget and the Administrator of General Serv- cle’’ means— Each summary and analysis shall include a re- ices shall cooperate closely in the implementa- (A) a vehicle self-propelled or drawn by me- view, for the fiscal year preceding the fiscal tion of this chapter. chanical power; but not year in which the budget is submitted, the cur- (B) a vehicle designed or used for military rent fiscal year, and the fiscal year for which CHAPTER 177—ALASKA COMMUNICATIONS field training, combat, or tactical purposes, or the budget is submitted, of the cost savings that DISPOSAL any other special purpose vehicle exempted from have been achieved, that are estimated will be Sec. the requirements of this chapter by the Adminis- achieved, and that could be achieved, in the ac- 17701. Definitions. trator of General Services. quisition, maintenance, leasing, operation, and 17702. Transfer of Government-owned long- § 17502. Monitoring system disposal of motor vehicles by executive agencies lines communication facilities in The head of each executive agency shall des- through— and to Alaska. ignate one office, officer, or employee of the (1) the use of a qualified private fleet manage- 17703. National defense considerations and agency— ment firm or another private contractor; qualification of transferee. (1) to establish and operate a central moni- (2) increased reliance by executive agencies on 17704. Contents of agreements for transfer. toring system for the motor vehicle operations of the Interagency Fleet Management System the 17705. Approval of Federal Communications the agency, related activities, and related re- Administrator of General Services operates; or Commission. porting requirements; and (3) other existing motor vehicle management 17706. Gross proceeds as miscellaneous receipts (2) provide oversight of those operations, ac- systems. in the Treasury. tivities, and requirements. § 17506. Reduction of storage and disposal 17707. Reports. § 17503. Data collection costs 17708. Nonapplication. The Administrator of General Services shall (a) COST IDENTIFICATION AND ANALYSIS.—The § 17701. Definitions take such actions as may be necessary to reduce head of each executive agency shall develop a In this chapter, the following definitions motor vehicle storage and disposal costs and to system to identify, collect, and analyze data apply: improve the rate of return on motor vehicle sales with respect to all costs (including obligations (1) AGENCY CONCERNED.—The term ‘‘agency through a program of vehicle reconditioning and outlays) the agency incurs in the operation, concerned’’ means a department, agency, wholly prior to sale. maintenance, acquisition, and disposition of owned corporation, or instrumentality of the motor vehicles, including vehicles owned or § 17507. Savings Federal Government. leased by the Federal Government and privately (a) ACTIONS BY PRESIDENT REQUIRED.—The (2) LONG-LINES COMMUNICATION FACILITIES.— owned vehicles used for official purposes. President shall establish, for each executive The term ‘‘long-lines communication facilities’’ (b) REQUIREMENTS FOR DATA SYSTEMS.— agency, goals to reduce outlays for the oper- means the transmission systems connecting (1) SCOPE OF REQUIREMENTS.—In cooperation ation, maintenance, leasing, acquisition, and points inside the State with each other and with with the Comptroller General of the United disposal of motor vehicles in order to reduce, by points outside the State by radio or wire, and States and the Director of the Office of Manage- fiscal year 1988, the total amount of outlays by includes all kinds of property and rights of way ment and Budget, the Administrator of General all executive agencies for the operation, mainte- necessary to accomplish this interconnection.

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(3) TRANSFER.—The term ‘‘transfer’’ means § 17703. National defense considerations and energy’’ means any electric power generated by the conveyance by the Government of any ele- qualification of transferee an electric generating facility owned and oper- ment of ownership, including any estate or in- A transfer under this chapter shall not be ated by a federal agency. terest in property, and franchise rights, by sale, made unless the Secretary of Defense determines (3) NON-FEDERAL PERSON.—The term ‘‘non- exchange, lease, easement, or permit, for cash, that— federal person’’ means a corporation, coopera- credit, or other property with or without war- (1) the Federal Government does not need to tive, municipality, or other non-federal entity ranty. retain the property involved in the transfer for that generates electric energy through a facility § 17702. Transfer of Government-owned long- national defense purposes; other than a federally owned electric generating lines communication facilities in and to (2) the transfer is in the public interest; facility. Alaska (3) the person to whom the transfer is made is § 17902. Sale of electric energy prepared and qualified to provide the commu- (a) IN GENERAL.— (a) IN GENERAL.—To conserve oil and natural nication service involved in the transfer without (1) AUTHORITY OF THE SECRETARY OF DE- gas and better utilize coal, the head of a federal interruption; and FENSE.— agency may sell, or enter into a contract to sell, (4) the long-lines communication facilities will to any non-federal person electric energy gen- (A) REQUIREMENTS PRIOR TO TRANSFER.—Sub- not directly or indirectly be owned, operated, or ject to section 17703 of this title and with the ad- erated by coal-fired electric generating facilities controlled by a person that would legally be dis- of that agency in Alaska without regard to any vice, assistance, and, in the case of an agency qualified from holding a radio station license by not under the jurisdiction of the Secretary of provision of law that precludes the sale when section 310(a) of the Communications Act of 1934 the electric energy to be sold is available from Defense, the consent of the agency concerned, (47 U.S.C. 310(a)). and after approval of the President, the Sec- other local sources, if the head of the federal retary of Defense shall transfer for adequate § 17704. Contents of agreements for transfer agency determines that— consideration any or all long-lines communica- An agreement by which a transfer is made (1) the electric energy to be sold is generated tion facilities in or to Alaska under the jurisdic- under this chapter shall provide that— by an existing coal-fired generating facility; tion of the Federal Government to any person (1) subject to regulations of the Federal Com- (2) the electric energy to be sold is surplus to qualifying under section 17703. munications Commission and of any body or the federal agency’s needs and is in excess of (B) AUTHORITY TO CARRY OUT CHAPTER.—The commission established by Alaska to govern and the electric energy specifically generated for Secretary of Defense may take action and exer- regulate communications services to the public consumption by, or necessary to serve the re- cise powers as may be necessary or appropriate and all applicable statutes, treaties, and con- quirements of, another federal agency; to carry out the purposes of this chapter. ventions, the person to whom the transfer is (3) the cost to the ultimate consumers of the electric energy to be sold is less than the cost (2) CONSENT OF SECRETARY CONCERNED.—An made shall provide the communication services interest in public lands, withdrawn or otherwise involved in the transfer without interruption, that, in the absence of the sale, would be in- appropriated, shall not be transferred under this except those services reserved by the Federal curred by those consumers for the purchase of chapter without the prior consent of the Sec- Government in the transfer; an equivalent amount of energy; and retary of the Interior, or, with respect to lands (2) the rates and charges for those services ap- (4) the sale will reduce the total consumption in a national forest, of the Secretary of Agri- plicable at the time of transfer shall not be of oil or natural gas by the non-federal person culture. changed for a period of one year from the date purchasing the electric energy below the level of consumption that would occur in the absence of (3) PROCEDURES AND METHODS.—The Sec- of the transfer unless approved by a govern- the sale. retary of Defense shall carry out a transfer mental body or commission having jurisdiction; (b) PRICING POLICIES.—Federally generated under this chapter in accordance with the pro- and electric energy sold by the head of a federal cedures and methods required of the Adminis- (3) the transfer will not be final until the agency under subsection (a) shall be priced to trator of General Services by section 545(a) and transferee receives the requisite license and cer- recover the fuel and variable operation and (b) of this title. tificate of convenience and necessity to operate interstate and intrastate commercial commu- maintenance costs of the facility generating the (b) DOCUMENTS OF TITLE OR OTHER PROPERTY nications in Alaska from the appropriate gov- energy that are attributable to that sale, plus an INTERESTS.—The head of the agency concerned amount equal to one-half the difference (or a designee of the head) shall execute docu- ernmental regulatory bodies. between— ments for the transfer of title or other interest in § 17705. Approval of Federal Communications (1) the costs of producing the electric energy property, except any mineral rights in the prop- Commission by coal generation; and erty, and take other action that the Secretary of A transfer under this chapter does not require (2) the costs of producing electric energy by Defense decides is necessary or proper to trans- the approval of the Federal Communications the oil or gas generation being displaced. fer the property under this chapter. A copy of a Commission except to the extent that the ap- deed, lease, or other instrument executed by or proval of the Commission is necessary under sec- § 17903. Purchase of electric power on behalf of the head of the agency concerned tion 17704(3) of this title. For purposes of economy, efficiency, and conserving oil and natural gas, the head of a fed- purporting to transfer title or another interest in § 17706. Gross proceeds as miscellaneous re- eral agency, when practicable and consistent public land shall be provided to the Secretary of ceipts in the Treasury the Interior. with other laws and requirements applicable to The gross proceeds of each transfer shall be (c) SOLICITATION OF OFFERS TO PURCHASE that agency, shall endeavor to purchase electric deposited in the Treasury as miscellaneous re- CERTAIN FACILITIES.—In connection with solic- energy from a non-federal person for consump- ceipts. iting offers to purchase long-lines facilities of tion in Alaska by a facility of that agency when the Alaska Communication System, the Sec- § 17707. Reports (taking into account the remaining useful life of retary of Defense shall— The Secretary of Defense shall report to the any facility available to that agency to generate (1) provide any prospective purchaser who re- Congress and the President— electric energy for that agency and the cost of quests it data on— (1) in January of each year, the actions taken maintaining the facility on a standby basis) the (A) the facilities available for purchase; under this chapter during the preceding 12 purchase will result in— (B) the amounts considered to be the current months; and (1) a savings to other consumers of electric en- fair and reasonable value of those facilities; and (2) not later than 90 days after completion of ergy sold by that non-federal person without in- (C) the initial rates that will be charged to the each transfer under this chapter, a full account creasing the cost incurred by any federal agency purchaser for capacity in facilities retained by of that transfer. for electric energy; or the Government and available for commercial § 17708. Nonapplication (2) a cost savings to the federal agency pur- use; chasing the electric energy without increasing This chapter does not modify in any manner costs to other consumers of electric energy. (2) provide in the request for offers to pur- the Communications Act of 1934 (47 U.S.C. 151 et chase that offerors must specify the rates the seq.). § 17904. Implementation powers and limita- offerors propose to charge for service and the tions CHAPTER 179—ALASKA FEDERAL-CIVILIAN improvements in service the offerors propose to ENERGY EFFICIENCY SWAP (a) ACCOMMODATION OF NEEDS FOR ELECTRIC initiate; ENERGY.—This chapter does not require or au- (3) provide an opportunity for prospective Sec. thorize a federal agency to construct a new elec- purchasers to meet as a group with Department 17901. Definitions. tric generating facility or related facility, to of Defense representatives to ensure that the 17902. Sale of electric energy. modify an existing facility, or to employ reserve 17903. Purchase of electric power. data and public interest requirements described or standby equipment to accommodate the needs 17904. Implementation powers and limitations. in clauses (1) and (2) are fully understood; and of a non-federal person for electric energy. (4) seek the advice and assistance of the Fed- § 17901. Definitions (b) AVAILABILITY OF REVENUE FROM SALES.— eral Communications Commission and the Gov- In this chapter, the following definitions Revenue received by a federal agency pursuant ernor of Alaska (or a designee of the Governor) apply: to section 17902 of this title from the sale of elec- to ensure consideration of all public interest fac- (1) FEDERAL AGENCY.—The term ‘‘federal tric energy generated from a facility of that tors associated with the transfer. agency’’ means a department, agency, or instru- agency is available to the agency without fiscal (d) APPLICABILITY OF ANTITRUST PROVI- mentality of the Federal Government. year limitation to purchase fuel and for oper- SIONS.—The requirements of section 559 of this (2) FEDERALLY GENERATED ELECTRIC EN- ation, maintenance, and other costs associated title apply to transfers under this chapter. ERGY.—The term ‘‘federally generated electric with that facility.

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(c) EXERCISE OF AUTHORITIES.—The authority resentatives and the Senate may obtain TTY’s § 18303. Standards for arbitrators under this chapter shall be exercised for those for use in communicating with hearing-impaired (a) DEFINITION.—In this section, the term periods and pursuant to terms and conditions and speech-impaired individuals, and for the ‘‘public welfare’’ includes, with respect to arbi- that the head of the federal agency concerned use of hearing-impaired and speech-impaired tration under an interstate compact— decides are necessary consistent with— employees. (1) the financial ability of the individual ju- (1) this chapter; and CHAPTER 183—NATIONAL CAPITAL AREA risdictions participating in the compact to pay (2) responsibilities of the head of the federal INTEREST ARBITRATION STANDARDS for the costs of providing public transit services; agency under other law. and (d) NEGOTIATION AND EXECUTION OF CON- Sec. TRACTS AND OTHER AGREEMENTS.—A contract or 18301. Findings and purposes. (2) the average per capita tax burden, during other agreement executed under this chapter 18302. Definitions. the term of the collective bargaining agreement shall be negotiated and executed by the head of 18303. Standards for arbitrators. to which the arbitration relates, of the residents 18304. Procedures for enforcement of awards. the federal agency selling or purchasing electric of the Washington metropolitan area, and the energy under this chapter. § 18301. Findings and purposes effect of an arbitration award rendered under that arbitration on the respective income or CHAPTER 181—TELECOMMUNICATIONS (a) FINDINGS.—Congress finds that— property tax rates of the jurisdictions that pro- ACCESSIBILITY FOR HEARING-IMPAIRED (1) affordable public transportation is essen- vide subsidy payments to the interstate compact AND SPEECH-IMPAIRED INDIVIDUALS tial to the economic vitality of the national cap- agency established under the compact. Sec. ital area and is an essential component of re- (b) FACTORS IN MAKING ARBITRATION 18101. Definitions. gional efforts to improve air quality to meet en- 18102. Federal telecommunications system. vironmental requirements and to improve the AWARD.—An arbitrator rendering an arbitration 18103. Research and development. health of both residents of and visitors to the award involving the employees of an interstate 18104. TTY installation by Congress. national capital area as well as to preserve the compact agency operating in the national cap- § 18101. Definitions beauty and dignity of the Nation’s capital; ital area may not make a finding or a decision for inclusion in a collective bargaining agree- In this chapter— (2) use of mass transit by both residents of ment governing conditions of employment with- (1) FEDERAL AGENCY.—The term ‘‘federal and visitors to the national capital area is sub- agency’’ has the same meaning given that term stantially affected by the prices charged for out considering the following factors: in section 102 of this title. mass transit services, prices that are substan- (1) The existing terms and conditions of em- (2) TTY.—The term ‘‘TTY’’ means a text-tele- tially affected by labor costs, since more than ployment of the employees in the bargaining phone used in the transmission of coded signals two-thirds of operating costs are attributable to unit. through the nationwide telecommunications sys- labor costs; (2) All available financial resources of the tem. (3) labor costs incurred in providing mass interstate compact agency. § 18102. Federal telecommunications system transit in the national capital area have in- (3) The annual increase or decrease in con- creased at an alarming rate and wages and ben- sumer prices for goods and services as reflected (a) REGULATIONS TO ENSURE ACCESSIBILITY.— in the most recent consumer price index for the The Administrator of General Services, after efits of operators and mechanics currently are Washington metropolitan area, published by the consultation with the Architectural and Trans- among the highest in the Nation; (4) higher operating costs incurred for public Bureau of Labor Statistics. portation Barriers Compliance Board, the Inter- transit in the national capital area cannot be (4) The wages, benefits, and terms and condi- agency Committee on Computer Support of tions of the employment of other employees who Handicapped Employees, the Federal Commu- offset by increasing costs to patrons, since this perform, in other jurisdictions in the Wash- nications Commission, and affected federal often discourages ridership and thus under- ington standard metropolitan statistical area, agencies, shall prescribe regulations to ensure mines the public interest in promoting the use of that the federal telecommunications system is public transit; services similar to those in the bargaining unit. fully accessible to hearing-impaired and speech- (5) spiraling labor costs cannot be offset by (5) The special nature of the work performed impaired individuals, including federal employ- the governmental entities that are responsible by the employees in the bargaining unit, includ- ees, for communications with and within federal for subsidy payments for public transit services ing any hazards or the relative ease of employ- agencies. since local governments generally, and the Dis- ment, physical requirements, educational quali- (b) FEDERAL RELAY SYSTEM.—The Adminis- trict of Columbia government in particular, are fications, job training and skills, shift assign- trator shall provide for the continuation of the operating under severe fiscal constraints; ments, and the demands placed upon the em- existing federal relay system for users of TTY’s. (6) imposition of mandatory standards appli- ployees as compared to other employees of the (c) DIRECTORY.—The Administrator shall as- cable to arbitrators resolving arbitration dis- interstate compact agency. semble, publish, and maintain a directory of putes involving interstate compact agencies op- (6) The interests and welfare of the employees TTY’s and other devices used by federal agen- erating in the national capital area will ensure in the bargaining unit, including— cies to comply with regulations prescribed under that wage increases are justified and do not ex- (A) the overall compensation presently re- subsection (a). ceed the ability of transit patrons and taxpayers ceived by the employees, having regard not only (d) PUBLICATION OF ACCESS NUMBERS.—The to fund the increase; and for wage rates but also for wages for time not Administrator shall publish access numbers of (7) federal legislation is necessary under sec- worked, including vacations, holidays, and TTY’s and such other devices in federal agency tion 8 of Article I of the United States Constitu- other excused absences; directories. tion to balance the need to moderate and lower (B) all benefits received by the employees, in- (e) LOGO.—After consultation with the Board, labor costs while maintaining industrial peace. cluding previous bonuses, insurance, and pen- the Administrator shall adopt the design of a (b) PURPOSE.—The purpose of this chapter is sions; and standard logo to signify the presence of a TTY to adopt standards governing arbitration that (C) the continuity and stability of employ- or other device used by a federal agency to com- must be applied by arbitrators resolving disputes ment. ply with regulations prescribed under subsection involving interstate compact agencies operating (7) The public welfare. (a). in the national capital area in order to lower (c) ABILITY TO FINANCE SALARIES AND BENE- § 18103. Research and development operating costs for public transportation in the FITS PROVIDED IN AWARD.—An arbitrator ren- (a) SUPPORT FOR RESEARCH.—The Adminis- Washington metropolitan area. dering an arbitration award involving the em- trator of General Services, in consultation with § 18302. Definitions ployees of an interstate compact agency oper- the Federal Communications Commission, shall In this chapter, the following definitions ating in the national capital area may not, with seek to promote research by federal agencies, apply: respect to a collective bargaining agreement gov- state agencies, and private entities to reduce the (1) ARBITRATION.—The term ‘‘arbitration’’— erning conditions of employment, provide for cost and improve the capabilities of tele- (A) means the arbitration of disputes, regard- salaries and other benefits that exceed the abil- communications devices and systems that pro- ing the terms and conditions of employment, ity of the interstate compact agency, or of any vide accessibility to hearing-impaired and that is required under an interstate compact governmental jurisdiction that provides subsidy speech-impaired individuals. governing an interstate compact agency oper- payments or budgetary assistance to the inter- (b) PLANNING TO ASSIMILATE TECHNOLOGICAL ating in the national capital area; but state compact agency, to obtain the necessary fi- DEVELOPMENTS.—In planning future alterations (B) does not include the interpretation and nancial resources to pay for wage and benefit to and modifications of the federal telecommuni- application of rights arising from an existing increases for employees of the interstate compact cations system, the Administrator shall take into collective bargaining agreement. agency. account— (2) ARBITRATOR.—The term ‘‘arbitrator’’ refers (d) REQUIREMENTS FOR FINAL AWARD.— (1) modifications that the Administrator deter- to either a single arbitrator, or a board of arbi- (1) WRITTEN AWARD.—In resolving a dispute mines are necessary to achieve the objectives of trators, chosen under applicable procedures. submitted to arbitration involving the employees section 18102(a) of this title; and (3) INTERSTATE COMPACT AGENCY OPERATING of an interstate compact agency operating in the (2) technological improvements in tele- IN THE NATIONAL CAPITAL AREA.—The term national capital area, the arbitrator shall issue communications devices and systems that pro- ‘‘interstate compact agency operating in the na- a written award that demonstrates that all the vide accessibility to hearing-impaired and tional capital area’’ means any interstate com- factors set forth in subsections (b) and (c) have speech-impaired individuals. pact agency that provides public transit services been considered and applied. § 18104. TTY installation by Congress and that was established by an interstate com- (2) PREREQUISITES.—An award may grant an Each House of Congress shall establish a pol- pact to which the District of Columbia is a sig- increase in pay rates or benefits (including in- icy under which Members of the House of Rep- natory. surance and pension benefits), or reduce hours

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.047 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3379 of work, only if the arbitrator concludes that (1) In section 2223— (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- any costs to the agency do not adversely affect (A) in subsection (a), strike ‘‘section 5125 of stitute ‘‘(41 U.S.C. 251 et seq.)’’; and the public welfare. the Clinger-Cohen Act of 1996 (40 U.S.C. 1425)’’ (B) strike subsection (e)(5) and substitute— (3) SUBSTANTIAL EVIDENCE.—The arbitrator’s and substitute ‘‘section 11315 of title 40’’; ‘‘(5) Chapter 5 of title 40.’’. conclusion regarding the public welfare must be (B) in subsection (b), strike ‘‘section 5125 of (17) In section 2701(i)(1)— supported by substantial evidence. the Clinger-Cohen Act of 1996 (40 U.S.C. 1425)’’ (A) strike ‘‘the Miller Act (40 U.S.C. 270a et and substitute ‘‘section 11315 of title 40’’; seq.)’’ and substitute ‘‘sections 3131 and 3133 of § 18304. Procedures for enforcement of title 40’’; awards (C) in subsection (c)(2), strike ‘‘section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401)’’ (B) strike ‘‘the Act of April 29, 1941 (40 U.S.C. (a) MODIFICATIONS AND FINALITY OF and substitute ‘‘section 11101 of title 40’’; and 270e–270f)’’ and substitute ‘‘section 3134 of title AWARD.—Within 10 days after the parties re- (D) in subsection (c)(3), strike ‘‘section 5142 of 40’’; and ceive an arbitration award to which section the Clinger-Cohen Act of 1996 (40 U.S.C. 1452)’’ (C) strike ‘‘the Miller Act’’ and substitute 18303 of this title applies, the interstate compact and substitute ‘‘section 11103 of title 40’’. ‘‘sections 3131 and 3133’’. (18) In section 2814(j)(3), strike ‘‘Sections 202 agency and the employees, through their rep- (2) In section 2302(2)(A), strike ‘‘title IX of the and 203 of the Federal Property and Adminis- resentative, may agree in writing on any modi- Federal Property and Administrative Services trative Services Act of 1949 (40 U.S.C. 483, 484)’’ fications to the award. After the end of that 10- Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub- and substitute ‘‘Subchapter II of chapter 5 and day period, the award, and any modifications, stitute ‘‘chapter 11 of title 40’’. sections 541–555 of title 40’’. become binding on the interstate compact agen- (3) In section 2304(h)— (19) In section 2831(b)(3), strike ‘‘section 204(b) cy, the employees in the bargaining unit, and (A) before clause (1), strike ‘‘laws’’; and of the Federal Property and Administrative the employees’ representative. (B) strike clause (2) and substitute ‘‘(2) Sec- Services Act of 1949 (40 U.S.C. 485(b))’’ and sub- (b) IMPLEMENTATION.—Each party to an tions 3141–3144, 3146, and 3147 of title 40.’’. stitute ‘‘section 572(a) of title 40’’. award that becomes binding under subsection (4) In section 2305a(a), strike ‘‘the Brooks Ar- (20) In section 2852(b)(1), strike ‘‘section 355 of (a) shall take all actions necessary to implement chitect-Engineers Act (40 U.S.C. 541 et seq.)’’ the Revised Statutes (40 U.S.C. 255)’’ and sub- the award. and substitute ‘‘chapter 11 of title 40’’. stitute ‘‘section 3111 of title 40’’. (c) JUDICIAL REVIEW.—Within 60 days after an (5) In section 2315(a), strike ‘‘division E of the award becomes binding under subsection (a), (21) In section 2854a(d)(1)— Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et (A) strike ‘‘The’’ and substitute ‘‘Subtitle I of the interstate compact agency or the exclusive seq.)’’ and substitute ‘‘subtitle III of title 40’’. representative of the employees concerned may title 40 and title III of the’’; and (6) In section 2381(c)— (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- bring a civil action in a court that has jurisdic- (A) strike ‘‘section 205 of the Federal Property stitute ‘‘(41 U.S.C. 251 et seq.)’’. tion over the interstate compact agency for re- and Administrative Services Act of 1949 (40 (22) In subsection 2855(a), strike ‘‘title IX of view of the award. The court shall review the U.S.C. 486)’’ and substitute ‘‘section 121 of title the Federal Property and Administrative Serv- award on the record, and shall vacate the 40’’; and ices Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub- award or any part of the award, after notice (B) strike ‘‘section 201(a) of that Act (40 stitute ‘‘chapter 11 of title 40’’. and a hearing, if— U.S.C. 481(a))’’ and substitute ‘‘section 501(a)(2) (23) In section 2878(d)— (1) the award is in violation of applicable law; of title 40’’. (A) in clause (2)— (2) the arbitrator exceeded the arbitrator’s (7) In section 2535(b)(1)(G), strike ‘‘title II of (i) strike ‘‘The’’ and substitute ‘‘Subtitle I of powers; the Federal Property and Administrative Serv- title 40 and title III of the’’; and (3) the decision by the arbitrator is arbitrary ices Act of 1949 (40 U.S.C. 481 et seq.)’’ and sub- (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- or capricious; stitute ‘‘chapter 5 of title 40’’. stitute ‘‘(41 U.S.C. 251 et seq.)’’; and (4) the arbitrator conducted the hearing con- (8) In subsection 2562(a)(1)— (B) strike clause (3) and substitute— trary to the provisions of this chapter or other (A) insert ‘‘subtitle I of title 40 and title III ‘‘(3) Section 1302 of title 40.’’. laws or rules that apply to the arbitration so as of’’ before ‘‘the Federal’’; and (24) In section 4681, strike ‘‘section 205 of the to substantially prejudice the rights of a party; (B) strike ‘‘(40 U.S.C. 472 et seq.)’’ and sub- Federal Property and Administrative Services (5) there was partiality or misconduct by the stitute ‘‘(41 U.S.C. 251 et seq.)’’. Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- arbitrator prejudicing the rights of a party; (9) In section 2572(d)(1), strike ‘‘section 205 of tion 121 of title 40’’. (6) the award was procured by corruption, the Federal Property and Administrative Serv- (25) In section 4682, strike ‘‘section 205 of the fraud, or bias on the part of the arbitrator; or ices Act of 1949 (40 U.S.C. 486)’’ and substitute Federal Property and Administrative Services (7) the arbitrator did not comply with the pro- ‘‘section 121 of title 40’’. Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- visions of section 18303 of this title. (10) In section 2576(a)— tion 121 of title 40’’. (26) In section 4684, strike ‘‘section 205 of the SEC. 2. TRANSFER OF MATERIAL AND EQUIPMENT (A) insert ‘‘subtitle I of title 40 and title III TO THE ARCHITECT OF THE CAP- of’’ before ‘‘the Federal’’; and Federal Property and Administrative Services ITOL. (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- Chapter 443 of title 10, United States Code, is stitute ‘‘(41 U.S.C. 251 et seq.)’’. tion 121 of title 40’’. (27) In section 4686, strike ‘‘section 205 of the amended as follows: (11) In section 2577(a)(2), strike ‘‘section 203 of Federal Property and Administrative Services (1) Insert immediately after section 4688 the the Federal Property and Administrative Serv- Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- following new section: ices Act of 1949 (40 U.S.C. 484)’’ and substitute tion 121 of title 40’’. ‘‘sections 541–555 of title 40’’. ‘‘§ 4689. Transfer of material and equipment (28) In section 7305(d)— to the Architect of the Capitol (12) In section 2667— (A) insert ‘‘subtitle I of title 40 and title III ‘‘The Secretary of the Army is authorized to (A) in subsection (a)(2), strike ‘‘section 3 of of’’ before ‘‘the Federal’’; transfer, without payment, to the Architect of the Federal Property and Administrative Serv- (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- the Capitol, such material and equipment, not ices Act of 1949 (40 U.S.C. 472)’’ and substitute stitute ‘‘(41 U.S.C. 251 et seq.)’’; and required by the Department of the Army, as the ‘‘section 102 of title 40’’; (C) strike ‘‘that Act’’ and substitute ‘‘subtitle Architect may request for use at the Capitol (B) in subsection (b)(5), strike ‘‘section 321 of I of title 40 and title III’’. power plant, the Capitol Building, and the Sen- the Act of June 30, 1932 (40 U.S.C. 303b)’’ and (29) In section 7306(a), strike ‘‘subsections (c) ate and House Office Buildings.’’. substitute ‘‘section 1302 of title 40’’; and and (d) of section 602 of the Federal Property (2) Insert immediately below item 4688 in the (C) in subsection (f)(1)— and Administrative Services Act of 1949 (40 analysis of the chapter the following new item: (i) insert ‘‘subtitle I of title 40 and title III of’’ U.S.C. 474)’’ and substitute ‘‘section 113 of title before ‘‘the Federal’’; and ‘‘4689. Transfer of material and equipment to 40’’. (ii) strike ‘‘such Act is’’ and substitute ‘‘sub- (30) In section 7422(c)(1), strike ‘‘the Act of the Architect of the Capitol.’’. title I and title III are’’. February 26, 1931 (40 U.S.C. 258a–258e)’’ and SEC. 3. CONFORMING CROSS-REFERENCES. (13) In section 2667a(a)(3), strike ‘‘section 3 of substitute ‘‘sections 3114–3116 and 3118 of title (a) TITLE 5.—Title 5, United States Code, is the Federal Property and Administrative Serv- 40’’. amended as follows: ices Act of 1949 (40 U.S.C. 472)’’ and substitute (31) In section 7541, strike ‘‘section 205 of the (1) In section 7342(e)(1)— ‘‘section 102 of title 40’’. Federal Property and Administrative Services (A) insert ‘‘subtitle I of title 40 and title III (14) In section 2676(a)— Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- of’’ before ‘‘the Federal’’; and (A) insert ‘‘subtitle I of title 40 and title III tion 121 of title 40’’. (B) insert ‘‘(41 U.S.C. 251 et seq.)’’ after ‘‘of of’’ before ‘‘the Federal’’; and (32) In section 7541a, strike ‘‘section 205 of the 1949’’. (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- Federal Property and Administrative Services (2) In section 9505(b), strike ‘‘division E of the stitute ‘‘41 U.S.C. 251 et seq.)’’. Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- Clinger-Cohen Act of 1996 (Public Law 104–106; (15) In section 2691(b)— tion 121 of title 40’’. 110 Stat. 679)’’ and substitute ‘‘subtitle III of (A) insert ‘‘subtitle I of title 40 and title III (33) In section 7542(a), strike ‘‘section 205 of title 40’’. of’’ before ‘‘the Federal’’; and the Federal Property and Administrative Serv- (3) In section 9508(a)(2)(A), strike ‘‘division E (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- ices Act of 1949 (40 U.S.C. 486)’’ and substitute of the Clinger-Cohen Act of 1996 (Public Law stitute ‘‘(41 U.S.C. 251 et seq.)’’. ‘‘section 121 of title 40’’. 104–106; 110 Stat. 679)’’ and substitute ‘‘subtitle (16) In section 2696— (34) In section 7545(a), strike ‘‘section 205 of III of title 40’’. (A) in subsection (a)— the Federal Property and Administrative Serv- (b) TITLE 10.—Title 10, United States Code, is (i) insert ‘‘subtitle I of title 40 and title III of’’ ices Act of 1949 (40 U.S.C. 486)’’ and substitute amended as follows: before ‘‘the Federal’’; and ‘‘section 121 of title 40’’.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.048 pfrm01 PsN: H11PT1 H3380 CONGRESSIONAL RECORD — HOUSE June 11, 2002 (35) In section 9444(b)(1)— enue Code of 1986 (26 U.S.C. 7608(c)(1)(A)(i)(IV)) (2) In section 220314(b), strike ‘‘section 451 of (A) insert ‘‘subtitle I of title 40 and title III is amended by striking ‘‘section 34 of title 40, the Legislative Reorganization Act of 1970 (40 of’’ before ‘‘the Federal’’; and United States Code’’ and substituting ‘‘section U.S.C. 193m–1)’’ and substitute ‘‘section 5108 of (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- 8141 of title 40’’. title 40’’. stitute ‘‘(41 U.S.C. 251 et seq.)’’. (g) TITLE 28.—Title 28, United States Code, is (j) TITLE 38.—Title 38, United States Code, is (36) In section 9681, strike ‘‘section 205 of the amended as follows: amended as follows: Federal Property and Administrative Services (1) In section 604(g)(3)(B), strike ‘‘section 203 (1) In section 115(1), strike ‘‘section 355 of the Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- of the Federal Property and Administrative Revised Statutes (40 U.S.C. 255)’’ and substitute tion 121 of title 40’’. Services Act of 1949 (40 U.S.C. 484)’’ and sub- ‘‘section 3111 of title 40’’. (37) In section 9682, strike ‘‘section 205 of the stitute ‘‘sections 541–555 of title 40’’. (2) In section 310(b), strike ‘‘division E of the Federal Property and Administrative Services (2) In section 612(f), strike ‘‘section 201 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- Federal Property and Administrative Services seq.)’’ and substitute ‘‘subtitle III of title 40’’. tion 121 of title 40’’. Act of 1949 (40 U.S.C. 481)’’ and substitute ‘‘sec- (3) In section 8122(a)(1), strike ‘‘section 321 of (38) In section 9684, strike ‘‘section 205 of the tions 501–505 of title 40’’. the Act of June 30, 1932 (40 U.S.C. 303b)’’ and Federal Property and Administrative Services (3) In section 1499, strike ‘‘section 104 of the substitute ‘‘section 1302 of title 40’’. Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- Contract Work Hours and Safety Standards (4) In section 8135(a)(8), strike ‘‘the Act of tion 121 of title 40’’. Act’’ and substitute ‘‘section 3703 of title 40’’. March 3, 1931 (40 U.S.C. 276a—276a–5) (known (39) In section 9686, strike ‘‘section 205 of the (h) TITLE 31.—Title 31, United States Code, is as the Davis-Bacon Act)’’ and substitute ‘‘sec- Federal Property and Administrative Services amended as follows: tions 3141–3144, 3146, and 3147 of title 40’’. Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec- (1) In section 781(a), strike ‘‘section 7 of the (5) In section 8162(a)— tion 121 of title 40’’. Public Buildings Act of 1959, as amended (40 (A) in paragraph (1), strike ‘‘section 321 of the (40) In section 9781— U.S.C. 606)’’ and substitute ‘‘section 3307 of title Act of June 30, 1932 (40 U.S.C. 303b), sections 202 (A) in subsection (b)(2)(D), strike ‘‘title II of 40’’. and 203 of the Federal Property and Adminis- the Federal Property and Administrative Serv- (2) In section 782, strike ‘‘(as defined in sec- trative Services Act of 1949 (40 U.S.C. 483, 484)’’ ices Act of 1949 (40 U.S.C. 481 et seq.)’’ and sub- tion 105 of the Public Buildings Cooperative Use and substitute ‘‘subchapter II of chapter 5 of stitute ‘‘chapter 5 of title 40’’; Act of 1976 (40 U.S.C. 612a))’’ and substitute title 40, sections 541–555 and 1302 of title 40’’; (B) in subsection (d), strike ‘‘title II of the ‘‘(as defined in section 3306(a) of title 40)’’. and Federal Property and Administrative Services (3) In section 1105(g)(2)(B)(ii), strike ‘‘section (B) in paragraph (3), strike ‘‘the Act of March Act of 1949 (40 U.S.C. 481 et seq.)’’ and sub- 901 of the Brooks Architect-Engineers Act (40 3, 1931 (40 U.S.C. 276a et seq.)’’ and substitute stitute ‘‘chapter 5 of title 40’’; and U.S.C. 541)’’ and substitute section ‘‘1102 of title ‘‘sections 3141–3144, 3146, and 3147 of title 40’’. (C) in subsection (g)— 40’’. (6) In section 8165(c), strike ‘‘section 204 of the (i) insert ‘‘subtitle I of title 40 and subtitle III (4) In section 3126— Federal Property and Administrative Services of’’ before ‘‘the Federal’’; and (A) in subsection (a), strike ‘‘section 2 of the Act of 1949 (40 U.S.C. 485) or the Act of June 8, (ii) add at the end of the subsection ‘‘(41 Government Losses in Shipment Act (40 U.S.C. 1896 (40 U.S.C. 485a)’’ and substitute ‘‘sub- U.S.C. 251 et seq.)’’. 722)’’ and substitute ‘‘section 17303(a) of title chapter IV of chapter 5 of title 40’’. (41) In section 12603(d), strike ‘‘section 201(a) 40’’; and (7) In section 8201(e), strike ‘‘section 321 of the of the Federal Property and Administrative (B) in subsection (b), strike ‘‘Section 3 of the Act of June 30, 1932 (40 U.S.C. 303b)’’ and sub- Services Act of 1949 (40 U.S.C. 481(a))’’ and sub- Government Losses in Shipment Act (40 U.S.C. stitute ‘‘section 1302 of title 40’’. stitute ‘‘section 501 of title 40’’. 723) (related to finality of decisions of the Sec- (k) TITLE 39.—Section 410(b)(4) of title 39, (42) In section 18239(b)(1), strike ‘‘section 355 retary)’’ and substitute ‘‘Section 17304(c) of title United States Code, is amended to read as fol- of the Revised Statutes (40 U.S.C. 255)’’ and 40’’. lows: substitute ‘‘section 3111 of title 40’’. (5) In section 3511(c)(1), strike ‘‘section 205(b) ‘‘(4) the following provisions of title 40: ‘‘(A) sections 3114–3116, 3118, 3131, 3133, and (c) TITLE 14.—Title 14, United States Code, is of the Federal Property and Administrative 3141–3147; and amended as follows: Services Act of 1949 (40 U.S.C. 486(b))’’ and sub- ‘‘(B) chapters 37 and 173;’’. (1) In section 92— stitute ‘‘section 121(b) of title 40’’. (l) TITLE 44.—Title 44, United States Code, is (A) insert ‘‘subtitle I of title 40 and title III (6) In section 3551(3), strike ‘‘section 3 of the amended as follows: of’’ before ‘‘the Federal’’; and Federal Property and Administrative Services (1) In section 311(a), strike ‘‘the Federal Prop- (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- Act of 1949 (40 U.S.C. 472)’’ and substitute ‘‘sec- erty and Administrative Services Act, approved stitute ‘‘(41 U.S.C. 251 et seq.)’’. tion 102 of title 40’’. June 30, 1949, as amended,’’ and substitute (2) In section 93(h)— (7) In section 3905(f)(1), strike ‘‘section 2 of ‘‘subtitle I of title 40 and title III of the Federal (A) insert ‘‘subtitle I of title 40 and title III the Act of August 24, 1935 (40 U.S.C. 270b)’’ and Property and Administrative Services Act of 1949 of’’ before ‘‘the Federal’’; and substitute ‘‘section 3133(b) of title 40’’. (41 U.S.C. 251 et seq.)’’. (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- (8) In section 6703(d)(5)— (2) In section 2901(13), strike ‘‘section 3(a) of stitute ‘‘(41 U.S.C. 251 et seq.)’’. (A) strike ‘‘the Act of March 3, 1931 (com- the Federal Property and Administrative Serv- (3) In section 641— monly known as the Davis-Bacon Act); as ices Act of 1949 (40 U.S.C. 472(a))’’ and sub- (A) in subsection (a)— amended (40 U.S.C. 276a–276a–5)’’ and substitute ‘‘section 102 of title 40’’. (i) insert ‘‘subtitle I of title 40 and title III of’’ stitute ‘‘sections 3141–3144, 3146, and 3147 of title (3) In section 3501(8)(B), strike ‘‘the Computer before ‘‘the Federal’’; and 40’’; and Security Act of 1987 (Public Law 100–235)’’ and (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- (B) strike ‘‘section 2 of the Act of June 1, 1934 substitute ‘‘section 11332 of title 40’’. stitute ‘‘(41 U.S.C. 251 et seq.)’’; and (commonly known as the Copeland Anti-Kick- (4) In section 3502(9)— (B) in subsection (c)(2), strike ‘‘section 203 of back Act), as amended (40 U.S.C. 276c, 48 Stat. (A) strike ‘‘section 5002 of the Clinger-Cohen the Federal Property and Administrative Serv- 948)’’ and substitute ‘‘section 3145 of title 40’’. Act of 1996 (40 U.S.C. 1401)’’ and substitute ices Act of 1949 (40 U.S.C. 484)’’ and substitute (9) In section 9303— ‘‘section 11101 of title 40’’; and ‘‘sections 541–555 of title 40’’. (A) in subsection (d), before clause (1)— (B) strike ‘‘section 5142 of that Act (40 U.S.C. (4) In section 685(c)— (i) strike ‘‘the Act of August 24, 1935 (known 1452)’’ and substitute ‘‘section 11103 of title 40’’. (A) in clause (1), strike— as the Miller Act) (40 U.S.C. 270a–270d)’’ and (5) In section 3504— (i) ‘‘The’’ and substitute ‘‘Subtitle I of title 40 substitute ‘‘sections 3131 and 3133 of title 40’’; (A) in subsection (g)(2), strike ‘‘section 5131 of and title III of the’’; and and the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), (ii) ‘‘(40 U.S.C. 471 et seq.)’’ and substitute (ii) strike ‘‘section 3 of the Act (40 U.S.C. and sections 5 and 6 of the Computer Security ‘‘(41 U.S.C. 251 et seq.)’’; and 270c)’’ and substitute ‘‘section 3133(a) of title Act of 1987 (40 U.S.C. 759 note)’’ and substitute (B) strike clause (2) and substitute— 40’’; ‘‘sections 11331 and 11332(b) and (c) of title 40’’; ‘‘(2) Section 1302 of title 40.’’. (B) in subsection (d)(1)— (B) in subsection (g)(3), strike ‘‘section 5131 of (d) TITLE 18.—Section 3668(c) of title 18, (i) strike ‘‘the Act of August 24, 1935 (known the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) United States Code, is amended by striking ‘‘sec- as the Miller Act) (40 U.S.C. 270a–270d)’’ and and sections 5 and 6 of the Computer Security tions 304f–304m of Title 40’’ and substituting substitute ‘‘sections 3131 and 3133 of title 40’’; Act of 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 1306 of title 40’’. and ‘‘sections 11331 and 11332(b) and (c) of title 40’’; (e) TITLE 23.—Title 23, United States Code, is (ii) strike ‘‘section 2 of the Act (40 U.S.C. (C) in subsection (h)(1)(B), strike ‘‘section amended as follows: 270b)’’ and substitute ‘‘section 3133(b) of title 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. (1) In section 112(b)(2)(A), strike ‘‘title IX of 40’’; and 1441)’’ and substitute ‘‘section 11331 of title 40’’; the Federal Property and Administrative Serv- (C) in subsection (e)(2)(A), strike ‘‘the Act of and ices Act of 1949’’ and substitute ‘‘chapter 11 of August 24, 1935 (known as the Miller Act) (40 (D) in subsection (h)(2)— title 40’’. U.S.C. 270a–270d)’’ and substitute ‘‘sections 3131 (i) strike ‘‘division E of the Clinger-Cohen Act (2) In section 113(a), strike ‘‘the Act of March and 3133 of title 40’’. of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute 3, 1931, known as the Davis-Bacon Act (40 (i) TITLE 36.—Title 36, United States Code, is ‘‘subtitle III of title 40’’; and U.S.C. 276a)’’ and substitute ‘‘sections 3141– amended as follows: (ii) strike ‘‘section 110 of the Federal Property 3144, 3146, and 3147 of title 40’’. (1) In section 2103(a)(1), strike ‘‘section 355 of and Administrative Services Act of 1949 (40 (f) THE INTERNAL REVENUE CODE OF 1986.— the Revised Statutes (40 U.S.C. 255)’’ and sub- U.S.C. 757)’’ and substitute ‘‘section 322 of title Section 7608(c)(1)(A)(i)(IV) of the Internal Rev- stitute ‘‘section 3111 of title 40’’. 40’’.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.049 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3381 (6) In section 3506— U.S.C. 612))’’ and substitute ‘‘(as defined in sec- based on enactment later in time, and otherwise (A) in subsection (g)(2), strike ‘‘the Computer tion 3301(a) of title 40)’’; and to ensure that this Act makes no substantive Security Act of 1987 (40 U.S.C. 759 note)’’ and (B) in subclause (F), strike ‘‘title II of the change in existing law, the date of enactment of substitute ‘‘section 11332 of title 40’’; and Federal Property and Administrative Services a provision restated in section 1 or 2 of this Act (B) in subsection (g)(3), strike ‘‘the Computer Act of 1949 (40 U.S.C. 481 et seq.)’’ and sub- is deemed to remain unchanged, continuing to Security Act of 1987 (40 U.S.C. 759 note)’’ and stitute ‘‘sections 121, 123, and 126 and chapter 5 be the date of enactment of the underlying pro- substitute ‘‘section 11332 of title 40’’. of title 40’’. vision of public law that is being restated. (7) In section 3518(d), strike ‘‘section 5131 of (6) In section 44305(a)(1), strike ‘‘sections 1 (3) INCONSISTENT LAWS ENACTED AFTER MARCH the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and 2 of the Government Losses in Shipment Act 31, 2002.—This Act restates certain laws enacted and the Computer Security Act of 1987 (40 (40 U.S.C. 721, 722)’’ and substitute ‘‘sections before April 1, 2002. Any law enacted after U.S.C. 759 note)’’ and substitute ‘‘sections 11331 17302 and 17303 of title 40’’. March 31, 2002, that is inconsistent with this and 11332 of title 40’’. (7) In section 47107(a)(17), strike ‘‘title IX of Act, including any law purporting to amend or (m) TITLE 46.—Title 46, United States Code, is the Federal Property and Administrative Serv- repeal a provision that is repealed by this Act, amended as follows: ices Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub- supersedes this Act to the extent of the incon- (1) In section 2101(17), strike ‘‘section 13 of the stitute ‘‘chapter 11 of title 40’’. sistency. Coast Guard Authorization Act of 1986’’ and (8) In section 47112(b), strike ‘‘the Act of (c) REFERENCES.—A reference to a law re- substitute ‘‘section 558 of title 40’’. March 3, 1931 (known as the Davis-Bacon Act) placed by section 1 or 2 of this Act, including a (2) In section 3305(c), strike ‘‘section 13 of the (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sec- reference in a regulation, order, or other law, is Coast Guard Authorization Act of 1986’’ and tions 3141–3144, 3146, and 3147 of title 40’’. deemed to refer to the corresponding provision substitute ‘‘section 558 of title 40’’. (9) In section 49111(d)(1), strike ‘‘section 5 of enacted by this Act. (n) TITLE 49.—Title 49, United States Code, is the Act of June 6, 1924 (40 U.S.C. 71d),’’ and amended as follows: (d) CONTINUING EFFECT.—An order, rule, or substitute ‘‘section 8722 of title 40’’. regulation in effect under a law replaced by sec- (1) In section 103(e)— (o) VETERANS’ BENEFITS PROGRAMS IMPROVE- (A) insert ‘‘subtitle I of title 40 and title III tion 1 or 2 of this Act continues in effect under MENT ACT OF 1991.—Section 403(e) of the Vet- the corresponding provision enacted by this Act of’’ before ‘‘the Federal Property’’; and erans’ Benefits Programs Improvement Act of (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and sub- until repealed, amended, or superseded. 1991 (Pub. L. 102–86, 105 Stat. 424) is amended stitute ‘‘(41 U.S.C. 251 et seq.)’’. (e) ACTIONS AND OFFENSES UNDER PRIOR by striking ‘‘section 303b of title 40, sections 483 (2) In section 5325(b), strike ‘‘title IX of the LAW.—An action taken or an offense committed and 484 of title 40’’ and substituting ‘‘sub- Federal Property and Administrative Services under a law replaced by section 1 or 2 of this chapter II of chapter 5 of title 40, sections 541– Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub- Act is deemed to have been taken or committed 555 and 1302 of title 40’’. stitute ‘‘chapter 11 of title 40’’. under the corresponding provision enacted by (3) In section 5333(a)— SEC. 4. REPEAL OF TITLE V OF THE FEDERAL this Act. PROPERTY AND ADMINISTRATIVE (A) strike ‘‘the Act of March 3, 1931 (known NFERENCES SERVICES ACT OF 1949. (f) I .—An inference of a legislative as the Davis-Bacon Act) (40 U.S.C. 276a—276a– construction is not to be drawn by reason of the Title V of the Federal Property and Adminis- 5)’’ and substitute ‘‘sections 3141–3144, 3146, and location in the United States Code of a provision trative Services Act of 1949 (ch. 288), as added 3147 of title 40’’; and enacted by this Act or by reason of a caption or by section 6(d) of the Act of September 5, 1950 (B) strike ‘‘section 2 of the Act of June 13, 1934 catch line of the provision. (ch. 849, 64 Stat. 583), is repealed. (40 U.S.C. 276c)’’ and substitute ‘‘section 3145 of (g) SEVERABILITY.—If a provision enacted by title 40’’. SEC. 5. LEGISLATIVE PURPOSE AND CONSTRUC- this Act is held invalid, all valid provisions that TION. (4) In section 24312— are severable from the invalid provision remain (a) PURPOSE.—The purpose of this Act is to (A) in subsection (a)— in effect. If a provision enacted by this Act is revise, codify, and enact without substantive (i) strike ‘‘the Act of March 3, 1931 (known as held invalid in any of its applications, the pro- change the general and permanent laws of the the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ vision remains valid for all valid applications United States related to public buildings, prop- and substitute ‘‘sections 3141–3144, 3146, and that are severable from any of the invalid appli- erty, and works, in order to remove ambiguities, 3147 of title 40’’; and cations. (ii) strike ‘‘section 107 of the Contract Work contradictions, and other imperfections and to Hours and Safety Standards Act (40 U.S.C. repeal obsolete, superfluous, and superseded SEC. 6. REPEALS. 333)’’ and substitute ‘‘section 3704 of title 40’’; provisions. (a) INFERENCES OF REPEAL.—The repeal of a and (b) NO SUBSTANTIVE CHANGE.— law by this Act may not be construed as a legis- (B) in subsection (b), strike ‘‘the Act of March (1) IN GENERAL.—This Act makes no sub- lative inference that the provision was or was 3, 1931 (known as the Davis-Bacon Act) (40 stantive change in existing law and may not be not in effect before its repeal. U.S.C. 276a—276a–5)’’ and substitute ‘‘sections construed as making a substantive change in ex- (b) REPEALER SCHEDULE.—The laws specified 3141–3144, 3146, and 3147 of title 40’’ isting law. in the following schedule are repealed, except (5) In section 40110(c)(2)— (2) DEEMED DATE OF ENACTMENT FOR CERTAIN for rights and duties that matured, penalties (A) in subclause (C), strike ‘‘(as defined in PURPOSES.—For purposes of determining wheth- that were incurred, and proceedings that were section 13 of the Public Buildings Act of 1959 (40 er one provision of law supersedes another begun before the date of enactment of this Act: Schedule of Laws Repealed Statutes at Large

Statutes at Large Chapter or Public U.S. Code Date Law Section Vol- (title 40 unless other- ume Page wise specified)

1822 May 7 96 ...... 3 ...... 3 692 ...... 307 1874 Feb. 4 22 ...... 18 14 ...... 28 Mar. 7 50 ...... (proviso) ...... 18 20 ...... 29 1876 July 31 246 ...... (proviso (related to report) in 1st par. on p. 115) ...... 19 115 ...... 27 1877 Mar. 3 105 ...... (proviso (related to report) in 16th par. on p. 359) ...... 19 359 ...... 27 106 ...... (words after 2d semicolon in 3d par. under heading ‘‘Mis- 19 370 ...... 34 cellaneous’’). 1878 June 20 359 ...... (proviso in 2d par. under heading ‘‘Building and Grounds 20 220 ...... 103 in and Around Washington and the Executive Mansion’’). 1879 Mar. 3 182 ...... 1 (words after semicolon in 5th par. on p. 388) ...... 20 388 ...... 30 July 1 62 ...... 21 47 ...... 307 1882 Aug. 5 389 ...... 1 (2d sentence in 8th par. on p. 241) ...... 22 241 ...... 35 1883 Jan. 16 27 ...... 4 ...... 22 405 ...... 42 1888 Aug. 1 728 ...... 25 357 ...... 257, 258

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Statutes at Large Chapter or Public U.S. Code Date Law Section Vol- (title 40 unless other- ume Page wise specified)

1890 Aug. 30 837 ...... 3 ...... 26 412 ...... 120 1892 July 29 320 ...... 15 ...... 27 325 ...... 101 Aug. 1 352 ...... 3 ...... 27 340 ...... 323 1893 Mar. 3 211 ...... 3 ...... 27 715 ...... 286 1895 Mar. 2 189 ...... (words after last comma in 1st par. on p. 959) ...... 28 959 ...... 190a 1896 June 8 373 ...... 29 268 ...... 485a 1898 July 1 543 ...... 5 ...... 30 570 ...... 79 546 ...... 1 (6th complete par. on p. 614) ...... 30 614 ...... 285 July 7 571 ...... (last par. under catchline ‘‘Capitol and Grounds’’) ...... 30 672 ...... 164 1899 Mar. 3 458 ...... 2 (2d par.) ...... 30 1378 ...... 89 1900 Apr. 17 192 ...... (words between 1st and 2d semicolons (related to absence, 31 125 ...... 164 disability, or vacancy) under catchline ‘‘Office of the Ar- chitect of the Capitol’’). 1901 Mar. 3 830 ...... 1 (words between 1st and 2d semicolons (related to absence, 31 1000 ...... 164 disability, or vacancy) under catchline ‘‘Office of the Ar- chitect of the Capitol’’). 1902 Apr. 28 594 ...... 1 (6th, last pars. on p. 152) ...... 32 152 ...... 19, 31 1903 Feb. 25 755 ...... 1 (7th par. on p. 865) ...... 32 865 ...... 484–1 Mar. 3 1007 ...... 1 (4th complete par. on p. 1112) ...... 32 1112 ...... 304 1905 Mar. 3 1483 ...... 1 (words before ‘‘namely’’ in last sentence of 9th par. on p. 33 1161 ...... 279 1161). 1908 May 27 200 ...... 1 (7th complete par. on p. 327, 1st complete par. on p. 356, 35 327, 356, 358 ...... 43 note, 64, 283 proviso on p. 358). May 30 228 ...... 34 ...... 35 545 ...... 261 1909 Feb. 9 101 ...... (3d par. under heading ‘‘War Department’’) ...... 35 615 ...... 43 note Mar. 4 299 ...... 1 (proviso in 2d par. on p. 997) ...... 35 997 ...... 43 1910 May 17 243 ...... 36 371 ...... 104, 106 June 25 384 ...... 1 (8th complete par. on p. 728 (less appropriations)) ...... 36 728 ...... 105 1912 Aug. 23 350 ...... 1 (2d complete par. on p. 375) ...... 37 375 ...... 251 Aug. 24 355 ...... 1 (last proviso in last par. on p. 432, 10th par. on p. 444) .... 37 432, 444 ...... 68, 280 Aug. 26 408 ...... 1 (last par. on p. 605) ...... 37 605 ...... 174 1913 Mar. 3 106 ...... 1 ‘‘Sec. 3’’, 4 ...... 37 727 ...... 323 Mar. 4 142 ...... 1 (words after 4th comma in last par. on p. 771) ...... 37 771 ...... 38. June 23 3 ...... 1 (proviso on p. 17, last proviso in 2d complete par. on p. 22, 38 17, 22, 25 ...... 22, 253, 281 1st, 3d pars. under heading ‘‘Central Heating and Power Plant’’). 1914 Aug. 1 223 ...... 1 (last par. on p. 633) ...... 38 633 ...... 82 1916 May 10 117 ...... 1 (last par. under catchline ‘‘Contingent Expenses’’, last 39 109, 118 ...... 39, 40 par. less proviso under catchline ‘‘Rent’’). 1917 June 12 27 ...... 1 (words before 10th comma in 4th par. on p. 112, last par. 40 112, 133 ...... 22, 91 on p. 133). 1918 July 9 143 ...... (last par. on p. 850) ...... 40 850 ...... 314 Aug. 31 164 ...... 1 (6th par., words before ‘‘and over’’ in last par. under 40 951 ...... 100 heading ‘‘Washington Aqueduct.’’). 1919 Feb. 25 39 ...... 3 ...... 40 1173 ...... 314 Aug. 25 52 ...... 41 281 ...... 271 1920 Feb. 28 91 ...... 213 ...... 316 Mar. 6 94 ...... (proviso in last par. under heading ‘‘Public Buildings’’) .... 41 507 ...... 272 May 29 214 ...... 1 (1st complete par. on p. 642, words in par. under heading 41 642, 654 ...... 42, 285 ‘‘Independent Treasury’’). June 5 235 ...... (2d complete par. on p. 913) ...... 41 913 ...... 113 253 ...... 1 (1st par. under heading ‘‘Legislative’’) ...... 41 1035 ...... 186 1921 Mar. 3 123 ...... 41 1251 ...... 307 1922 Feb. 17 55 ...... (last proviso in 2d par. and 3d par. under heading ‘‘Gen- 42 369, 387, 388 ...... 25, 284, 312, 313 eral Supply Committee’’, last proviso in 1st complete par. on p. 387, 1st proviso on p. 388). Mar. 20 103 ...... (last par. (related to inspection) on p. 430) ...... 42 430 ...... 26

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1923 Jan. 3 22 ...... (last proviso in 2d par. and 3d par. under heading ‘‘Gen- 42 1090, 1108, 1109 ...... 25, 284, 312, 313 eral Supply Committee’’, last proviso in 2d par. on p. 1108, 1st proviso on p. 1109). Jan. 24 42 ...... (proviso in 1st complete par. on p. 1211) ...... 42 1211 ...... 115 Feb. 20 98 ...... (par. (related to inspection) under catchline ‘‘Capitol 42 1273 ...... 26 Power Plant’’). 1924 Apr. 4 84 ...... (proviso in 1st par. and 1st complete par. on. p. 67, last pro- 43 67, 82, 83 ...... 25, 284, 312, 313 viso in 2d par. under heading ‘‘Public Buildings, Oper- ating Expenses’’, 1st proviso on p. 83). June 5 264 ...... (proviso in 2d complete par. on p. 422) ...... 43 422 ...... 115 June 6 270 ...... 1–4(a), (d), (e), 5, 7–13 ...... 43 463 ...... 71–71d, 71f–72, 73, 74 June 7 303 ...... 1(words between 1st and 2d semicolons (related to inspec- 43 587 ...... 26 tion) in 9th par. under heading ‘‘Capitol Buildings and Grounds’’). 1925 Jan. 22 87 ...... (last proviso in 2d par. and 3d par. under heading ‘‘Gen- 43 766, 781 ...... 25, 284, 312, 313 eral Supply Committee’’, last proviso in complete par. and 1st proviso in last par. on p. 781)). Feb. 26 339 ...... 43 983 ...... 2–6 Mar. 3 462 ...... (proviso in 1st par. on p. 1176) ...... 43 1176 ...... 115 Mar. 4 549 ...... 1 (words between 1st and 2d semicolons (related to inspec- 43 1296 ...... 26 tion) in 1st par. on p. 1296). 556 ...... 1 (1st par. under heading ‘‘Public Buildings and Grounds’’) 43 1323 ...... 91 1926 Mar. 2 43 ...... 1 (proviso in 1st par. and 1st complete par. on p. 139, last 44 139, 153, 154 ...... 25, 284, 312, 313 proviso in 2d par. under heading ‘‘Public Buildings, Op- erating Expenses’’, 1st proviso on p. 154). Mar. 3 44 ...... 1 (last par. under heading ‘‘Department of the Interior, 44 173 ...... 117 Contingent Expenses’’). Apr. 29 195 ...... (proviso in 3d complete par. on p. 368) ...... 44 368 ...... 115 Apr. 30 198 ...... 44 374 ...... 71 May 13 294 ...... 1 (words between 1st and 2d semicolons (related to inspec- 44 547 ...... 26, 222 tion) in 1st par. and 4th complete par. on p. 547). May 25 380 ...... 3, 5 (related to ‘‘amendment’’ by Act of Feb. 16, 1931 (ch. 44 632, 633, 635 ...... 343, 345a 203, 46 Stat. 1164)), 8. 1927 Jan. 26 58 ...... 1 (last proviso in 1st par. and 1st complete par. on p. 1030, 44 1030, 1044, 1045 ...... 25, 284, 312, 313 last proviso in 2d par. under heading ‘‘Public Buildings, Operating Expenses’’, 1st proviso on p. 1045). Feb. 23 168 ...... 1 (words between 1st and 2d semicolons (related to inspec- 44 1156 ...... 26 tion) in 5th par. on p. 1156). Feb. 24 189 ...... (provisos in 3d par. on p. 1219) ...... 44 1219 ...... 115, 115a 1928 Feb. 15 57 ...... (provisos in 3d complete par. on p. 103) ...... 45 103 ...... 115, 115a Mar. 5 126 ...... 1 (last proviso in 1st par. and 1st complete par. on p. 165, 45 165, 185, 186 ...... 25, 112a, 284, 312, 313 last proviso in 2d par. under heading ‘‘Public Buildings, Operating Expenses’’, provisos and last sentence in 1st par. on p. 186). May 14 551 ...... 1 (words between 1st and 2d semicolons (related to inspec- 45 526 ...... 26 tion) in last par. on p. 526). May 24 726 ...... 45 726 ...... 71 May 29 901 ...... 1(8), (85) ...... 45 986, 992 ...... 174, 314 Dec. 20 39 ...... 1 (1st par. on p. 1031, 2d proviso and provisos in 1st com- 45 1031, 1048 ...... 25, 30a, 284, 313 plete par. on p. 1048). Dec. 22 48 ...... 45 1070 ...... 72a, 72b 1929 Jan. 25 102 ...... (provisos in 4th par. on p. 1133) ...... 45 1133 ...... 115, 155a Feb. 28 367 ...... 1 (words between 1st and 2d semicolons (related to inspec- 45 1396 ...... 26 tion) in 8th par. on p. 1396). Mar. 1 423 ...... 45 1425 ...... 271 June 20 33 ...... 6 (words after 1st comma) ...... 46 39 ...... 161a 1930 Apr. 18 184 ...... (provisos in 2d complete par. on p. 212) ...... 46 212 ...... 115, 115a May 15 289 ...... 1 (5th par. under heading ‘‘Division of Supply’’, 1st proviso 46 337, 358 ...... 25, 30a, 284, 313 and provisos in 1st complete par. on p. 358). May 16 291 ...... 46 366 ...... 121, 121 note June 6 407 ...... 1 (words between 5th and 6th semicolons (related to inspec- 46 513, 514 ...... 26, 174a tion) in 1st par. under heading ‘‘Capitol Buildings and Grounds’’, 1st complete par. on p. 514 (related to care and operation of Senate Office Building)). June 28 710 ...... 46 828 ...... 255 1931 Feb. 16 203 ...... 1 ...... 46 1164 ...... 345a Feb. 20 234 ...... 1 (words between 5th and 6th semicolons (related to inspec- 46 1183, 1184 ...... 26, 174a tion) in 1st par. under heading ‘‘Capitol Buildings and Grounds’’, 1st complete par. on p. 1184 (related to care and operation of Senate Office Building)). Feb. 23 277 ...... 1 (3d par. on p. 1219, last proviso in complete par. and pro- 46 1219, 1234, 1235 ...... 25, 30a, 284, 313 viso in last par. on p. 1234, proviso in 1st par. on p. 1235). 280 ...... 1 (provisos in 3d par. on p. 1349) ...... 46 1349 ...... 115, 115a Feb. 26 307 ...... 46 1421 ...... 258a—258e–1 Mar. 3 411 ...... 46 1494 ...... 276a—276a–6 1932 May 20 197 ...... 47 161 ...... 122, 123 May 21 200 ...... 47 163 ...... 124–126

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June 30 314 ...... 1 (words between 5th and 6th semicolons (related to inspec- 47 391, 392, 412 ...... 26, 174a, 267a, 303b tion) in 1st par. under heading ‘‘Capitol Buildings and Grounds’’, 1st par. on p. 392 (related to care and operation of Senate Office Building)), 320, 321. July 1 361 ...... 1 (2d, last provisos in 1st par. on p. 517) ...... 47 517 ...... 115, 115a July 5 430 ...... 1 (1st complete par. on p. 582, last proviso in 1st complete 47 582, 596 ...... 25, 30a, 284, 313 par. and provisos in last par. on p. 596). 1933 Feb. 11 48 ...... 1 ...... 47 799 ...... 124, 125 Feb. 28 134 ...... 1 (words between 5th and 6th semicolons (related to inspec- 47 1360 ...... 26, 174a tion) in 1st par. under heading ‘‘Capitol Buildings and Grounds’’, last par. on p. 1360 (related to care and operation of Senate Office Building)). Mar. 1 144 ...... 1 (provisos in 4th par. on p. 1406) ...... 47 1406 ...... 115, 115a Mar. 3 212 ...... (2d par. under heading ‘‘General Supply Committee’’, last 47 1491, 1505, 1506 ...... 25, 30a, 284, 313 proviso in complete par. and last proviso on p. 1505, proviso in 1st par. on p. 1506). June 16 90 ...... 202–210, 220, 303, 304 ...... 48 201, 210, 211 ...... 402–411, 413, 414 101 ...... 7 ...... 48 305 ...... 315 1934 Jan. 24 4 ...... 34 ...... 48 336 ...... 191 Feb. 15 13 ...... 1 (words before 1st proviso (related to continuation of Civil- 48 351 ...... 411a Works program)). Mar. 15 70 ...... 1 (1st complete par. on p. 438, last proviso in 2d par. under 48 438, 441, 442, 449 ...... 25, 30a, 284, 313 heading ‘‘Public Buildings, Operating Expenses’’, provisos in 1st par. on p. 442, last proviso in 4th par. under heading ‘‘Public Buildings, Maintenance and Oper- ation’’). May 7 222 ...... 1–3 ...... 48 668 ...... 13a–13c May 30 372 ...... 1 (words between 5th and 6th semicolons (related to inspec- 48 827 ...... 26, 174a tion) in 1st par. and 5th complete par. on p. 827 (related to care and operation of Senate Office Building)). June 13 482 ...... 2 ...... 48 948 ...... 276c June 19 648 ...... (last par. on p. 1044) ...... 48 1044 ...... 22a 1935 May 14 110 ...... 1 (last proviso in 3d par. on p. 233, last proviso and last 49 233, 234 ...... 284, 313, 313a par. on p. 234). June 27 320 ...... 49 425 ...... 22b, 22b note, 22c July 8 374 ...... (3d complete par. on p. 470 (related to care and operation of 49 470 ...... 174a Senate Office Building)). Aug. 24 642 ...... 49 793 ...... 270, 270a, 270a notes, 270b—270d–1 Aug. 26 684 ...... 49 800 ...... 345b, 345c Aug. 27 740 ...... 301–308 ...... 49 879 ...... 304f–304m 744 ...... 49 885 ...... 304a–304e Aug. 30 825 ...... 49 1011 ...... 276a—276a–6 1936 June 23 725 ...... 1 (last proviso in 2d complete par. on p. 1843, last proviso 49 1843, 1844 ...... 284, 313, 313a and last par. on p. 1844). June 25 822 ...... 49 1938 ...... 290 June 29 860 ...... 49 2025 ...... 421–425 1937 May 14 180 ...... 1 (last proviso in 2d complete par. on p. 153, last proviso 50 153, 154, 163 ...... 284, 313, 313a and last par. on p. 154, last proviso in 1st par. on p. 163). May 18 223 ...... (last par. on p. 179 (related to care and operation of Senate 50 179 ...... 174a Office Building)). July 8 444 ...... 1–7, 10, 11 ...... 50 479, 484 ...... 721, 721 notes, 722– 729 1938 Mar. 28 55 ...... 1 (last proviso on p. 137, last proviso and 1st complete par. 52 137, 139, 147 ...... 284, 313, 313a on p. 139, last proviso in 1st complete par. on p. 147). May 17 236 ...... (1st par. under catchline ‘‘Senate Office Building’’ (related 52 391 ...... 174a to care and operation of Senate Office Building)). June 15 400 ...... 52 693 ...... 311b June 20 534 ...... 16 ...... 52 802 ...... None 1939 May 6 115 ...... 1 (last proviso in 2d complete par. on p. 672, 4th and last 53 672, 674, 682 ...... 109a, 284, 313, 313a provisos and 1st complete par. on p. 674, last proviso in 1st complete par. on p. 682). June 3 176 ...... 53 808 ...... 311b July 15 281 ...... (3d par. under heading ‘‘Department of Vehicles and Traf- 53 1033 ...... 60a fic’’). July 31 400 ...... 53 1144 ...... 121 Aug. 5 449 ...... 53 1211 ...... 72c, 72c note, 72d, 72d note, 72e, 72e note, 74a, 74a note, 74b, 74c Aug. 10 665 ...... 1–3 ...... 53 1358 ...... 723–725, 729 1940 Feb. 1 18 ...... 54 19 ...... 255 Mar. 25 71 ...... (6th and last provisos on p. 69, 1st par. on p. 70, last pro- 54 69, 70, 77 ...... 109a, 284, 313, 313a viso in 2d complete par. on p. 77). June 12 333 ...... (3d par. under heading ‘‘Department of Vehicles and Traf- 54 334 ...... 60a fic’’). June 15 373 ...... 54 399 ...... 276a, 276a note June 18 396 ...... (last par. under heading ‘‘Office of the Architect of the 54 472 ...... 166a Capitol’’). July 18 634 ...... 54 764 ...... 109, 109a

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635 ...... 54 764 ...... 304a–304d Aug. 13 666 ...... 54 788 ...... 316 Sept. 9 717 ...... (3d proviso under heading ‘‘Military Posts’’) ...... 54 873 ...... 269a Oct. 8 756 ...... (1st proviso on p. 968) ...... 54 968 ...... 269a Oct. 9 793 ...... 54 1083 ...... 255 Oct. 22 908 ...... 6 ...... 54 1208 ...... 13e 1941 Mar. 23 26 ...... (last proviso in 5th complete par. on p. 53) ...... 55 53 ...... 276a–7 Apr. 29 81 ...... 55 147 ...... 270e, 270f May 31 156 ...... 1 (6th and last provisos on p. 226, 2d par. under heading 55 226, 234 ...... 109a, 284, 313, 313a ‘‘Procurement Division’’, last proviso in 1st complete par. on p. 234). June 30 262 ...... (2d proviso under heading ‘‘Military Posts’’) ...... 55 375 ...... 269a July 1 268 ...... (last par. under heading ‘‘Office of the Architect of the 55 457 ...... 166a Capitol’’). 271 ...... (1st par. on p. 529) ...... 55 529 ...... 60a Aug. 21 395 ...... (last proviso in 14th par. on p. 664) ...... 55 664 ...... 276a–7 Dec. 10 563 ...... 55 796 ...... 291 1942 Feb. 21 108 ...... (words after last comma in 1st par. on p. 109) ...... 56 109 ...... 313 Mar. 10 178 ...... (5th and 6th provisos and 1st complete par. on p. 161, 2d 56 161, 169 ...... 109a, 284, 313, 313a proviso on p. 169). Apr. 28 249 ...... 56 247 ...... 278b June 8 396 ...... (last par. under heading ‘‘Office of the Architect of the 56 341 ...... 166a Capitol’’). June 27 450 ...... (1st proviso in 2d complete par. and last par. on p. 407) ...... 56 407 ...... 277a, 284 452 ...... (1st complete par. on p. 451) ...... 56 451 ...... 60a Oct. 21 618 ...... 56 797 ...... 258f 1943 June 26 145 ...... 101 (proviso in par. under heading ‘‘Office of the Adminis- 57 176, 177, 178 ...... 7a, 265a, 277a, 284 trator’’, last proviso on p. 177, 1st and 2d complete pars. on p. 178). June 28 173 ...... (1st complete par. on p. 232) ...... 57 232 ...... 166a June 30 179 ...... (5th and 6th provisos and 1st complete par. on p. 262), 201 57 262, 269 ...... 109a, 284, 313, 313a (last proviso). July 1 184 ...... (3d par. under heading ‘‘Department of Vehicles and Traf- 57 338 ...... 60a fic’’). 1944 Apr. 1 152 ...... (words before proviso in last par. under heading ‘‘Treasury 58 162 ...... 756 note Department’’). Apr. 22 175 ...... (7th proviso and 1st complete par. on p. 206, last proviso in 58 206, 214 ...... 284, 313, 313a 1st complete par. on p. 214). June 26 277 ...... 101 (last par. under heading ‘‘Office of the Architect of the 58 346 ...... 166a Capitol’’). June 27 286 ...... 101 (1st proviso on p. 367, 1st proviso in 2d complete par. 58 367, 368, 369 ...... 7a, 265a, 277a,284 and last par. on p. 368, 1st complete par. on p. 369). June 28 300 ...... (last proviso on p. 526) ...... 58 526 ...... 60a 1945 Apr. 24 92 ...... (2d proviso and 1st complete par. on p. 67, last proviso in 3d 59 67, 74 ...... 284, 313, 313a par. under heading ‘‘Public Buildings, Maintenance and Operation’’). May 3 106 ...... 101 (proviso in 1st par. under heading ‘‘Office of the Ad- 59 112, 114 ...... 7a, 265a, 277a, 284, ministrator’’, proviso in 1st and 2d complete pars., last 292, 293 complete par., and last par. on p. 114, 1st and 2d complete pars. on p. 115). June 13 189 ...... 101 (2d par. under heading ‘‘Office of the Architect of the 59 251 ...... 166a Capitol’’). June 30 209 ...... (4th proviso in 1st complete par. on p. 289) ...... 59 289 ...... 60a 1946 Mar. 28 113 ...... 101 (proviso in 1st par. under heading ‘‘Office of the Ad- 60 65, 67 ...... 7a, 265a, 277a, 284, ministrator’’, proviso in 1st and 2d pars. and 3d–last 292 pars. on p. 67). June 14 404 ...... 1–4, 7–9 ...... 60 257, 258 ...... 128, 295, 296, 304b, 304c, 341 note July 1 530 ...... 101 (2d par. under heading ‘‘Office of the Architect of the 60 400 ...... 166a Capitol’’). July 9 544 ...... (4th proviso in 1st complete par. on p. 518) ...... 60 518 ...... 60a July 20 588 ...... 101 (5th proviso and 1st complete par. on p. 579, last proviso 60 579, 585 ...... 284, 313, 313a in 3d par. under heading ‘‘Public Buildings, Mainte- nance and Operation’’). 589 ...... 302 ...... 60 595 ...... 33a July 31 707 ...... 1–8, 10–13, 15, 16(a) ...... 60 718, 719, 720 ...... 193a–193h, 193h note, 193i–193m, 194–205, 213 Aug. 7 770 ...... (55) ...... 60 870 ...... 314 1947 July 1 186 ...... (last proviso and 1st complete par. on p. 224, last proviso in 61 224, 233 ...... 284, 313, 313a 1st complete par. on p. 233). July 17 262 ...... 101 (2d par. under heading ‘‘Office of the Architect of the 61 369 ...... 166a Capitol’’). July 25 324 ...... (4th proviso in 1st par. on p. 443) ...... 61 443 ...... 60a 327 ...... 2(a) (5th par.) ...... 61 451 ...... 101 note July 30 358 ...... 302 ...... 61 583 ...... 33a 359 ...... 101 (proviso in last complete par. and last par. on p. 593, 1st 61 593, 594 ...... 277a, 284, 292 and 2d complete pars. on p. 594). Aug. 5 493 ...... 2 (1st sentence) ...... 61 774 ...... 303 1948 Apr. 20 219 ...... 101 (proviso in 1st and 2d complete pars., last complete par., 62 183 ...... 277a, 284, 292 and last par. on p. 183).

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May 14 290 ...... 62 235 ...... 129a–130a June 1 359 ...... 62 281 ...... 318–318d June 14 466 ...... (5th proviso and 1st complete par. on p. 415, 3d complete 62 415, 416, 421 ...... 284, 313, 313a, 756 par. on p. 416, last proviso on p. 421). note 467 ...... 101 (last par. under heading ‘‘Office of the Architect of the 62 430 ...... 166a Capitol’’). June 19 555 ...... (4th proviso in 1st complete par. on p. 553) ...... 62 553 ...... 60a June 25 646 ...... 6, 27 ...... 62 986, 990 ...... 13c, 257 June 30 773 ...... 302 ...... 62 1194 ...... 33a 1949 May 24 139 ...... 134 ...... 63 108 ...... 276c June 16 218 ...... 404, 405, 410–413 ...... 63 199, 200 ...... 298a, 298a note, 298b, 298d, 356, 356a June 22 235 ...... 101 (1st complete par. on p. 224) ...... 63 224 ...... 166a June 29 279 ...... (1st proviso on p. 319) ...... 63 319 ...... 60a June 30 286 ...... (last proviso in 1st par. under heading ‘‘Bureau of Federal 63 363, 364 ...... 313–1, 314a, 756 note Supply’’, 2d–last sentences in 1st complete par. on p. 364, par. under heading ‘‘General Supply Fund’’). 288 ...... 1–3, 101–103, 106, 107, 109(a)–(c), (e)–(g), 110, 112, 201, 63 377, 381, 382, 383, 471, 471 notes, 472– 202(a)–(e), (g), (h), 203–212, 401–404, 601, 602(a), (c)–(e), 385, 397, 399, 401, 476, 481, 483, 484, 603, 605, 606, 801–806, 901–905. 403. 485, 486–490, 491, 492, 511–514, 531, 531 note, 532–535, 541, 541 note, 542– 544, 751–755, 756, 757, 758, 760 Aug. 18 479 ...... 63 616 ...... 13f–13p Aug. 24 506 ...... 101 (provisos and 3d and 4th complete pars. on p. 640), 307 63 640, 662 ...... 33a, 277a, 284, 292 Oct. 13 685 ...... 1–5, 7, 8 ...... 63 841, 842 ...... 451–455, 457, 458 Oct. 26 737 ...... 63 920 ...... 482 1950 July 18 467 ...... (3d proviso on p. 364) ...... 64 364 ...... 60a Sept. 5 849 ...... 1–5, 6(a) (related to §§ 601, 602(a) and (c)–(e), 603, and 605), 64 578, 583, 590, 591 ...... 471 note, 472, 472 (b) (related to §§ 601, 602(a) and (c)–(e), 603, and 605), (c), note, 473, 474, 475, 7(a)–(d), (e)(‘‘Sec. 602(c)’’), (f), (g), 8(a), (b), (c) (related 481, 484, 486, 490, to § 602(e)), 9, 10(b), 11. 491, 492, 752, 756, 756 note, 758 Sept. 6 896 ...... (last par. under heading ‘‘Office of the Architect of the 64 602, 706, 708, 764 ...... 33a, 166a, 278c, 313– Capitol’’, 1st complete par. on p. 706, 1st par. and 2d–last 1, 756 note sentences in last par. on p. 708, ‘‘Sec. 1207’’). Sept. 27 1052 ...... (par. under heading ‘‘General Supply Fund’’) ...... 64 1056 ...... 756 note 1951 Aug. 3 292 ...... (3d proviso in 1st par. on p. 167) ...... 65 167 ...... 60a Aug. 31 376 ...... (1st proviso on p. 275) ...... 65 275 ...... 313–2 Oct. 11 485 ...... (last par. under heading ‘‘Office of the Architect of the 65 396 ...... 166a Capitol’’). Oct. 24 559 ...... 1–9, 11 ...... 65 634 ...... 193n–193v, 193x Oct. 31 654 ...... 1(73)–(97), 2(1), (20), (24), 4(8) ...... 65 704, 706, 707, 709 ...... 5a, 7, 8–13, 14, 15–18, 20, 21, 27a, 44, 110– 112, 114, 116, 117, 119, 266, 269, 273, 287, 294, 302, 303a, 304, 311b, 312, 484– 1, 485a Nov. 1 664 ...... 1307 ...... 65 756 ...... 33a 1952 July 5 576 ...... (3d proviso in 1st complete par. on p. 385, proviso on p. 400) 66 385, 400 ...... 60a, 313–2 July 9 598 ...... (last par. under heading ‘‘Office of the Architect of the 66 472 ...... 166a Capitol’’). July 10 630 ...... 633 ...... 66 537 ...... 483a July 12 703 ...... 1(a)–(l) ...... 66 593 ...... 472, 483, 484, 487, 490, 756, 41:259 July 15 758 ...... 1407 ...... 66 660 ...... 33a July 19 949 ...... 1 ‘‘Sec. 1–4(a), (d), (e), 5, 7–10’’, 2 ...... 66 781, 787, 789 ...... 71, 71 note, 71a–71d, 71f–72, 73, 74 1953 July 31 299 ...... (4th proviso in 1st complete par. on p. 290, last proviso on 67 290, 304 ...... 60a, 313–2 p. 304). Aug. 1 304 ...... (last par. under heading ‘‘Office of the Architect of the 67 327 ...... 166a Capitol’’). 305 ...... 630 ...... 67 355 ...... 483a Aug. 7 340 ...... 1307, 1316 ...... 67 436, 439 ...... 33a, 483b Aug. 8 399 ...... 67 521 ...... 484 1954 June 24 359 ...... (last proviso on p. 282) ...... 68 282 ...... 313–2 June 30 432 ...... 723 ...... 68 355 ...... 483a July 1 449 ...... (last proviso on p. 386) ...... 68 386 ...... 60a July 2 455 ...... (last par. under heading ‘‘Office of the Architect of the 68 405 ...... 166a Capitol’’). July 14 481 ...... 68 474 ...... 484 Aug. 2 649 ...... 702(a), (b), (d)–(g), 703 ...... 68 641 ...... 460, 462 Aug. 26 935 ...... 1307 ...... 68 829 ...... 33a Aug. 30 1076 ...... (20) ...... 68 967 ...... 122 Aug. 31 1178 ...... 68 1051 ...... 485 Sept. 1 1211 ...... 1–4 ...... 68 1126 ...... 471, 472, 490, 491, 491 note 1955 May 25 76 ...... 69 66 ...... 106 June 3 129 ...... 69 83 ...... 270e

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130 ...... 69 83 ...... 484, 484 notes June 29 226 ...... 207 ...... 69 196 ...... 33a June 30 244 ...... (last proviso on p. 205) ...... 69 205 ...... 313–2 July 5 272 ...... (3d par. under heading ‘‘Department of Vehicles and Traf- 69 254 ...... 60a fic’’). July 13 358 ...... 622 ...... 69 319 ...... 483a Aug. 1 442 ...... 69 430 ...... 484 Aug. 5 568 ...... (2d par. under heading ‘‘Office of the Architect of the Cap- 69 515 ...... 166a itol’’). Aug. 11 783 ...... 112 ...... 69 641 ...... 462 Aug. 12 874 ...... 1, 2 ...... 69 721 ...... 472 1956 June 13 385 ...... 207 ...... 70 281 ...... 33a June 27 452 ...... (2d par. on p. 344, 3d par. on p. 345) ...... 70 344, 345 ...... 313–2, 756 note 453 ...... (2d par. under heading ‘‘Office of the Architect of the Cap- 70 365 ...... 166a itol’’). June 29 479 ...... (3d par. under heading ‘‘Department of Vehicles and Traf- 70 447 ...... 60a fic’’). July 2 488 ...... 618 ...... 70 471 ...... 483a July 3 513 ...... 1–3, 5 ...... 70 493, 495 ...... 484, 484 note July 27 748 ...... (par. under heading ‘‘General Supply Fund’’) ...... 70 686 ...... 756 note Aug. 3 942 ...... 70 1020 ...... 484 1957 June 5 85–48 ...... 207 ...... 71 54 ...... 33a June 29 85–69 ...... (3d complete par. on p. 231, 5th complete par. on p. 232) ..... 71 231, 232 ...... 313–2, 756 note July 1 85–75 ...... (2d par. under heading ‘‘Office of the Architect of the Cap- 71 251 ...... 166a itol’’). Aug. 2 85–117 ...... 618 ...... 71 326 ...... 483a 1958 Feb. 28 85–337 ...... 5 ...... 72 29 ...... 472 June 25 85–468 ...... 207 ...... 72 225 ...... 33a July 2 85–486 ...... 72 288 ...... 484 85–493 ...... 72 294 ...... 304c, 490 July 18 85–542 ...... 72 399 ...... 298d July 31 85–570 ...... (last par. under heading ‘‘Salaries’’) ...... 72 448 ...... 166a Aug. 19 85–680 ...... 72 631 ...... 488 Aug. 22 85–724 ...... 617 ...... 72 727 ...... 483a Aug. 23 85–726 ...... 1406 ...... 72 808 ...... 474 Aug. 27 85–781 ...... 72 936 ...... 481 Aug. 28 85–800 ...... 12 ...... 72 967 ...... 276c Aug. 28 85–844 ...... (par. under heading ‘‘General Supply Fund’’, last par. on 72 1068, 1069 ...... 313–2, 756 note p. 1069). Sept. 2 85–886 ...... 1, 3 ...... 72 1709 ...... 490 1959 May 20 86–30 ...... (par. under heading ‘‘General Supply Fund’’) ...... 73 43 ...... 756 note June 25 86–70 ...... 30(a) ...... 73 148 ...... 472 July 8 86–79 ...... 207 ...... 73 166 ...... 33a Aug. 4 86–135 ...... 73 279 ...... 270b, 270b note, 270c Aug. 18 86–166 ...... 616 ...... 73 381 ...... 483a Aug. 21 86–176 ...... (2d par. under heading ‘‘Salaries’’) ...... 73 407 ...... 166a Sept. 1 86–215 ...... 73 446 ...... 485 Sept. 9 86–249 ...... 1–17(5), (7)–(23), 19–21 ...... 73 479, 484 ...... 23, 24, 32, 33, 59, 260, 262–265, 267, 268, 274–276, 277, 278, 282, 297–298, 298c, 341–342a, 344, 345, 346–350a, 352–354, 490, 601, 601 note, 602, 603–612, 613– 615, 617–619 Sept. 14 86–255 ...... (4th par. under heading ‘‘General Provisions’’) ...... 73 507 ...... 313–2 Sept. 23 86–372 ...... 801 ...... 73 686 ...... 462 1960 May 13 86–461 ...... 74 128 ...... 106 June 27 86–527 ...... 74 223 ...... 131, 131 note, 132–135 July 5 86–591 ...... 74 330 ...... 756 July 7 86–601 ...... 516 ...... 74 352 ...... 483a 86–608 ...... 74 363 ...... 345c July 12 86–624 ...... 26, 27(a)–(c) ...... 74 418 ...... 276a, 472, 491, 514 86–626 ...... 101 (3d and 6th complete pars. on p. 434) ...... 74 434 ...... 313–2, 484a 86–628 ...... (last par. under heading ‘‘Salaries’’) ...... 74 455 ...... 166a 86–642 ...... 207 ...... 74 478 ...... 33a Sept. 13 86–764 ...... 74 904 ...... 126 1961 Mar. 31 87–14 ...... (par. under heading ‘‘General Supply Fund’’) ...... 75 25 ...... 756 note June 30 87–70 ...... 502 ...... 75 175 ...... 462 July 6 87–82 ...... 2 ...... 75 199 ...... 174j–2 July 20 87–94 ...... 75 213 ...... 484 Aug. 3 87–125 ...... 507 ...... 75 283 ...... 33a Aug. 10 87–130 ...... (last par. under heading ‘‘Salaries’’) ...... 75 329 ...... 166a Aug. 17 87–141 ...... (par. under heading ‘‘General Supply Fund’’, 2d par. on p. 75 351, 353 ...... 313–2, 756 note 353). 87–144 ...... 616 ...... 75 378 ...... 483a Sept. 22 87–275 ...... 75 574 ...... 318d Oct. 4 87–372 ...... 75 802 ...... 756 1962 May 24 87–456 ...... 303(b) ...... 76 78 ...... 474 June 8 87–476 ...... 76 92 ...... 607 July 25 87–545 ...... (par. under heading ‘‘General Supply Fund’’) ...... 76 212 ...... 756 note

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Aug. 6 87–571 ...... 76 307 ...... 193f, 193h Aug. 9 87–577 ...... 516 ...... 76 331 ...... 483a Aug. 13 87–581 ...... 1, 2, 101–108, 203, 204 ...... 76 357, 360 ...... 321, 321 note, 322, 324–327, 327 notes, 328–334 Aug. 24 87–600 ...... 76 401 ...... 756 Aug. 31 87–619 ...... 76 414 ...... 486 Sept. 14 87–658 ...... 6 ...... 76 544 ...... 462 Sept. 25 87–683 ...... 76 575 ...... 71a Oct. 2 87–730 ...... (last par. under heading ‘‘Salaries’’) ...... 76 688 ...... 166a Oct. 3 87–741 ...... (par. under heading ‘‘General Supply Fund’’, last par. on 76 725, 727 ...... 313–2, 756 note p. 727). Oct. 10 87–786 ...... 76 805 ...... 484 Oct. 23 87–847 ...... 76 1117 ...... 757 87–852 ...... 76 1129 ...... 319c 1963 May 17 88–25 ...... (par. under heading ‘‘General Supply Fund’’) ...... 77 26 ...... 756 note Oct. 17 88–149 ...... 516 ...... 77 267 ...... 483a Dec. 19 88–215 ...... (par. under heading ‘‘General Supply Fund’’, 4th par. on 77 434, 436 ...... 313–2, 756 note p. 436). Dec. 30 88–248 ...... (last par. under heading ‘‘Salaries’’) ...... 77 812 ...... 166a 1964 July 2 88–349 ...... 1 ...... 78 238 ...... 276a Aug. 1 88–391 ...... 78 365 ...... 193r, 193t, 193v, 193x Aug. 14 88–426 ...... 203(d) (related to Assistant Architect of the Capitol), (e) .... 78 415 ...... 166b, 166b–1 Aug. 19 88–446 ...... 516 ...... 78 477 ...... 483a Aug. 20 88–454 ...... (last par. under heading ‘‘Salaries’’) ...... 78 544 ...... 166a Aug. 30 88–507 ...... (2d complete par. on p. 655) ...... 78 655 ...... 313–2 88–515 ...... 78 696 ...... 701, 701 note, 702, 703 Sept. 2 88–560 ...... 602 ...... 78 799 ...... 462 1965 Mar. 9 89–4 ...... 1, 2, 101–108, 201, 202, 207, 214, 221–226, 301–304, 401–405 ...... 79 5, 17 ...... 40 App.:1, 2, 101–108, 201, 202, 207, 214, 221–226, 301–304, 401–405 June 2 89–30 ...... 1–4 ...... 79 118 ...... 301, 306, 308–310 July 27 89–90 ...... (1st par. on p. 276) ...... 79 276 ...... 166a Aug. 10 89–117 ...... 1104 ...... 79 503 ...... 462 Aug. 16 89–128 ...... (2d complete par. on p. 531) ...... 79 531 ...... 313–2 Sept. 8 89–173 ...... 1, 5(a), 6 ...... 79 663, 665, 666 ...... 684, 685 Sept. 29 89–213 ...... 616 ...... 79 876 ...... 483a Oct. 20 89–276 ...... 79 1010 ...... 490 Nov. 8 89–343 ...... 6 ...... 79 1303 ...... 474 89–344 ...... 79 1304 ...... 490 89–348 ...... 2(4) ...... 79 1312 ...... 484 1966 Aug. 27 89–545 ...... (last par. under heading ‘‘Salaries’’) ...... 80 364 ...... 166a Sept. 6 89–555 ...... (4th par. on p. 674) ...... 80 674 ...... 313–2 Oct. 15 89–670 ...... 8(b) ...... 80 942 ...... 40 App.:201 89–687 ...... 616 ...... 80 994 ...... 483a Oct. 29 89–698 ...... 401 ...... 80 1072 ...... 214a Nov. 2 89–719 ...... 105(b) ...... 80 1139 ...... 270a Nov. 7 89–790 ...... 80 1424 ...... 71 note 1967 May 25 90–19 ...... 7, 10(a) (related to § 702), (d) ...... 81 22 ...... 460, 462, 474 May 29 90–21 ...... (par. under heading ‘‘General Supply Fund’’) ...... 81 33 ...... 756 note July 28 90–57 ...... (last par. under heading ‘‘Salaries’’) ...... 81 136 ...... 166a Sept. 29 90–96 ...... 616 ...... 81 245 ...... 483a Oct. 11 90–103 ...... 101–104, 106, 107, 112, 116–123 ...... 81 257, 258, 261, 263 ...... 40 App.:1 note, 102, 105, 106, 201, 202, 207, 214, 221, 223 , 224, 302, 303, 401, 403 Oct. 20 90–108 ...... 81 275 ...... 101, 193a, 193a note, 193f, 193h, 193m Nov. 3 90–121 ...... (2d complete par. on p. 349) ...... 81 349 ...... 313–2 Nov. 14 90–135 ...... 81 441 ...... 771, 771 note, 781– 786, 791, 792 Dec. 16 90–206 ...... 219(3), (4) ...... 81 639 ...... 166b, 166b–1 1968 Mar. 12 90–264 ...... 1, 101–107, 109–116(a)(1), (b), 117–120, 201–203 ...... 82 43, 45 ...... 801, 801 note, 802– 804, 804 note, 805– 808, 811–819a, 821– 823 June 19 90–351 ...... 525 ...... 484 July 5 90–376 ...... 3 ...... 82 286 ...... 193v July 23 90–417 ...... (2d par. under heading ‘‘Salaries’’) ...... 82 407 ...... 166a July 23 90–417 ...... (last par. under heading ‘‘Salaries’’) ...... 82 407 ...... 167a note Aug. 1 90–448 ...... 201(f), 607, 807(f) ...... 82 502, 534, 544 ...... 462, 612, 40 App.:207 Oct. 4 90–550 ...... (2d complete par. on p. 944) ...... 82 944 ...... 313–2 Oct. 16 90–577 ...... 501 ...... 82 1104 ...... 531, 531 note, 532–535 Oct. 17 90–580 ...... 516 ...... 82 1132 ...... 483a Oct. 22 90–626 ...... 82 1319 ...... 490 1969 June 30 91–34 ...... 2(c) ...... 83 41 ...... 193m Aug. 9 91–54 ...... 83 96 ...... 327 notes, 333 Nov. 25 91–123 ...... 101–104, 106–111 ...... 83 214, 215 ...... 40 App.:1 note, 105, 201, 202, 207, 214, 302, 401, 403, 405

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Nov. 26 91–126 ...... (4th par. under heading ‘‘General Provisions’’) ...... 83 228 ...... 313–2 Dec. 9 91–143 ...... 8 ...... 83 322 ...... 651, 652, 661, 663–665, 671, 682–684 Dec. 12 91–145 ...... (last par. under heading ‘‘Salaries’’) ...... 83 350 ...... 166a Dec. 29 91–171 ...... 617 ...... 83 483 ...... 483a 1970 May 21 91–258 ...... 52(b)(5) ...... 84 235 ...... 40 App.:214 June 30 91–297 ...... 201(c) ...... 84 357 ...... 210a note July 29 91–358 ...... 173(a)(1) ...... 84 591 ...... 129a note Aug. 12 91–375 ...... 6(m) ...... 84 782 ...... 356, 474, 615, 723, 724 Aug. 18 91–382 ...... (words before proviso (related to salary of Executive Assist- 84 817, 818 ...... 166a, 166b–1 ant Architect of the Capitol) in 1st par. under heading ‘‘Salaries’’), 1st complete par. on p. 818). Sept. 1 91–393 ...... 1, 2, 4 ...... 84 835 ...... 255, 256, 258e Sept. 26 91–426 ...... 84 883 ...... 481, 512 Oct. 17 91–466 ...... 2 ...... 84 990 ...... 521–524 Oct. 21 91–469 ...... 39 ...... 84 1036 ...... 270f Oct. 22 91–485 ...... 2–4 ...... 84 1084 ...... 484 Oct. 26 91–510 ...... 451(a) ...... 84 1193 ...... 193n–1 Oct. 27 91–513 ...... 1102(o) ...... 84 1293 ...... 304m Dec. 17 91–556 ...... (4th par. under heading ‘‘General Provisions’’) ...... 84 1448 ...... 313–2 1971 Jan. 11 91–668 ...... 817 ...... 84 2033 ...... 483a July 9 92–49 ...... 611 ...... 85 124 ...... 313–2 92–51 ...... (last par. under heading ‘‘Salaries’’) ...... 85 137 ...... 166a Aug. 5 92–65 ...... 201–204, 206, 208, 210–214 ...... 85 168, 169, 171 ...... 40 App.:1 note, 105, 106, 201, 201 note, 202, 207, 214, 223 note, 302, 401, 405 Dec. 18 92–204 ...... 717 ...... 85 730 ...... 483a 1972 June 16 92–313 ...... 1–4, 7, 11 ...... 86 216, 221, 222 ...... 490, 601 note, 603, 603 notes, 606, 611 June 22 92–317 ...... 3(f) ...... 86 235 ...... 14a July 10 92–342 ...... (last par. under heading ‘‘Salaries’’) ...... 86 442 ...... 166a Aug. 4 92–362 ...... 1 ...... 86 503 ...... 484 Oct. 21 92–520 ...... 1, 41 ...... 86 1019, 1026 ...... 601 note, 616 note Oct. 26 92–570 ...... 717 ...... 86 1199 ...... 483a Oct. 27 92–578 ...... 1–14, 16, 17 ...... 86 1266, 1274 ...... 871, 871 note, 872–885 92–582 ...... 86 1278 ...... 541–544 1973 July 6 93–62 ...... 87 146 ...... 802, 804 July 10 93–72 ...... 87 169 ...... 607 Aug. 6 93–83 ...... 2 ...... 87 216 ...... 484 Nov. 1 93–145 ...... (last par. under heading ‘‘Salaries’’) ...... 87 540 ...... 166a Dec. 24 93–198 ...... 203, 739(a)–(c), (e)–(g)(2), (7), (8), (h)–(j) ...... 87 779, 825, 826, 829 ...... 13n, 71a, 71c–71g, 136, 193a Dec. 29 93–226 ...... 87 943 ...... 193a note 1974 Jan. 2 93–238 ...... 717 ...... 87 1041 ...... 483a Aug. 13 93–371 ...... (last par. under heading ‘‘Salaries’’) ...... 88 437 ...... 166a Aug. 22 93–383 ...... 401(c) ...... 88 691 ...... 460 Aug. 30 93–400 ...... 15 ...... 88 800 ...... 474, 487, 581 Oct. 1 93–427 ...... 88 1170 ...... 873, 876, 885 Oct. 8 93–437 ...... 817 ...... 88 1228 ...... 483a Oct. 26 93–478 ...... 88 1449 ...... 802 Dec. 21 93–529 ...... (par. under heading ‘‘Appalachian Regional Development 88 1711 ...... 40 App.:208 note Programs’’). 1975 Jan. 2 93–594 ...... 88 1926 ...... 472 93–599 ...... 88 1954 ...... 483 93–604 ...... 701 ...... 88 1963 ...... 756 July 25 94–59 ...... (3d par. under heading ‘‘Salaries’’) ...... 89 287 ...... 166a Aug. 9 94–82 ...... 204(b) ‘‘Sec. 203(d) (related to Assistant Architect of the 89 421 ...... 166b Capitol)’’. 94–91 ...... 401 ...... 89 452 ...... 490a Dec. 31 94–188 ...... 101–111, 113, 115–122, 124 ...... 89 1079, 1082, 1083, 1086 40 App.:1 note, 2, 2 note, 101, 102, 105– 107, 201, 201 note, 202, 207, 214, 223– 225, 302, 303, 401, 405 1976 Feb. 9 94–212 ...... 717 ...... 90 171 ...... 483a Apr. 21 94–273 ...... 2(19), 21 ...... 90 375, 379 ...... 74, 756 Aug. 3 94–375 ...... 16(b) ...... 90 1076 ...... 461 note Aug. 14 94–388 ...... 90 1188 ...... 885 Sept. 22 94–419 ...... 717 ...... 90 1294 ...... 483a Oct. 1 94–440 ...... (last par. under heading ‘‘Salaries’’) ...... 90 1452 ...... 166a Oct. 17 94–519 ...... 1–5, 7–9 ...... 90 2451, 2456 ...... 476, 483, 483c, 484, 484 note, 484c, 512 Oct. 18 94–541 ...... 101–105 ...... 90 2505 ...... 490, 601 note, 606, 611, 612a 1977 Aug. 5 95–94 ...... (2d par. under heading ‘‘Salaries’’) ...... 91 672 ...... 166a Sept. 21 95–111 ...... 817 ...... 91 902 ...... 483a Nov. 18 95–193 ...... 91 1412 ...... 40 App.:202, 202 note 1978 Sept. 30 95–391 ...... (last par. under heading ‘‘Salaries’’) ...... 92 781 ...... 166a

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Oct. 10 95–431 ...... (proviso in par. under heading ‘‘Care of the Building and 92 1036 ...... 13a, 13b Grounds’’). Oct. 13 95–457 ...... 818 ...... 92 1247 ...... 483a Oct. 20 95–491 ...... 92 1641 ...... 760, 760 note Oct. 24 95–506 ...... 92 1756 ...... 491 Nov. 2 95–585 ...... 92 2484 ...... 270a Nov. 6 95–598 ...... 325 ...... 92 2679 ...... 316 95–599 ...... 138(a), (b) ...... 92 2710 ...... 40 App.:201 Nov. 10 95–629 ...... 101 ...... 92 3635 ...... 872–875, 877, 885 1979 July 25 96–38 ...... (par. under heading ‘‘General Supply Fund’’) ...... 93 124 ...... 756 note July 30 96–41 ...... 3(d) ...... 93 325 ...... 485 Aug. 15 96–60 ...... 203(c) ...... 93 399 ...... 474 Oct. 10 96–83 ...... 10 ...... 93 652 ...... 474, 481, 487 Oct. 17 96–88 ...... 509(b) ...... 93 695 ...... 40 App.:202 Dec. 14 96–146 ...... 1(2) ...... 93 1086 ...... 166b Dec. 20 96–152 ...... 1(b) ...... 93 1099 ...... Dec. 21 96–154 ...... 718 ...... 93 1155 ...... 483a 1980 Oct. 8 96–399 ...... 402 ...... 94 1667 ...... 461 note Oct. 10 96–432 ...... 2, 4, 6(c) ...... 94 1852, 1853 ...... 193a, 193a note, 193d note Oct. 19 96–470 ...... 101(a), 202(a), 211 ...... 94 2237, 2242, 2246 ...... 50, 514, 610 Dec. 8 96–506 ...... 3 ...... 94 2746 ...... 40 App.:105, 106, 201, 214, 401, 405 Dec. 12 96–514 ...... 108 ...... 94 2972 ...... 131 note 96–515 ...... 505 ...... 94 3005 ...... 874 note Dec. 15 96–527 ...... 718 ...... 94 3084 ...... 483a Dec. 16 96–536 ...... 101(c) [H.R. 7593 (related to expenses of travel by the Office 94 3167 ...... 166a of the Architect of the Capitol)]. Dec. 18 96–545 ...... 2 ...... 94 3215 ...... 40 App.:202 Dec. 22 96–571 ...... 1–5 ...... 94 3341 ...... 795, 795 note, 795a– 795c Dec. 28 96–610 ...... 94 3564 ...... 801 note, 802 note, 809 1981 June 5 97–12 ...... (par. under heading ‘‘General Supply Fund’’) ...... 95 75 ...... 756 note, 756a Aug. 6 97–31 ...... 12(12)–(15) ...... 95 154 ...... 270f, 474, 483a, 484 Aug. 13 97–35 ...... 313(b), 1404, 1822(a) ...... 95 398, 749, 767 ...... 461, 40 App.:105, 201, 401 Oct. 1 97–51 ...... 101(c) [H.R. 4120 (related to expenses of travel by the Office 95 959 ...... 166a of the Architect of the Capitol)]. Dec. 4 97–88 ...... (par under heading ‘‘Appalachian Regional Development 95 1146 ...... 40 App.:401 note Programs’’). Dec. 22 97–98 ...... 1443 ...... 95 1321 ...... 483 Dec. 29 97–114 ...... 717 ...... 95 1581 ...... 483a 97–125 ...... 1–3(2), (3) ‘‘Secs. 111–116(a)(1), (b), 117–119’’, 4 ...... 95 1667, 1671 ...... 801 note, 802, 811, 811 note, 812–819 1982 Apr. 2 97–164 ...... 160(a)(13) ...... 96 48 ...... 330 Oct. 2 97–276 ...... 101(e) [S. 2939 (related to expenses of travel by the Office of 96 1189 ...... 166a the Architect of the Capitol)]. Dec. 21 97–377 ...... 101(c) [title VII, § 717], (f) (related to programs authorized 96 1853, 1906, 1913 ...... 483a, 490c note, 40 by the Appalachian Regional Development Act of 1965), App.:401 note 120. Dec. 29 97–390 ...... 1 ...... 96 1957 ...... 13f, 13l, 13n, 13p 1983 July 14 98–50 ...... (par under heading ‘‘Appalachian Regional Development 97 259 ...... 40 App.:401 note Programs’’). 98–51 ...... (par. under heading ‘‘Travel’’) ...... 97 273 ...... 166a July 30 98–63 ...... 101 (1st–9th sentences in par. under heading ‘‘Consumer In- 97 321 ...... 761 formation Center Fund’’). Oct. 31 98–141 ...... 8 ...... 97 910 ...... 872, 874, 875, 880, 885 Nov. 14 98–151 ...... 112 ...... 97 976 ...... 490c note Nov. 30 98–181 ...... 126(a)(1) ...... 97 1175 ...... 484b Dec. 1 98–191 ...... 8(d), 9(a)(2,), (3) ...... 97 1331 ...... 474, 481, 487 Dec. 8 98–212 ...... 716 ...... 97 1441 ...... 483a 1984 Apr. 18 98–269 ...... 98 156 ...... 270c July 16 98–360 ...... (par under heading ‘‘Appalachian Regional Development 98 418 ...... 40 App.:401 note Programs’’). July 17 98–367 ...... (par. under heading ‘‘Travel’’) ...... 98 482 ...... 166a July 18 98–369 ...... 2713(b) ...... 98 1184 ...... 759 note Oct. 12 98–473 ...... 101(h) [title VIII, § 8013], (j) [H.R. 5798, title IV, § 6, title V, 98 1925, 1963, 2129 ...... 483a, 484, 490c note, § 507], 701, 702. 490d note Oct. 19 98–524 ...... 4(e)(2) ...... 98 2489 ...... 40 App.:214 1985 Nov. 1 99–141 ...... (par under heading ‘‘Appalachian Regional Development 99 577 ...... 40 App.:401 note Programs’’). Nov. 8 99–145 ...... 1241(a) ...... 99 734 ...... 328 Nov. 13 99–151 ...... (par. under heading ‘‘Travel’’) ...... 99 800 ...... 166a Dec. 19 99–190 ...... 101(h) [H.R. 3036, title IV, § 6, title V, § 507], 139 ...... 99 1291, 1323 ...... 490b, 490c note, 490d note Dec. 26 99–218 ...... 99 1729 ...... 13n 1986 Apr. 7 99–272 ...... 15301–15313 ...... 100 335 ...... 901–913 Aug. 22 99–386 ...... 201, 207 ...... 100 822, 823 ...... 484 Oct. 16 99–492 ...... 1 ...... 100 1240 ...... 13n

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Oct. 18 99–500 ...... 101(e) [title IV, par. under heading ‘‘Appalachian Regional 100 1783–210, 1783–287, 166a, 490b, 490c note, Commission’’], (j) [H.R. 5203 (related to use of appropria- 1783–321, 1783–324, 490d note, 751, tions for travel expenses)], (m) [title IV, § 6, title V, § 507, 1783–331, 1783–340, 756b, 757, 40 title VI, § 616, title VIII, §§ 821(a)(1), 832], 151. 1783–345, 1783–352. App.:401 note Oct. 30 99–591 ...... 101(e) [title IV, par. under heading ‘‘Appalachian Regional 100 3341–210, 3341–287, 166a, 490b, 490c note, Commission’’], (j) [H.R. 5203 (related to use of appropria- 3341–321, 3341–324, 490d note, 751, tions for travel expenses)], (m) [title IV, § 6, title V, § 507, 3341–331, 3341–340, 756b, 757, 40 title VI, § 616, title VIII, §§ 821(a)(1), 832], 151. 3341–345, 3341–355. App.:401 note Nov. 7 99–627 ...... 3 ...... 100 3509 ...... 512, 512 notes Nov. 10 99–640 ...... 13(a)–(c) ...... 100 3551 ...... 484d Nov. 14 99–652 ...... 100 3650 ...... 1001, 1001 note, 1002– 1010 99–656 ...... 1 ...... 100 3668 ...... 258a, 258e–1 Nov. 17 99–662 ...... 945 ...... 100 4200 ...... 483d 1987 July 22 100–77 ...... 502(a) ...... 101 510 ...... 484 Aug. 21 100–113 ...... 1–6, 10 ...... 101 735, 747 ...... 1101, 1101 note, 1102– 1105, 1109 Dec. 22 100–202 ...... 101(b) [title VIII, § 8093], (d) [title IV, par. under heading 101 1329–79, 1329–127, 166a, 490 note, 490b, ‘‘Appalachian Regional Commission’’], (f) [title II, § 3], (i) 1329–196, 1329–294, 490c note, 490d [title I, § 4 and par. under heading ‘‘Travel’’], (m) [title 1329–301, 1329–410, note, 756 notes, IV, § 5, title V, § 507, title VI, §§ 616, 619]. 1329–415, 1329–423, 756b, 1003, 40 1329–427. App.:401 note 1988 Jan. 5 100–230 ...... 3 ...... 101 1564 ...... 1003 Jan. 8 100–235 ...... 1, 2, 5–8 ...... 101 1724, 1729 ...... 1441 note Feb. 5 100–242 ...... 524 ...... 101 1939 ...... 462 July 19 100–370 ...... 1(k)(3) ...... 102 849 ...... 483a 100–371 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 102 871 ...... 40 App.:401 note Aug. 22 100–415 ...... 102 1104 ...... 885 Aug. 23 100–418 ...... 5115(c) ...... 102 1433 ...... 490 Sept. 22 100–440 ...... 5, 11, 507 ...... 102 1741, 1742, 1747 ...... 490a–1 note, 490c note, 490d note Oct. 1 100–458 ...... (par. under heading ‘‘Travel’’) ...... 102 2169 ...... 166a Oct. 7 100–480 ...... 102 2328 ...... 816, 1201, 1201 note, 1202–1208 Oct. 28 100–542 ...... 102 2721 ...... 762, 762 note, 762a– 762d Nov. 5 100–612 ...... 102 3180 ...... 471 note, 481, 484, 485, 488, 493 Nov. 15 100–656 ...... 742 ...... 102 3897 ...... 541 Nov. 17 100–678 ...... 1–8 ...... 102 4049 ...... 278a, 318–318b, 601 note, 603, 606, 617– 619, 619 note 100–679 ...... 8 ...... 102 4068 ...... 541 Nov. 18 100–690 ...... 2081(b) ...... 102 4216 ...... 484 1989 Aug. 9 101–73 ...... 744(f), (g) ...... 103 438 ...... 474, 612 Sept. 29 101–101 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 103 663 ...... 40 App.:401 note Nov. 3 101–136 ...... 5, 7, 9, 22, 25, 506 ...... 103 802, 803, 807, 808, 812 490a–1, 490c note, 490d, 490e, 491 note, 757 Nov. 21 101–162 ...... (proviso in par. under heading ‘‘Care of the Building and 103 1010 ...... 13a note Grounds’’). 101–163 ...... (par. under heading ‘‘Travel’’), 106(a), (b) ...... 103 1055, 1056 ...... 166a, 166b–1 1990 Oct. 15 101–427 ...... 104 927 ...... 40 App.:221 Oct. 17 101–434 ...... 104 985 ...... 40 App.:403 Oct. 25 101–462 ...... 104 1079 ...... 13n Nov. 5 101–509 ...... 8, 15, 507 ...... 104 1414, 1415, 1423 ...... 490c note, 490f, 490g note 101–510 ...... 2805 ...... 104 1786 ...... 485 101–514 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 104 2095 ...... 40 App.:401 note 101–520 ...... (par. under heading ‘‘Travel’’) ...... 104 2266 ...... 166a 1991 June 13 102–54 ...... 13(o) ...... 105 278 ...... 612 Aug. 14 102–90 ...... (par. under heading ‘‘Travel’’), 312(f) ...... 105 458, 469 ...... 166a, 184b–184f Aug. 17 102–104 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 105 533 ...... 40 App.:401 note Oct. 28 102–141 ...... 7, 11, 505 ...... 105 856, 862 ...... 490c note, 490f, 490g note Dec. 11 102–216 ...... 105 1666 ...... 1010, 1010 note 102–219 ...... 1 ...... 105 1673 ...... 885 Dec. 18 102–240 ...... 1087 ...... 105 2022 ...... 40 App.:403 1992 Aug. 7 102–336 ...... 106 864 ...... 193v Oct. 2 102–377 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 106 1339 ...... 40 App.:401 note Oct. 6 102–392 ...... (par. under heading ‘‘Travel’’), 311, 318, 324 ...... 106 1714, 1723, 1724, 1726 166a, 193a note, 1204, 1205, 1207 102–393 ...... 5, 13, 505, 528 ...... 106 1750, 1751, 1757, 1760 490b, 490c note, 490f, 490g Oct. 23 102–439 ...... 1 ...... 106 2223 ...... 885 Oct. 24 102–486 ...... 153 ...... 106 2851 ...... 490 1993 Feb. 8 103–4 ...... 1 ...... 107 30 ...... 1201 note Aug. 11 103–69 ...... (par. under heading ‘‘Travel’’) ...... 107 702 ...... 166a Sept. 21 103–82 ...... 202(f) ...... 107 888 ...... 484 Oct. 28 103–123 ...... 5, 7, 505 ...... 107 1246, 1247, 1252 ...... 485, 490c note, 755a 103–126 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 107 1331 ...... 40 App.:401 note Nov. 30 103–160 ...... 2927 ...... 107 1932 ...... 484

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Statutes at Large Chapter or Public U.S. Code Date Law Section Vol- (title 40 unless other- ume Page wise specified)

Dec. 14 103–193 ...... 107 2293 ...... 13n 1994 July 21 103–279 ...... 9 ...... 108 1416 ...... 193r, 193u, 193v July 22 103–283 ...... (par. under heading ‘‘Travel’’) ...... 108 1434 ...... 166a Aug. 26 103–316 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 108 1720 ...... 40 App.:401 note 103–321 ...... 2 ...... 108 1793 ...... 1001 note, 1002, 1003, 1006–1010 Sept. 30 103–329 ...... (par. under heading ‘‘Payment of Government Losses in 108 2387, 2409, 2418 ...... 486a, 490c note, 722a Shipment’’), 505, 611. Oct. 13 103–355 ...... 1555, 4104(b), (c), 7301–7306, 8301(b), 10005(a)(2), (b)(2), 108 3300, 3341, 3382, 3396, 270a, 270a notes, (f)(1), (2). 3406, 3408. 270d–1, 276d, 276d notes, 276d–1— 276d–3, 329, 333, 334, 471 notes, 481, 541 note Nov. 2 103–437 ...... 14(b), (d), (e) ...... 108 4590, 4591 ...... 606, 610, 874, 40 App.:403 1995 Nov. 13 104–46 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 109 416 ...... 40 App.:401 note Nov. 15 104–50 ...... 401–405 ...... 109 463 ...... 1301, 1301 note, 1302– 1304 Nov. 19 104–52 ...... 5, 503, 611 ...... 109 486, 491, 499 ...... 486a, 490c, 490h 104–53 ...... (par. under heading ‘‘Travel’’) ...... 109 527 ...... 166a Dec. 21 104–66 ...... 2091(a) ...... 109 730 ...... 484 Dec. 22 104–68 ...... 1 ...... 109 766 ...... 1101 note 1996 Feb. 10 104–106 ...... 1502(f)(7), 2818(b), 4321(i)(8), 5001, 5002, 5101, 5111–5113, 110 510, 555, 676, 679, 270a note, 485, 759, 5121–5124, 5125(b)–(d), 5126–5128, 5131(a)–(d), 5132, 5141, 685, 686, 689, 691, 1401, 1401 notes, 5142, 5201, 5301–5305, 5311, 5312, 5401–5403, 5607(b), 701, 702. 1411–1413, 1421– 5608(a), 5701. 1428, 1441, 1441 note, 1442, 1451, 1452, 1461, 1471– 1475, 1491, 1492, 1501–1503 Apr. 24 104–132 ...... 803 ...... 110 1305 ...... 137 Apr. 26 104–134 ...... 101(c) [title I, proviso in 1st par. under heading ‘‘John F. 110 1321–193, 1321–198 .... 193n, 872, 872 note Kennedy Center for the Performing Arts’’, title III, § 313]. Aug. 6 104–182 ...... 306 ...... 110 1685 ...... 45 note Aug. 20 104–186 ...... 221(15), (18) ...... 110 1750 ...... 756b, 1003 Sept. 16 104–197 ...... (par. under heading ‘‘Travel’’) ...... 110 2404 ...... 166a Sept. 23 104–201 ...... 823, 1067 ...... 110 2609, 2654 ...... 318c, 490 Sept. 26 104–204 ...... (2d proviso under heading ‘‘Consumer Information Center 110 2916 ...... 761a Fund’’). Sept. 30 104–206 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 110 3000 ...... 40 App.:401 note Sept. 30 104–208 ...... 101(f) [title VI, § 640] ...... 110 3009–365 ...... 1411 note 104–208 ...... 101(e) [title VII, § 709(a)(4), (5)], (f) [title IV, 3d-6th provisos 110 3009–312, 3009–335, 276d–3, 486a, 490, on p. 3009–335, § 407, title VI, § 611, title VIII, § 808(b)]. 3009–337, 3009–355, 612, 872 note, 1401 3009–394. note, 40 App.:214 Oct. 9 104–280 ...... 1 ...... 110 3359 ...... 13n Oct. 19 104–316 ...... 120 ...... 110 3836 ...... 485a, 490 Nov. 12 104–333 ...... 814(d)(1)(G) ...... 110 4196 ...... 805 1997 July 18 105–27 ...... 1 ...... 111 244 ...... 484 Oct. 6 105–50 ...... 111 1167 ...... 484 Oct. 10 105–61 ...... (proviso related to buildings considered to be federally 111 1297, 1300 ...... 481, 490i note owned), 413. Oct. 13 105–62 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 111 1336 ...... 40 App.:401 note Oct. 27 105–65 ...... (last proviso in par. under heading ‘‘Consumer Information 111 1377 ...... 761a Center Fund’’). Nov. 14 105–83 ...... (last proviso in par. under heading ‘‘National Capital 111 1589 ...... 71a note Planning Commission’’). Nov. 18 105–85 ...... 850(f)(2), 852, 1073(h)(4) ...... 111 1849, 1851, 1907 ...... 1441 note, 1492, 1501 Nov. 19 105–95 ...... 4 (related to section 9(3) of the Act of October 24, 1951) ...... 111 2149 ...... 193v 105–100 ...... 157(f) ...... 111 2187 ...... 138 Nov. 26 105–119 ...... 118 ...... 111 2468 ...... 484 1998 June 9 105–178 ...... 1117(c), 1211(b), 1212(a)(2)(B)(iii), 1222 ...... 112 160, 188, 193, 223 ...... 819a, 40 App.:201, 403, 405, 405 note Aug. 7 105–220 ...... 199(a)(4) ...... 112 1059 ...... 40 App.:211 Oct. 7 105–245 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 112 1854 ...... 40 App.:401 note Oct. 21 105–277 ...... 101(h) [title IV, 6th and 9th provisos on p. 2681–502, title VI, 112 2681–502, 2681–513, 490 note, 490b note, §§ 603, 630], 1335(h). 2681–522, 2681–788. 490i, 1106 Oct. 31 105–332 ...... 3(g) ...... 112 3126 ...... 40 App.:214 Nov. 10 105–362 ...... 401(g) ...... 112 3282 ...... 795d Nov. 13 105–393 ...... 201–220(c)(1), 221, 222 ...... 112 3618, 3625 ...... 40 App.:1 note, 2, 101, 105, 106, 202– 208, 211–214, 224, 226, 302, 401, 405 1999 Aug. 17 106–49 ...... 113 231 ...... 270a, 270a notes, 270b Sept. 29 106–60 ...... (par. under heading ‘‘Appalachian Regional Commission’’) 113 498 ...... 40 App.:401 note Oct. 5 106–65 ...... 1067(18) ...... 113 775 ...... 485 Oct. 22 106–78 ...... 752(b)(14) ...... 113 1170 ...... 474 Nov. 29 106–113 ...... 1000(a)(5) [§ 233(a)] ...... 113 1501A–301 ...... 484 Dec. 12 106–168 ...... 301 ...... 113 1821 ...... 484 2000 Oct. 27 106–377 ...... 1(a)(2) (par. under heading ‘‘Appalachian Regional Com- 114 1441A–82 ...... 40 App.:401 note mission’’).

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Statutes at Large Chapter or Public U.S. Code Date Law Section Vol- (title 40 unless other- ume Page wise specified)

Oct. 30 106–398 ...... 1 [§§ 809, 2814] ...... 114 1654A–208, 1654A–419 484, 1492 Nov. 13 106–518 ...... 313 ...... 114 2421 ...... 13n Dec. 21 106–554 ...... 1(a)(3) [§ 643], (7) [§ 307(a)] ...... 114 2763A–169, 2763A–635 258e–1, 490b 2001 Nov. 12 107–67 ...... 630 ...... 115 552 ...... 490b–1 Dec. 28 107–107 ...... 2812 ...... 115 1307 ...... 485 2002 Mar. 12 107–149 ...... 116 ...... 66 40 App.:1 note, 2, 2 note, 101, 102, 104, 106, 202–205, 207, 214, 224, 225, 302, 303, 401, 403, 405.

The SPEAKER pro tempore. Pursu- and agencies and Departments of the The Law Revision Counsel indicates ant to the rule, the gentleman from executive branch. Originally, all com- that he is satisfied that there are no Wisconsin (Mr. SENSENBRENNER) and ments were to be submitted no later substantive changes in the existing law the gentleman from New York (Mr. than September 10, 2001. However, at contained in this bill. Therefore, no ad- NADLER) each will control 20 minutes. the request of the Office of Manage- ditional cost to the government would The Chair recognizes the gentleman ment and Budget, the due date for com- be incurred as a result of the enact- from Wisconsin (Mr. SENSENBRENNER). ments was extended to March 15, 2002, ment of H.R. 2068. In addition, I would GENERAL LEAVE to provide ample time for study and re- note that the chairman and ranking Mr. SENSENBRENNER. Mr. Speak- view. The General Services Adminis- member of the Committee on the Judi- er, I ask unanimous consent that all tration provided extensive comments ciary have co-sponsored this bill. I Members may have 5 legislative days on the bill, and several other agencies therefore encourage members to sup- within which to revise and extend their and Departments of the government port this legislation. remarks and include extraneous mate- also provided comments. Mr. Speaker, I have no further re- rial on H.R. 2068, the bill under consid- The Office of Law Revision Counsel quests for time, and I yield back the eration. reviewed and considered all comments, balance of my time. The SPEAKER pro tempore. Is there contacting parties to resolve out- Mr. SENSENBRENNER. Mr. Speak- objection to the request of the gen- standing questions. Some comments, er, I yield back the balance of my time. tleman from Wisconsin? suggesting substantive changes, could The SPEAKER pro tempore. The There was no objection. not be incorporated in the restatement question is on the motion offered by Mr. SENSENBRENNER. Mr. Speak- because this bill makes no substantive the gentleman from Wisconsin (Mr. er, I yield myself such time as I may change in existing law. Other com- SENSENBRENNER) that the House sus- consume. ments proposing changes to improve pend the rules and pass the bill, H.R. Mr. Speaker, I rise in support of H.R. organization and clarity were incor- 2068, as amended. 2068, a bill to revise, codify, and enact porated in the restatement. The Com- The question was taken; and (two- without substantive change certain mittee on the Judiciary adopted an thirds having voted in favor thereof) general and permanent laws relating to amendment in the nature of a sub- the rules were suspended and the bill, public buildings, property, and works, stitute prepared by the Office of Law as amended, was passed. as title 40, ‘‘Public Buildings, Property, Revision Counsel, which reflects the A motion to reconsider was laid on and Works’’ of the United States Code. changes resulting from the review and the table. The gentleman from Michigan (Mr. comment process. f CONYERS), the ranking minority mem- The Law Revision Counsel indicates MYCHAL JUDGE POLICE AND FIRE ber of the Committee on the Judiciary, that he is satisfied that this legislation CHAPLAINS PUBLIC SAFETY OF- is a cosponsor of this legislation. makes no substantive change in exist- FICERS’ BENEFIT ACT OF 2002 This bill was prepared by the Office ing law. Therefore, no additional cost Mr. SENSENBRENNER. Mr. Speak- of the Law Revision Counsel as part of to the government would be incurred er, I move to suspend the rules and the program required by title 2, United as a result of its enactment. States Code, 285b, to prepare and sub- I urge all members to support this pass the bill (H.R. 3297) to amend the mit to the Committee on the Judici- legislation. Omnibus Crime Control and Safe ary, one title at a time, a complete Mr. Speaker, I reserve the balance of Streets Act of 1968 to ensure that chap- compilation, restatement, and revision my time. lains killed in the line of duty receive of the general and permanent laws of Mr. NADLER. Mr. Speaker, I yield public safety officer death benefits, as the United States. The Committee on myself such time as I may consume. amended. the Judiciary has jurisdiction over the Mr. Speaker, I rise in support of this The Clerk read as follows: revision and codification of the stat- uncontroversial bill. The bill was pre- H.R. 3297 utes of the United States. This bill is a pared, as the distinguished chairman Be it enacted by the Senate and House of Rep- result of the exercise of that jurisdic- mentioned, by the Office of the Law resentatives of the United States of America in Congress assembled, tion. It makes no substantive change Revision Counsel as part of the program required by statute to prepare SECTION 1. SHORT TITLE. in existing law. Rather, it removes am- This Act may be cited as the ‘‘Mychal Judge biguities, contradictions and other im- and submit to the Committee on the Police and Fire Chaplains Public Safety Offi- perfections from existing law and re- Judiciary a complete compilation re- cers’ Benefit Act of 2002’’. peals obsolete, superfluous and super- statement and revision of the general SEC. 2. BENEFITS FOR CHAPLAINS. seded provisions. and permanent laws of the United (a) IN GENERAL.—Section 1204 of the Omnibus Simply stated, enacting title 40 as States, one title at a time. The bill Crime Control and Safe Streets Act of 1968 (42 positive law will make the title easier makes no substantive changes in the U.S.C. 3796b) is amended— and more reliable to use. law. Rather, the bill removes ambigu- (1) by redesignating paragraphs (2) through (7) as (3) through (8), respectively; I introduced the bill on June 6, 2001. ities, contradictions, and other imper- (2) by inserting after paragraph (1) the fol- Upon introduction, the bill was cir- fections from the existing law and re- lowing: culated for comment to interested par- peals obsolete, superfluous, and ‘‘(2) ‘chaplain’ means any individual serving ties including committees of Congress superceded provisions. as an officially recognized or designated member

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.050 pfrm01 PsN: H11PT1 H3394 CONGRESSIONAL RECORD — HOUSE June 11, 2002 of a legally organized volunteer fire department survivors of public safety officers who to access the benefits provided by the or legally organized police department, or an of- are killed in the line of duty. This bill program. ficially recognized or designated public em- addresses any ambiguity in existing These changes would help individ- ployee of a legally organized fire or police de- law by specifically naming chaplains uals, like Father Judge, who as a Fran- partment who was responding to a fire, rescue, or police emergency;’’; and who are in service as being eligible for ciscan Brother could not have a spouse (3) in subparagraph (A) of paragraph (8), as the same benefits as other public serv- and child, but who did leave two sis- redesignated by paragraph (1), by inserting ice officers. ters. Under current law, siblings are after ‘‘firefighter,’’ the following: ‘‘as a chap- Under current law, benefits may only not eligible. Similarly, this legislation lain,’’. be paid to the spouse, child or parent of would help other heroes who perished (b) ELIGIBLE BENEFICIARIES.—Section 1201(a) the deceased. H.R. 3297 allows benefits in the line of duty on September 11 and of such Act (42 U.S.C. 3796(a)) is amended— to be paid to whomever the chaplain left behind loved ones, for example (1) in paragraph (3), by striking ‘‘or’’ at the end; has designated as the beneficiary of his fiances, who are not covered by the ex- (2) by redesignating paragraph (4) as para- or her life insurance policy in the event isting law. graph (5); and that the deceased has no living spouse, This legislation passed the House (3) by inserting after paragraph (3) the fol- child or parent. In the case of Father Committee on the Judiciary and the lowing new paragraph: Judge, the benefit would go to his two full Senate unanimously and without ‘‘(4) if there is no surviving spouse or sur- surviving sisters. controversy. It is endorsed by the Na- viving child, to the individual designated by I urge all Members to support this tional Association of Police Organiza- such officer as beneficiary under such officer’s legislation. tions, the International Association of most recently executed life insurance policy, Mr. Speaker, I reserve the balance of provided that such individual survived such of- Fire Fighters, and the American Fed- ficer; or’’. my time. eration of State, County and Municipal (c) EFFECTIVE DATE.—The amendments made Mr. NADLER. Mr. Speaker, I yield Employees. by this section shall take effect on September 11, myself such time as I may consume. Again I want to thank the gentleman 2001, and shall apply to injuries or deaths that Mr. Speaker, I rise in support of H.R. from Wisconsin (Chairman SENSEN- occur in the line of duty on or after such date. 3297, the Mychal Judge Police and Fire BRENNER); the ranking member, the The SPEAKER pro tempore. Pursu- Chaplains Public Safety Officers’ Ben- gentleman from Michigan (Mr. CON- ant to the rule, the gentleman from efit Act of 2002. I worked closely with YERS); the majority leader, the gen- Wisconsin (Mr. SENSENBRENNER) and the gentleman from Illinois (Mr. MAN- tleman from Texas (Mr. ARMEY); the the gentleman from New York (Mr. ZULLO) on this bill to extend the Public minority leader, the gentleman from NADLER) each will control 20 minutes. Safety Officers Program, PSOP, to Missouri (Mr. GEPHARDT); and, of The Chair recognizes the gentleman chaplains; and I want to thank him, as course, my colleague, the gentleman from Wisconsin (Mr. SENSENBRENNER). well as the gentleman from Wisconsin from Illinois (Mr. MANZULLO), for work- GENERAL LEAVE (Chairman SENSENBRENNER), the ranking so tirelessly to bring this bill to Mr. SENSENBRENNER. Mr. Speak- ing member, the gentleman from the floor. I also want to thank my col- er, I ask unanimous consent that all Michigan (Mr. CONYERS), and the House league, the gentleman from Queens, Members may have 5 legislative days leadership for bringing this bill to the New York (Mr. CROWLEY), for bringing within which to revise and extend their floor. this problem to our attention way back remarks and include extraneous mate- Father Mychal Judge was the pastor in September and for his steadfast sup- rial on H.R. 3297, the bill under consid- of the Church of St. Francis of Assisi port of our firefighters in New York. eration. on West 31st Street in Manhattan and I also would like to thank Senator The SPEAKER pro tempore. Is there the official chaplain of the New York LEAHY for championing the companion objection to the request of the gen- City Fire Department. On September 11 bill in the Senate, as well as the NAPO, tleman from Wisconsin? of last year when the first plane hit the IAFF and AFSCME for advocating There was no objection. Tower 1 of the World Trade Center, Fa- this legislation on behalf of public safe- ther Mike, as he was known, joined his ty officers all across this country. b 1545 fellow firefighters by rushing to the I urge all my colleagues to support Mr. SENSENBRENNER. Mr. Speak- scene. New York City Mayor Rudy this necessary and important legisla- er, I yield myself such time as I may Giuliani later said he saw the chaplain tion. It is a fitting tribute to Father consume. at the World Trade Center and asked Mychal Judge and the more than 400 Mr. Speaker, the events of September him to pray for us. Father Judge was public safety officers who gave their 11 have brought to life the heroism dis- selflessly doing his duty when he was lives protecting American citizens dur- played by our public safety officers and killed by falling pieces of the Trade ing the worst attack ever on American those who assist them in the line of Center Tower. Today is the 9-month soil. duty. This tragedy has also created anniversary of the attack, and I think Mr. MANZULLO. Mr. Speaker, under the many unique and unfortunate situa- it quite fitting that today we honor Fa- Omnibus Crime Control and Safe Streets Act tions that have not been fully con- ther Michael Judge and the many other of 1968, the families of any police officer, fed- templated prior to September 11. In public safety officers who made the ul- eral law enforcement officer, parole officer and these cases, we have a responsibility as timate sacrifice that fateful day in firefighter, killed in the line of duty are entitled a Congress to act so that our laws treat September. Clearly, Father Judge pro- to compensation. These unsung heros will fairly those who die in the line of duty. vided heroic service to our Nation and have the assurance of knowing that in the Father Mychal F. Judge, a priest who ought to be eligible for the PSOP pro- event of their death in the line of duty their years earlier had consoled the families gram. lived ones will be taken care of with the one- of TWA Flight 800 after it exploded off As you know, the PSOP program pro- time $250,000 federal death benefit. The fami- of Long Island and who had gone on a vides financial assistance, counseling lies of police and fire chaplains should be enti- recent peace mission to Northern Ire- and the recognition of a grateful Na- tled to this same benefit. land, had been a chaplain with the New tion to the spouses, children or parents When I first came to Congress in 1993, I York City Fire Department since 1992. of public safety officers killed or per- was approached by a constituent, Rockford He was ministering to the victims at manently injured or those permanently Police Chaplain Father William Wentink, who the World Trade Center when a rain of or totally disabled as a result of trau- asked that I consider working to include in this debris showered upon him, resulting in matic injuries sustained in the line of benefit police and fire chaplains killed in the his death. duty. line of duty. This legislation is given a short name Father Judge is one of several chap- Police and fire chaplains share the same in recognition of Father Judge and his lains who have died in the line of duty on-the-job dangers as their colleagues. These efforts while addressing two concerns since the PSOP program was created. men and women go to work every day and which his situation has brought to This bill would acknowledge their serv- perform their duties diligently and quietly, re- light. Under current law, the Bureau of ice to our country by clarifying their sponding to the same crime and fire scenes Justice Assistance is directed to make eligibility in the PSOP program and by as their co-workers. Most chaplains are volun- payment of monetary benefits to the enabling the designated beneficiaries teers.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 9920 E:\CR\FM\A11JN7.008 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3395 This year, H.R. 3297 is named for one of officer benefits. While no amount of money or parent. I implore the members of this au- our fallen heros, Father Mychal Judge, who, in can replace their fallen brother, Father Judge’s gust body to pass H.R. 3297. response to the vicious September 11th ter- two surviving sisters currently cannot receive Mr. NADLER. Mr. Speaker, I have no rorist attacks, died while serving his city and benefits from this program. This bill, H.R. further requests for time, and I yield his nation in his capacity of a fire chaplain in 3297, will extend Federal death benefits to of- back the balance of my time. the New York Fire Department. However, Fa- ficially designated chaplains of volunteer and Mr. SENSENBRENNER. Mr. Speak- ther Mychal is not the first police or fire chap- professional police and fire departments that er, I have no further requests for time, lain killed in the line-of-duty. We should not were killed in the line of duty. This will broad- and I yield back the balance of my forget the two others who fell before him: First, en the number of eligible beneficiaries. time. William Paris, with the Detroit Police Depart- The bill also addresses the issue of de- The SPEAKER pro tempore (Mr. DAN ment back in the early 1970s, who was killed ceased public safety officers without imme- MILLER of Florida). The question is on when a criminal in a barricade situation de- diate families. Nine public safety officers died the motion offered by the gentleman manded to speak to a chaplain. He was on September 11 without spouses, children, or from Wisconsin (Mr. SENSENBRENNER) gunned down by the perpetrator; second, the surviving parents. H.R. 3297 will expand the that the House suspend the rules and Reverend Bruce Bryan, a police chaplain from Public Safety Officer program to extend death pass the bill, H.R. 3297, as amended. Carson, California who was killed while on benefits to the beneficiary named on the de- The question was taken; and (two- duty. Reverend Bryan was shot four times ceased officer’s life insurance policy. All ex- thirds having voted in favor thereof) execution-style by a person that he and a dep- panded benefits will be effective as of Sep- the rules were suspended and the bill, uty sheriff were driving home. tember 11, 2001. Benefits are intended to pay as amended, was passed. Mr. Speaker, the tragic events of September for burial of the fallen officer and grief coun- A motion to reconsider was laid on 11th have changed the hearts and minds of seling services for the family. the table. the vast majority of people in this great coun- Mr. Speaker, I fully support H.R. 3297 to ex- f try. No longer are we asking our brave emer- tend the current Federal death benefits to the GIVING CONSENT OF CONGRESS gency services personnel to react to random, families of chaplains killed while responding to TO AGREEMENT OR COMPACT but dangerous problems. We have asked police and fire emergencies. I cannot think of BETWEEN UTAH AND NEVADA them to step up and take on those actions a finer way to honor the brave officers that lost REGARDING CHANGE IN BOUND- caused by terrorist attackers. We should not— their lives on September 11, and in other ARIES we cannot—let another Congress go by with- emergency situations. Therefore, I ask my col- out addressing this very important issue. leagues to join me in support of H.R. 3297 to Mr. SENSENBRENNER. Mr. Speak- Mr. Speaker, with that I also want to whole- remember the public safety officers that have er, I move to suspend the rules and heartedly thank Chairman SENSENBRENNER lost their lives in service to our great Nation by pass the bill (H.R. 2054) to give the con- and Representative NADLER, who, along with voting in favor of the bill. sent of Congress to an agreement or the diligent work of their staffers, have helped Mr. GILMAN. Mr. Speaker, I rise in strong compact between Utah and Nevada re- make this near decade-long goal a reality. support of H.R. 3297, amending the Omnibus garding a change in the boundaries of I urge all Members to support this legisla- Crime Control and Safe Streets Act of 1968 to those States, and for other purposes, as tion. ensure that chaplains killed in the line of duty amended. Mr. HOYER. Mr. Speaker, I rise today in receive public safety officer death benefits. The Clerk read as follows: support of H.R. 3297. On September 11th, our Nation witnessed H.R. 2054 the best and the worst of humanity. The des- The Public Safety Officers’ Benefit program Be it enacted by the Senate and House of Rep- was created in 1976 to assist in the recruit- picable and cowardly terrorist acts were val- resentatives of the United States of America in ment and retention of law enforcement offi- iantly countered with the incredible heroism Congress assembled, cers, firefighters and emergency medical tech- and courage of our firefighters, law enforce- SECTION 1. CONSENT TO AGREEMENT OR COM- nicians. But it is much more than a tool for at- ment officers, emergency personnel, and our PACT. tracting and keeping qualified public safety of- fellow citizens. On that day, as in emergencies (a) CONSENT GIVEN.—The consent of the Con- ficers. It is a way of doing what is right by the before and since, men of the cloth such as gress of the United States is given to Utah and men and women who selflessly risk their lives Father Mychal F. Judge were also present to Nevada to enter into an agreement or compact every day to protect each and every one of give comfort to victims and rescuers alike. that meets the following requirements: Sadly, Father Judge was the first confirmed (1) The agreement or compact is consented to us. by the legislatures of Utah and Nevada and The death benefit provides a one-time, lump death on that day of infamy. Accordingly, it is such consent is evidenced through Acts enacted sum payment of $259,038 payable to the sur- incumbent upon our Nation to honor heroes of by the legislatures of Utah and Nevada not later viving spouse, children or parents of a public faith such as Father Judge by bestowing upon than December 31, 2006. safety officer killed in the line of duty. them public safety officer status. I believe that (2) The agreement or compact is not in conflict H.R. 3297 makes a common sense, and it is a fitting tribute to their memory. Accord- with any Federal law. compassionate, change, allowing for an indi- ingly, I urge my fellow colleagues to fully sup- (3) The agreement or compact does not change vidual named on a life insurance policy to report this important measure. the boundary of any other State. ceive the benefit if a deceased officer leaves Ms. JACKSON–LEE of Texas. Mr. Speaker, (4) The agreement or compact does not result I rise today in support of this vital legislation. in the transfer to Nevada of more than a total no surviving child or spouse. of 10,000 acres of lands that are located within Policy officers, firefighters and EMT’s put I personally want to extend my sympathy and Utah on the date of the enactment of this Act. themselves in harm’s way every day without the sympathy of the citizens of the eighteenth (5) The agreement or compact is entered into stopping to consider the race, religion or fam- congressional district of Texas for the families for the primary purpose of changing the bound- ily life of the people they are attempting to that lost loved ones. In particular my condo- aries of Utah and Nevada so that the lands lo- save. We owe it to them to do the same as lences go to the family of Mychal Judge, the cated within the municipal boundaries of the we provide much-needed financial assistance New York Fire Department priest who died in city of Wendover, Utah, on the date of the en- to the loved ones they leave behind. the Twin Towers catastrophe and who the bill actment of this Act, including the municipal air- I urge my colleagues to support this legisla- is named after. My colleague, the gentleman port, shall, after the implementation of the agreement or compact, be located within the tion. from New York, Mr. NADLER sponsored this bill boundaries of Nevada. This paragraph shall not Mr. LARSON of Connecticut. Mr. Speaker, in the Judiciary Committee. prohibit the agreement or compact from includ- on September 11, 2002, Reverend Mychal His reasons for introducing this legislation ing provisions that are reasonably related to the Judge responded to the attack on the World were noble. The legislation should clear up following: Trade Center as a New York City Fire Depart- confusion about whether chaplains qualify for (A) A change in the boundaries of Utah and ment chaplain. He braved the fire, falling de- Federal benefits. This legislation will provide Nevada for the purposes described in this para- bris, and chaos on the scene to administer that if there is no surviving spouse or surviving graph. last rites to victims in the lobby. Father Judge child, any such benefits shall be paid to the (B) Including other Utah lands immediately surrounding the municipal boundaries of paid the ultimate price for his heroic actions; person designated by such officer as a bene- Wendover, Utah, as described in this paragraph, he too lost his life on that tragic day. ficiary under that officer’s most recently exe- in a transfer to Nevada if such inclusion Under the existing Public Safety Officer cuted life insurance policy, provided that such would— Benefit program, chaplains of fire and police person survived such officer. Current law re- (i) facilitate the management of lands trans- departments are not eligible for public safety stricts such beneficiaries to the spouse, child, ferred under the agreement or compact or the

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00097 Fmt 4634 Sfmt 6333 E:\CR\FM\A11JN7.012 pfrm01 PsN: H11PT1 H3396 CONGRESSIONAL RECORD — HOUSE June 11, 2002 placement of the boundaries of Utah or Nevada; Wendover. Though a line drawn down Mr. WATT of North Carolina. Mr. or the main street separates the two Speaker, I yield myself such time as I (ii) minimize the likelihood of future residen- towns and States, they continue to may consume. tial development on remaining Utah lands. share a common culture. Economi- Mr. Speaker, I rise in support of H.R. (C) Any other provision in the agreement or compact regarding a change in ownership of, cally, however, they stand in stark 2054, to provide the consent of Congress management of, or other responsibilities or obli- contrast to one another. to a proposed change in the Utah-Ne- gations related to— Wendover, Utah, was established in vada State boundary. (i) providing State, county, or municipal serv- 1907 and grew from a sleepy railroad H.R. 2054 was introduced by the gen- ices; supply station to a bustling commu- tleman from Utah (Mr. HANSEN) on be- (ii) public utilities; nity during the 1940s, when it acted as half of himself and the gentleman from (iii) public schools; or an Air Force training base for B–29 Nevada (Mr. GIBBONS). The bill pro- (iv) the municipal airport referred to in this vides for congressional consent for the paragraph. bomber crews, including the crew of (6) The agreement or compact is consented to the Enola Gay. Once having a popu- States of Utah and Nevada to enter by a majority of the registered qualified electors lation of nearly 20,000, today into a compact to change the existing who cast a vote on the agreement or compact Wendover’s population has declined to boundaries of those States such that held in each of the cities of West Wendover, Ne- only 1,500 residents, most of them liv- the city of West Wendover, Utah, be vada, and Wendover, Utah, on the date of the ing in adverse economic conditions and within the State of Nevada. regularly scheduled general election for Federal dilapidated housing. The Subcommittee on Commercial office in 2002. The question in the vote held in and Administrative Law and the full each of the cities of West Wendover, Nevada, On the other side of the State line, literally a stone’s throw away, condi- Committee on the Judiciary have re- and Wendover, Utah, under this paragraph solved some issues related to this bill shall contain the same language to the extent tions are vastly different. West allowed by local law. Such language shall ex- Wendover, Nevada’s beginning stems in a way that makes the bill non- plain, with specificity sufficient to inform vot- from a local Wendover resident real- controversial. The bill allows commu- ers, all components of the agreement or compact izing by opening a gas station on the nities within the States of Utah and regarding changes in ownership of, management town’s western edge, he could legally Nevada to resolve a long-standing issue of, or other responsibilities, costs, or obligations operate gaming devices on his prop- of local interest and importance collec- related to— tively by referendum and through their (A) State, county, and municipal social and erty. Many years later his recipe for success has been copied by many, re- elected representatives. public services; I suspect if this were a law school (B) public utilities; sulting in a prosperous town which has (C) land use; a vibrant community life as well as a issue in a law school class, we could (D) community economics; profitable gaming industry. drag this out for a week or two talking about issues of Federalism and various (E) public schools; and For the same reasons West Wendover (F) the local municipal airport. and sundry matters. But in the final has thrived, namely the ability to have (b) EFFECTIVE DATE OF AGREEMENT OR COM- analysis, all politics is local, and all of legalized gaming and a more attractive PACT.—An agreement or compact entered into in the interested parties will have the op- Tax Code for its residents, Wendover accordance with subsection (a) shall become ef- portunity to resolve whatever concerns fective upon the fulfillment of the requirement has stalled. Further growth and devel- they have by referendum, debate them. of subsection (a)(1) without further consent or opment of the Utah portion will be for- And while this is a pretty substantial ratification on the part of the Congress of the ever hindered by those finding the eco- change, when you talk about changing United States. nomic climate of Nevada to be more State boundaries, it is one that we (c) UNITED STATES OWNERSHIP AND JURISDIC- advantageous for living and conducting TION RETAINED.—Nothing in this Act or in the think is justified and certainly eco- business. Passing H.R. 2054 is the first agreement or compact consented to under this nomically in the interests of the local step to fixing the Wendover problem. Act shall be construed to impair or in any man- people, and we support the bill. ner affect the ownership or jurisdiction of the Allowing these two communities to Mr. Speaker, I reserve the balance of United States in and over any lands within the unite will pave the way for an eco- my time. boundaries of Utah or Nevada. nomic jumpstart for Wendover and will Mr. SENSENBRENNER. Mr. Speak- The SPEAKER pro tempore. Pursu- result in additional mutual benefits to er, I yield such time as he may con- ant to the rule, the gentleman from both towns. For example, administra- sume to the distinguished gentleman Wisconsin (Mr. SENSENBRENNER) and tive services that are currently per- from an expanding district in Nevada formed on both sides of the border on a the gentleman from North Carolina (Mr. GIBBONS). (Mr. WATT) each will control 20 min- separate basis could be consolidated, Mr. GIBBONS. Mr. Speaker, I want utes. resulting in more efficient government to begin by thanking the Committee on The Chair recognizes the gentleman and distribution of services, ultimately the Judiciary and especially the gen- from Wisconsin (Mr. SENSENBRENNER). resulting in savings to both Wendovers. tleman from Wisconsin (Chairman SEN- GENERAL LEAVE By simply allowing the border of a SENBRENNER) for taking a good hard Mr. SENSENBRENNER. Mr. Speak- State to be slightly shifted, the people look at this legislation that was pro- er, I ask unanimous consent that all of these communities can work toward posed by my good friend, the gen- Members may have 5 legislative days unification, politically and economi- tleman from Utah (Mr. HANSEN), and within which to revise and extend their cally. During the field briefing we con- myself. remarks and include extraneous mate- ducted, residents of both Wendover and When we first brought this legisla- rial on H.R. 2054, as amended. West Wendover were unified behind one tion to the attention of the chairman The SPEAKER pro tempore. Is there message which was heard time and of the Committee on the Judiciary, the objection to the request of the gen- time again. That message was: ‘‘Let us gentleman from Wisconsin (Mr. SEN- tleman from Wisconsin? be heard.’’ SENBRENNER), I am sure, Mr. Speaker, There was no objection. Through an amendment adopted by he had his doubts about what the Rep- Mr. SENSENBRENNER. Mr. Speak- the Committee on the Judiciary, we resentative from Utah and the Rep- er, I yield myself such time as I may have done that and made any congres- resentative from Nevada had in mind, consume. sional approval of this measure contin- or what these two Westerners were Mr. Speaker, H.R. 2054 gives congres- gent upon the passage of a local ref- even up to. But he took his time to sional consent for the States of Utah erendum on the issue of merging the study this issue, learn about the two and Nevada to enact a compact modi- two towns. H.R. 2054 will truly allow communities, and the Committee on fying the boundary between the two the residents of the communities to be the Judiciary chairman even paid us a States. heard by allowing them to determine visit to the two communities of West Last November, along with the gen- the outcome of their potential union. Wendover, Nevada, and Wendover, tleman from Utah (Mr. HANSEN) and I urge my colleagues to support this Utah. the gentleman from Nevada (Mr. GIB- bill. Let me say to the gentleman from BONS), I had the opportunity to visit Mr. Speaker, I reserve the balance of Wisconsin (Chairman SENSENBRENNER), the towns of Wendover and West my time. we want to thank him for taking a

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.013 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3397 thoughtful look at this bill and hearing Mr. WATT of North Carolina. Mr. under Medicare. That is what the directly from those who will be most Speaker, I yield 5 minutes to the gen- Democrats have been asking for. affected by any potential annexation, tleman from New Jersey (Mr. The Republicans try to give the im- our constituents in both Nevada and PALLONE). pression that they are doing that, but Utah. Mr. PALLONE. Mr. Speaker, let me when we look at what they are actu- Mr. Speaker, so that each of my col- say that I do support the legislation ally promoting, it is nothing more than leagues can get a better understanding and I want to commend my colleagues giving some money to private insur- of this legislation, let me provide a for addressing this issue today. I was ance companies in the hope that some- brief explanation to expand on what I out in Nevada just a week ago, and I how they will cover prescription drugs. believe will be the comments of the was actually on I80. I am not sure I The problem is that not only the Re- gentleman from Utah (Chairman HAN- know why a town in Utah would nec- publicans are not addressing this issue SEN) later on. essarily want to join Nevada; instead, and not bringing it up, but they are First arriving in Washington, D.C., maybe it should be Nevada joining talking about privatizing Medicare. during the 105th Congress, both the Utah or vice versa. In any case, I un- They are talking about perhaps trying communities of Wendover, Nevada, and derstand the importance of the legisla- to cover a few people maybe that are West Wendover, Utah, have approached tion, and both are beautiful States. very low income who do not have preme on the idea of forming a single However, Mr. Speaker, the reason I scription drugs now and maybe cov- Wendover. As the gentleman from Utah am taking to the floor right now is to ering, maybe, at the most, maybe 1 (Chairman HANSEN) will articulate, be- draw attention to the fact that we have million of the 30 million or so seniors cause of the unique circumstance, a number of suspension bills today, in- who do not have any kind of prescrip- these two communities are already vir- cluding this one, which I support. How- tion drug benefit. It is not fair. It is tually a single community, separated ever, many of us on the Democratic not fair. The comment was made by by an invisible line through their com- side of the aisle are very concerned President Bush, by the Republican munity, which happens to divide the over the fact that we are not bringing leadership, that we were going to have State of Utah and the State of Nevada. up what we consider the most impor- a comprehensive prescription drug ben- But where they appear to be virtually tant issue to face this Congress, and efit that all seniors were going to be one, as anybody who has ever driven I– that is the need for a Medicare pre- able to take advantage of, and it is 80 west from Salt Lake City could at- scription drug benefit. I have taken to simply not what we are getting. The other thing is that the Repub- test to, they are not a single commu- the floor many nights during Special licans refuse to talk about the cost nity. Orders, and today during morning hour, and it disturbs me a great deal to issue. The biggest concerns that we b 1600 know that the Republican leadership hear from our constituents is that we As a matter of fact, these two small seems to have come to some sort of pa- are not addressing the cost of prescrip- communities live with an onerous du- ralysis, if you will, on the issue of pre- tion drugs. The prices keep going up. plication of services, including fire, po- scription drugs. There is nothing that the Republicans lice, court systems, as well as separate We all know that our seniors and our have proposed that would actually utility and school systems. There are constituents are crying out for Con- bring prices down and ease the burden, two Wendovers. Each serve as one of gress to address this issue, and yet the if you will, on senior citizens or even the friendliest places out West, but Republican leadership, for over 2 anyone else in the country. Democrats they represent perhaps the least effi- months now, has been talking about have been saying that we need to ad- cient two communities in the West. In- how they are going to bring up a pre- dress that. Democrats are saying we deed, these two communities have been scription drug bill. They said they were would like to have something very exploring the idea of becoming one going to bring it up before the Memo- much like part B now that pays for doctor bills, a very low deductible, a Wendover for several years and, to- rial Day recess, and they did not. They low copayment, 80 percent of the cost gether with the gentleman from Utah said they were going to bring it up the paid for by the Federal Government (Mr. HANSEN), we want to give them week following the Memorial Day re- and giving the power to the Secretary that opportunity. cess, and they have not. Today I read of Health and Human Services to man- To clear up the confusion that often Congress Daily, and it says GOP Drug date to him that he has to bring costs accompanies this legislation, passage Plan to Remain Under Wraps Another down by negotiating prices for all of of H.R. 2054 will not move the State Week. There was talk about unveiling the seniors, 30 million to 40 million boundary. What it will do is give the a bill this week, and now it looks like seniors. This is what needs to be done consent of this body that the two com- it will not be until the following week. munities, through the State govern- and it needs to be done now. But they promise us that they still I do not want to denigrate in any way ments in Nevada and Utah, can begin plan to pass a bill before the July 4 re- this legislation. negotiation of an annexation agree- cess. ment process. The two State legisla- Mr. Speaker, I do not believe it any- POINT OF ORDER Mr. SENSENBRENNER. Mr. Speak- tures would have to ratify one agree- more. I have heard it so many times er, I make a point of order. ment, an agreement which would then, that we are going to address the issue The SPEAKER pro tempore (Mr. DAN and only then, provide for such annex- of prescription drugs, and the Repub- MILLER of Florida). The gentleman will ation and joining of these two commu- lican leadership simply has not state his point of order. nities, as should be agreed to in order brought up the bill. They have not Mr. SENSENBRENNER. Mr. Speak- to take place. brought it up in committee and they er, the gentleman’s discussion is not Mr. Speaker, this legislation is not a have not brought it up on the floor. germane to the subject of H.R. 2054. mandate on the communities. This No- Most disturbing of all, we hear that The SPEAKER pro tempore. Does the vember, both West Wendover, Nevada the proposal that they are thinking gentleman make a point of order that and Wendover, Utah will vote on the about is really nothing more than the comments are not relevant under referendum to determine how they throwing some money, like a voucher, clause I of rule XVII? wish to proceed on this issue, and this if you will, to private insurance compa- Mr. SENSENBRENNER. That is cor- is exactly how the gentleman from nies, rather than providing a com- rect. The debate is not relevant to the Utah (Mr. HANSEN) and I envision the prehensive Medicare drug benefit. We bill that is under discussion. process of carrying this out. Let the have a very good government program Mr. PALLONE. Mr. Speaker, if I local communities decide their fate called Medicare where seniors get their could be heard on the point of order. and give Congress the ability to pro- hospitalization, seniors get their doc- The SPEAKER pro tempore. The gen- vide our consent by supporting H.R. tor bills paid for. All we have to do, tleman from New Jersey (Mr. PALLONE) 2054. and this is what the Democrats have is recognized on the point of order. Mr. Speaker, I thank the chairman been saying, all we have to do is ex- Mr. PALLONE. Mr. Speaker, as I said and the Committee on the Judiciary, pand Medicare to provide for a pre- before, my intention is not to deni- and I urge support for this bill. scription drug benefit guaranteed grate this bill. I believe that this is a

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.052 pfrm01 PsN: H11PT1 H3398 CONGRESSIONAL RECORD — HOUSE June 11, 2002 very important bill. I understand the The approach of this legislation is to high cost of prescription drugs and the comments that were made by my col- empower the local communities with millions of seniors who need help pay- league from Nevada earlier about why their future destiny. For State bound- ing for them. it is important for these two towns to aries to change under the Constitution, POINT OF ORDER get together and have the opportunity Congress must grant its consent, which Mr. SENSENBRENNER. Mr. Speak- to join together and perhaps both be is what H.R. 2054 would do. It is a pro- er, I make a point of order. part of the great State of Nevada. spective ratification of an interstate The SPEAKER pro tempore. The gen- My only point is that as much as agreement between the two affected tleman will state his point of order. that is an important bill, and I support States which would meet certain Mr. SENSENBRENNER. Mr. Speak- it, we need to address the issue of pre- criterias specified in the text of this er, I will reiterate the same point of scription drugs as well. I am going to bill. order I made with the previous speak- say that it is very upsetting to me and Under the bill, both States would er: The debate does not relate to H.R. those of us on the Democratic side of have to ratify one agreement, an agree- 2054. The rules are quite plain that in the aisle that we continue to see these ment that both sides would agree is ac- motions to suspend the rules it must. suspensions come up, which are really ceptable. At any point, either State The SPEAKER pro tempore. The gen- not controversial, but the Republican could walk away from the process and tlewoman from Nevada is recognized on leadership refuses to bring up a pre- the boundary would not be moved. The the point of order. scription drug bill. wisdom of this approach is that what- Ms. BERKLEY. Mr. Speaker, I think The SPEAKER pro tempore. The ever agreement is reached and would it is equally important to the people in Chair is prepared to rule. inherently be acceptable to both sides, Wendover and West Wendover as we are As stated on p. 706 of the House Rules this approach removes Congress and improving their economy to also be and Manual, ‘‘On a motion to suspend the Federal Government from getting discussing the very serious situation of the rules, debate is confined to the ob- involved in the financial details of a prescription medication benefit in ject of the motion and may not range what is essentially a State and local Medicare. to the merits of a bill not scheduled for matter. Mr. SENSENBRENNER. Mr. Speak- such consideration.’’ While some people, perhaps many er, I demand the regular order. The point of order is sustained. map publishers, may wince at the idea Mr. SENSENBRENNER. Mr. Speak- The SPEAKER pro tempore. The of creating a little ‘‘jog’’ in this nice er, I yield such time as he may con- Chair is prepared to rule. straight line that currently divides sume to the gentleman from the As stated earlier, in the House Rules Utah and Nevada, I would point out shrinking district from Utah (Mr. HAN- and manual on page 706, ‘‘On a motion that quite often, boundaries are artifi- SEN). to suspend the rules, debate is confined Mr. HANSEN. Mr. Speaker, I thank cial creations of man in trying to deal to the object of the motion and may the chairman of the Committee on the with political problems and realities. not range to the merits of a bill not Judiciary for yielding me this time. I Sometimes in the interest of bettering scheduled for such consideration.’’ am the other side of Wendover. I am people’s lives, it may be necessary to As such, the point of order is sus- the Bangladesh side and Mr. GIBBONS is revisit the initial dividing up of land tained. the Paris, France side. But I have rep- between political subdivisions. This The Chair recognizes the gentle- resented that poor side for almost 21 may indeed be one of those times, and woman from Nevada (Ms. BERKLEY). years now or more, and it is Tooele this bill supports the rights of the local Ms. BERKLEY. Mr. Speaker, while it County, and it has been a privilege for people affected to make these impor- makes no sense that Wendover and me to represent the good people out tant decisions. West Wendover should be separated, it there who are very fine citizens and I would really like to thank the gen- also makes no sense in this country very fine Americans. tleman from Wisconsin (Mr. SENSEN- not to provide a prescription medica- The greater Wendover community is BRENNER), the chairman of the Com- tion benefit within Medicare. divided socially, economically, and po- mittee on the Judiciary, for the hard Mr. WATT of North Carolina. Mr. litically by the location of the Utah- work on this legislation and for him Speaker, I yield 3 minutes to the gen- Nevada State boundary. Although the taking the time to go to Wendover and tleman from Connecticut (Mr. LARSON). two communities have grown side by see firsthand the situation. I would Mr. LARSON of Connecticut. Mr. side for decades, knowing where the also like to thank my chief cosponsor, Speaker, I thank the gentleman for boundaries lie, it seems that some of the gentleman from Nevada (Mr. GIB- yielding me this time. the practical challenges faced by every BONS), who represents the Nevada side Mr. Speaker, I am here to rise in small town is amplified by this par- of the border, and the ranking member, strong support of this legislation. I un- ticular area because of the unique mix the gentleman from Michigan (Mr. derstand the inherent interest of West of circumstances. The area is very re- CONYERS) for his cooperation; the sub- Wendover and Wendover and how im- mote and, on the Utah side, is bordered committee chairman, the gentleman portant it is for them to be connected. by the Bonneville Salt Flats and other from Georgia (Mr. BARR), and the rank- I applaud the gentleman from Utah public lands which severely limit the ing member, the gentleman from North (Mr. HANSEN), as he always does in his ability of the Utah community to grow Carolina (Mr. WATT) for their efforts as first rate and capable manner of bring- in the future. In just about every cat- well. ing forward the interests of his con- egory of public services, there is an in- Mr. Speaker, I think this will take stituents here to the floor of Congress. efficient duplication: Two separate po- care of a problem for a little city. It This is a difficult situation, but not lice departments, two separate fire de- seems that we always worry about the unlike many situations that we face in partments, duplicate utility systems, big cities and never about the little this Nation. In the case of prescription separate public school systems, sepa- ones, and maybe this will give us a drug relief, for example, people in our rate local court systems, and the list chance to show a very small commu- country feel like they are refugees goes on and on. nity that we do care about them. from their own health care system. Finally, there are several recurring Mr. WATT of North Carolina. Mr. problems involving support for the Speaker, I yield 5 minutes to the gen- b 1615 Wendover Airport on the Utah side. tlewoman from Nevada (Ms. BERKLEY). POINT OF ORDER For as long as I can remember, it has Ms. BERKLEY. Mr. Speaker, today Mr. SENSENBRENNER. Mr. Speak- been a running joke that one way to we are here discussing H.R. 2054, a bill er, I make the point of order that the correct a lot of these problems is just that relates to the compact between gentleman’s debate is not confined to to redraw the State boundary to put Utah and Nevada regarding a change in or relating to H.R. 2054, once again. Wendover, Utah into Nevada. Last the boundaries. This is a good bill. It is Mr. WATT of North Carolina. May I year, Wendover, Utah Mayor Steve important to the people that live in be heard on the point of order, Mr. Perry and some of the council members both States and in the cities of West Speaker? approached Congress about exploring Wendover and Wendover, but this Con- The SPEAKER pro tempore (Mr. DAN this very unique idea. gress should also be focusing on the MILLER of Florida). The gentleman will

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.055 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3399 confine his remarks to the pending bill West Wendover should be entitled to dent-setting, and it is precedent-set- before this House. prescription drug benefits, a point, by ting in that in fact the Congress is giv- Mr. LARSON of Connecticut. Mr. the way, which I agree with, the bill ing the say to the people of these two Speaker, my point was as much as, just itself is not controversial; and I there- communities on whether or not they as people in between the lines, the cur- fore strongly encourage my colleagues want the State line adjusted. If either rent lines that exist in Utah and Ne- to vote in favor of the bill and support of the communities says, no way, we do vada and between East Wendover and the bill. not want to have that, then this whole Wendover, find a difficulty with what I commend the gentleman from Ne- issue is moot and everybody who wants they are presented with, this is analo- vada (Mr. GIBBONS) and the gentleman to talk about this issue will forever gous to what people are up against in from Utah (Mr. HANSEN) for bringing it hold their peace. this country. Many seniors in my dis- forward. It is nice to know that the With that, I urge the passage of this trict have to travel from Connecticut gentleman from Utah (Mr. HANSEN) be- bill. to Canada to seek prescription drug re- lieves in gerrymandering. I am just Mr. Speaker, I yield back the balance lief. sorry that he did not bring this early of my time. POINT OF ORDER enough to get these people out of Utah The SPEAKER pro tempore. The Mr. SENSENBRENNER. Mr. Speak- soon enough that we would not have to question is on the motion offered by er, I must once again reiterate my have fought with Utah about whether the gentleman from Wisconsin (Mr. point of order. these residents were there for this cen- SENSENBRENNER) that the House sus- The SPEAKER pro tempore. The sus, and we would not be all the way up pend the rules and pass the bill, H.R. Chair will insist that the gentleman in the United States Supreme Court ar- 2054, as amended. from Connecticut keep his comments guing with Utah about whether they The question was taken; and (two- on the bill before the House today. As deserve a new congressional district or thirds having voted in favor thereof) the Chair has ruled previously, the gen- North Carolina deserves a new congres- the rules were suspended and the bill, tleman will confine his comments to sional district. as amended, was passed. the bill that is presently before the But that is kind of far afield, too. A motion to reconsider was laid on House. They did not get that done in time to the table. resolve that dispute, but it is still a Mr. LARSON of Connecticut. Mr. f Speaker, I again would just point out good bill. I encourage my colleagues to MESSAGE FROM THE PRESIDENT that East Wendover is a desolate min- support it. Mr. Speaker, I yield back the balance ing town of only about 1,500 residents A message in writing from the Presi- of my time. dent of the United States was commu- and is largely in debt. Several public Mr. SENSENBRENNER. Mr. Speak- hearings have been held by the city nicated to the House by Ms. Wando er, I yield myself the balance of my Evans, one of his secretaries. councils on the east and west to deter- time. mine whether East Wendover should be Just to get back on track, Mr. Speak- f annexed to West Wendover. er, let me say that what H.R. 2054 does MYCHAL JUDGE POLICE AND FIRE Opposition to the annexation has is that it says that at the general elec- CHAPLAINS PUBLIC SAFETY OF- emerged primarily from residents and tion in November of this year, the resi- FICERS’ BENEFIT ACT OF 2002 business interests in West Wendover dents of Wendover, Utah, and West Mr. SENSENBRENNER. Mr. Speak- concerned with the economic impact of Wendover, Nevada, will vote on a plan acquiring East Wendover’s debt. er, I ask unanimous consent to take of merger, a marriage contract, if you from the Speaker’s table the Senate Supporters argue that the acquisi- will. If the voters in both communities tion of East Wendover’s airport, which bill (S. 2431) to amend the Omnibus support this procedure, then the next Crime Control and Safe Streets Act of once housed the Enola Gay, would at- step is to have the Utah and Nevada 1968 to ensure that chaplains killed in tract more tourists to the city’s casi- legislatures consider whether or not the line of duty receive public safety nos. Although there has been no vocal the State lines should be adjusted so officer death benefits, and ask for its opposition to the annexation based on that Wendover, Utah, would be put into immediate consideration in the House. disagreement with Nevada’s more lib- the State of Nevada. eral laws, most published reports note Nevada has got a provision in its The Clerk read the title of the Senate the large presence of a Mormon popu- State constitution that delineates the bill. lation in Utah. boundaries of the State. Should both The SPEAKER pro tempore. Is there And again these are the problems States approve it, there would have to objection to the request of the gen- that the citizens face here. Again, I be an amendment proposed by the two tleman from Wisconsin? would like to commend the gentleman sections of the State legislature and There was no objection. from Utah (Mr. HANSEN) for the out- approved by the voters of the State of The Clerk read the Senate bill, as fol- standing job that he has done rep- Nevada in the general election of 2006. lows: resenting his constituents. I only hope Should that all happen, then the S. 2431 that other constituents across this State boundary would be adjusted, be- Be it enacted by the Senate and House of Rep- country who struggle with similar cause the consent of Congress would be resentatives of the United States of America in kinds of issues, though they are not given in advance under these proce- Congress assembled, specific to these lines, but when we dures through the enactment of H.R. SECTION 1. SHORT TITLE. cross boundary lines for prescription 2054. And should that happen, this will This Act may be cited as the ‘‘Mychal drugs and turn people that otherwise be the first time since 1863 that a State Judge Police and Fire Chaplains Public Safe- ty Officers’ Benefit Act of 2002’’. would be able to receive them—— boundary was changed for a reason Mr. SENSENBRENNER. Mr. other than the fact that the river con- SEC. 2. BENEFITS FOR CHAPLAINS. (a) IN GENERAL.—Section 1204 of the Omni- Speaker—— stituting the boundary between two bus Crime Control and Safe Streets Act of The SPEAKER pro tempore. The gen- States has changed course. 1968 (42 U.S.C. 3796b) is amended— tleman will suspend. In 1863, during the Civil War, as we (1) by redesignating paragraphs (2) through Mr. LARSON of Connecticut. It com- all know, the Congress admitted West (7) as (3) through (8), respectively; plicates the problem. I thank the Chair Virginia as a State, carving the loy- (2) by inserting after paragraph (1) the fol- for his indulgence and I yield back the alist counties of the Commonwealth of lowing: balance of my time. Virginia out of that Commonwealth ‘‘(2) ‘chaplain’ includes any individual Mr. WATT of North Carolina. Mr. and establishing them as a separate serving as an officially recognized or des- Speaker, I yield myself such time as I State. So what we are doing here is set- ignated member of a legally organized volunteer fire department or legally organized po- may consume. ting in motion something that might lice department, or an officially recognized Mr. Speaker, this is not a controver- not have happened in our country for or designated public employee of a legally sial bill, and despite the fact that a 140 years. organized fire or police department who was number of my colleagues feel strongly So even though this bill is non- responding to a fire, rescue, or police emer- that the residents of Wendover and controversial, it is somewhat prece- gency;’’; and

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.059 pfrm01 PsN: H11PT1 H3400 CONGRESSIONAL RECORD — HOUSE June 11, 2002 (3) in subparagraph (A) of paragraph (8), as The SPEAKER pro tempore. Pursu- offensive materials may be found in a redesignated by paragraph (1), by inserting ant to the rule, the gentleman from cereal box. after ‘‘firefighter,’’ the following: ‘‘as a chap- Wisconsin (Mr. SENSENBRENNER) and I urge my colleagues to support this lain,’’. the gentlewoman from Wisconsin (Ms. legislation. (b) ELIGIBLE BENEFICIARIES.—Section Mr. Speaker, I reserve the balance of 1201(a) of such Act (42 U.S.C. 3796(a)) is BALDWIN) each will be recognized for 20 amended— minutes. my time. (1) in paragraph (3), by striking ‘‘or’’ at the The Chair recognizes the gentleman Ms. BALDWIN. Mr. Speaker, I yield end; from Wisconsin (Mr. SENSENBRENNER). myself such time as I may consume. (2) by redesignating paragraph (4) as para- GENERAL LEAVE Mr. Speaker, I am pleased to be the graph (5); and Mr. SENSENBRENNER. Mr. Speak- lead Democrat on H.R. 2621, the Con- (3) by inserting after paragraph (3) the fol- er, I ask unanimous consent that all sumer Product Protection Act of 2002. I lowing new paragraph: Members may have 5 legislative days want to recognize and thank the gen- ‘‘(4) if there is no surviving spouse or sur- tlewoman from Pennsylvania (Ms. viving child, to the individual designated by within which to revise and extend their such officer as beneficiary under such offi- remarks and include extraneous mate- HART) for introducing the bill and for cer’s most recently executed life insurance rial on H.R. 2621, the bill under consid- her excellent work on this issue. I want policy, provided that such individual sur- eration. to thank the chairman and ranking vived such officer; or’’. The SPEAKER pro tempore. Is there member of the Subcommittee on (c) EFFECTIVE DATE.—The amendments objection to the request of the gen- Crime, Terrorism and Homeland Secu- made by this section shall take effect on tleman from Wisconsin? rity for their help in bringing this bill September 11, 2001, and shall apply to inju- There was no objection. to the floor; and of course, I thank the ries or deaths that occur in the line of duty Mr. SENSENBRENNER. Mr. Speak- chairman and ranking member of the on or after such date. er, I yield myself such time as I may full committee for their support of this The Senate bill was ordered to be consume. bill. read a third time, was read the third Mr. Speaker, H.R. 2621, the Consumer I also want to recognize the staff who time, and passed, and a motion to re- Product Protection Act of 2002, would have worked hard to bring this legisla- consider was laid on the table. prohibit any person from knowingly tion to the floor. Their work behind A similar House bill (H.R. 3297) was stamping, printing, placing, or insert- the scenes makes this House function laid on the table. ing any writing in or on any consumer effectively. I urge my colleagues to f product prior to its sale without the support and pass this legislation today. Mr. Speaker, over the last several CONSUMER PRODUCT PROTECTION consent of the manufacturer, dis- years, consumers have been finding of- ACT OF 2002 tributor, or retailer of such product. Under current law, tampering with a fensive materials attached to or in- Mr. SENSENBRENNER. Mr. Speak- product’s packaging is not illegal, as serted inside the packaging of a variety er, I move to suspend the rules and long as it does not cause the labeling of products. Most of these inserts are pass the bill (H.R. 2621) to amend title to be false or misleading or endanger material that is offensive in nature. 18, United States Code, with respect to the health or safety of consumers. Con- They are racist, anti-Semitic, or anti- consumer product protection, as sumer protection laws, therefore, fail gay. Finding offensive material can be amended. to address conduct which, although it shocking, but it is especially objection- The Clerk read as follows: does not adulterate the actual product able when a child opens a box and finds H.R. 2621 or alter its labeling, is still harmful to offensive, even pornographic, material Be it enacted by the Senate and House of Rep- business and consumers. inside. resentatives of the United States of America in Product tampering transforms busi- Responding to customer complaints, Congress assembled, nesses’ desirable products into vehicles manufacturers have sought law en- SECTION 1. SHORT TITLE. for undesirable messages. Businesses forcement help to address this problem. This Act may be cited as the ‘‘Consumer Prod- should be able to control the messages However, it has become clear that law uct Protection Act of 2002’’. associated with their products, and enforcement officials lack the author- SEC. 2. UNAUTHORIZED PLACEMENT OF WRITING persons who interfere with those prod- ity to prosecute these crimes under WITH A CONSUMER PRODUCT. ucts and harm the image of their com- State or Federal law. Both the FBI’s (a) IN GENERAL.—Section 1365 of title 18, and the FDA’s offices of criminal in- United States Code, is amended— pany should be prosecuted. (1) by redesignating subsections (f) and (g) as Recent product tampering cases have vestigations do not believe they have (g) and (h) respectively; shown that adults and children across the current authority to prosecute (2) by inserting after subsection (e) the fol- the country have been subjected to vio- these crimes. lowing new subsection: lent, racist, gory, or otherwise offen- The Consumer Product Protection ‘‘(f)(1) Whoever knowingly stamps, prints, sive materials placed between layers of Act would address this gap in Federal places, or inserts any writing in or on any con- packaging. Leaflets have been found law and give authorities the tools they sumer product that affects interstate or foreign that attack African Americans, praise need to investigate and prosecute these commerce, or the box, package, or other con- the Holocaust, and encourage the kill- acts. Only two States, California and tainer of any such product, prior to its sale to any consumer, shall be fined under this title or ing of immigrants. This legislation will New Jersey, currently have laws pro- imprisoned not more than one year, or both. appropriately punish those who know- hibiting this practice. This bill would ‘‘(2) This subsection shall not apply in any ingly insert these materials into prod- amend the Federal Anti-Tampering Act case in which the manufacturer, retailer, or dis- uct containers by making it a criminal by making it a crime for a person to tributor of the product in the due course of busi- act. place any writing, either on the outside ness consents to the stamping, printing, placing, Just one company, Kraft Foods, esti- of a package or the inside, prior to its or inserting of a writing.’’; and mates that they have received nearly sale to a consumer. (3) in subsection (h) (as redesignated by para- 100 complaints in the last 5 years, but There are exceptions in this bill for graph (1))— (A) in paragraph (3)(D), by striking ‘‘and’’; also believe many more cases have promotional and sales purposes if al- (B) in paragraph (4), by striking the period gone unreported. The manufacturers lowed by the manufacturer, dis- and inserting ‘‘; and’’; and have concluded, after investigation, tributor, or retailer. To address some (C) by adding after paragraph (4) the fol- that many of these materials are concerns about the appropriateness of lowing: placed in the packaging once the prod- punishments, the committee and sub- ‘‘(5) the term ‘writing’ means any form of rep- ucts have left their control. Often, the committee modified the original legis- resentation or communication (including hand- products are tampered with while in relation to make the crime a mis- bills, notices, or advertising) that contains let- tail stores or are bought, tampered demeanor instead of a felony. ters, words, graphic, or pictorial representa- I am pleased to be an original cospon- tions.’’. with, and later returned. (b) CONFORMING AMENDMENT.—Section Parents can monitor their children’s sor of this bill and strongly urge the 2332b(g)(3) of title 18, United States Code, is television shows, the music they listen House to pass this bill. amended by striking ‘‘1365(g)(3)’’ and inserting to, and the books they read; but they Mr. Speaker, I reserve the balance of ‘‘1365’’. cannot be expected to anticipate that my time.

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.063 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3401 Mr. SENSENBRENNER. Mr. Speak- nating this activity as criminal under (H.R. 2880) to amend laws relating to er, I yield such time as she may con- the statute. Second, it empowers the the lands of the citizens of the sume to the gentlewoman from Penn- offended manufacturer to address the Muscogee (Creek), Seminole, Cherokee, sylvania (Ms. HART), the author of this complaints and concerns of their cus- Chickasaw, and Choctaw Nations, his- bill. tomers and regain the confidence of torically referred to as the Five Civ- Ms. HART. Mr. Speaker, I also rise in those consumers which they could lose ilized Tribes, and for other purposes, as support, obviously, of the Consumer through no fault of their own. And fi- amended. Product Protection Act of 2002. I am nally, it provides for punishment for The Clerk read as follows: pleased that the committee has chosen those who commit these acts and puts H.R. 2880 to take action on it so quickly. others on notice that this type of be- Be it enacted by the Senate and House of Rep- Protecting consumers has always havior will not be tolerated. resentatives of the United States of America in been an important issue for the Con- I again thank my colleagues, the gen- Congress assembled, gress. It is also an issue I worked on as tlewoman from Wisconsin (Ms. BALD- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. a State senator. I am pleased today to WIN), for joining me in sponsoring this (a) SHORT TITLE.—This Act may be cited as continue that important work. important legislation, and especially the ‘‘Five Nations Indian Land Reform Act’’. (b) TABLE OF CONTENTS.—The table of con- This act addresses an issue that is a the gentleman from Wisconsin (Mr. tents of this Act is as follows: result of a shortfall of the current Fed- SENSENBRENNER) for helping us bring it Sec. 1. Short title; table of contents. eral anti-tampering act. Under that to the floor. I urge my colleagues to Sec. 2. Findings. act, it is a crime for an individual to support it as well. Sec. 3. Purposes. alter the label of a product or harm the Ms. JACKSON-LEE of Texas. Mr. Speaker, Sec. 4. Definitions. safety of a consumer. It is not, how- I rise to support H.R. 2621, Consumer Product TITLE I—RESTRICTIONS; REMOVAL OF ever, a crime to place an unwanted Protection Act. Current consumer protection RESTRICTIONS item in or on a product without caus- legislation was enacted in response to the im- Sec. 101. Restrictions on real property. ing harm to that product. balances in the marketplace, which concerned Sec. 102. Reinvestment of proceeds from condemnation or conveyance of b 1630 consumers. Consumers now have greater access to a variety of goods and services. A restricted property. For example, a message on a piece of Sec. 103. Trust funds. consumer who learns how to protect himself is Sec. 104. Period of restrictions. paper placed inside a cereal box but less likely to be harmed. Sec. 105. Removal of restrictions. outside of that product’s inner bag is Taking into account the needs of consumers Sec. 106. Exemptions from prior claims. not a violation of current law. Some- and recognizing that consumers often face im- Sec. 107. Fractional interests. one could walk into your local market, balances, consumers have the right of access TITLE II—ADMINISTRATIVE APPROVAL slip pornographic material into the to non-hazardous products. We should de- OF CONVEYANCES, PARTITIONS, packaging of a food product without velop, strengthen and maintain a strong con- LEASES, AND MORTGAGES; MANAGE- MENT OF MINERAL INTERESTS actually opening that package, and not sumer protection policy. We should provide or Sec. 201. Approval authority for convey- be charged with a crime. To any con- maintain adequate infrastructure to develop, sumer, the package would look per- ances and leases. implement and monitor consumer protection Sec. 202. Approval of conveyances. fectly fine without any evidence of policies and laws. Sec. 203. Reimposition of restrictions on re- tampering. The fact that this is not a Consumers participate in competitive retail stricted property conveyed to crime seems ludicrous. That is why we markets. Consumers’ ability to choose among Indian housing authorities. are here today, to close this loophole in uniform disclosures of terms of service, prices, Sec. 204. Administrative approval of parti- the law. and relevant attributes of consumer products. tion in kind. Sec. 205. Surface leases. Imagine opening a box of cake mix, Vigilant enforcement against unfair or decep- finding a piece of literature with hate- Sec. 206. Secretarial approval of mineral tive business practices is critical to ensure that leases or agreements. filled messages and racial slurs; even consumers obtain the benefits of competition. Sec. 207. Management of mineral interests. worse, imagine if your child opened the H.R. 2621 Consumer Product Protection Act Sec. 208. Mortgages. package, finding such material. That is of 2002, amends the Federal criminal code to TITLE III—PROBATE, HEIRSHIP DETER- just the story we heard in our hearings prohibit the placement of a writing in or on a MINATION, AND OTHER PROCEEDINGS from Tracey Weaver about her 10-year- consumer product prior to its sale to any con- AFFECTING TITLE TO RESTRICTED old son. The flyer in the box that he sumer without the consent of the product man- PROPERTY opened read that he had won a free va- ufacturer, distributor, or retailer. Subjects viola- Sec. 301. Actions affecting restricted property. cation, but on the back it contained ra- tors to a fine, imprisonment of up to one year, cial hate material. Sec. 302. Heirship determinations and pro- or both. Therefore, I urge my colleagues to bates. Incidents such as this happen all too support this bill. Sec. 303. Actions to cure title defects. often. Kraft Foods, for example, had Ms. BALDWIN. Mr. Speaker, I have Sec. 304. Involuntary partitions of restricted stated that there had been more than no further requests for time, and I property. 100 reported incidents in the past 5 yield back the balance of my time. Sec. 305. Requirements for actions to cure years. This accounts for only one com- Mr. SENSENBRENNER. Mr. Speak- title defects and involuntary partitions. pany and only the incidents that were er, I have no further requests for time, reported. Perhaps the greatest injus- Sec. 306. Pending State proceedings. and I yield back the balance of my TITLE IV—MISCELLANEOUS tice here is that when consumers such time. as Mrs. Weaver contact those manufac- Sec. 401. Regulations. The SPEAKER pro tempore (Mr. DAN Sec. 402. Validation of certain transactions; turers, the manufacturers as well as MILLER of Florida). The question is on savings clause. law enforcement were unable to re- the motion offered by the gentleman Sec. 403. Repeals. spond in any way because it was not from Wisconsin (Mr. SENSENBRENNER) Sec. 404. Secretarial trust responsibility. against the law. The authorities could that the House suspend the rules and Sec. 405. Representation by attorneys for not trace the source of the problem be- pass the bill, H.R. 2621, as amended. the Department of the Interior. cause they had no authority to do so Sec. 406. Filing requirements; constructive The question was taken; and (two- notice. under the Federal Anti-Tampering Act thirds having voted in favor thereof) Sec. 407. Publication of designated officials. because it was not a crime, again, to the rules were suspended and the bill, Sec. 408. Rule of construction. place such material in a box. as amended, was passed. Sec. 409. Transmission of power from Indian This bill would criminalize those ac- A motion to reconsider was laid on lands in Oklahoma. tions. It clearly states that placing un- Sec. 410. Authorization of appropriations. the table. Sec. 411. Effective date. authorized material in or on a product f is a crime under the Anti-Tampering SEC. 2. FINDINGS. Congress makes the following findings: Act. The legislation accomplishes FIVE NATIONS INDIAN LAND REFORM ACT (1) Since 1970, Federal Indian policy has en- three things: First, it ensures that law couraged Indian self-determination and eco- enforcement has the ability to pursue Mr. HANSEN. Mr. Speaker, I move to nomic self-sufficiency. The exercise of Fed- and prosecute the perpetrator by desig- suspend the rules and pass the bill eral instrumentality jurisdiction by the

VerDate 11-MAY-2000 04:45 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.065 pfrm01 PsN: H11PT1 H3402 CONGRESSIONAL RECORD — HOUSE June 11, 2002 Oklahoma State courts over the Indian prop- final Indian rolls of the Five Civilized Tribes, Indian electing to take at partition or pur- erty that is subject to Federal restrictions regardless of whether such person is an en- chasing such property, together with certifi- against alienation belonging to enrollees and rolled member of one of the Five Nations. cation on said deed by the Secretary that the descendants of enrollees whose names appear (6) RESTRICTED PROPERTY.—(A) The term requirements of this paragraph have been on the final Indian rolls of the Muscogee ‘‘restricted property’’ means any right, title, met. (Creek), Seminole, Cherokee, Chickasaw, and or interest in real property owned by an In- SEC. 102. REINVESTMENT OF PROCEEDS FROM Choctaw Nations, historically referred to as dividual Indian that is subject to a restric- CONDEMNATION OR CONVEYANCE the Five Civilized Tribes, but now referred to tion against alienation, conveyance, lease, OF RESTRICTED PROPERTY. as the Five Nations, is inconsistent with mortgage, creation of liens, or other encum- (a) REQUIREMENT.—Upon the conveyance of that policy. brances imposed by this Act and other laws the restricted property of an Individual In- (2) It is a goal of Congress to recognize the of the United States expressly applicable to dian pursuant to this Act, or upon the con- Indian land base as an integral part of the the property of enrollees and lineal descend- veyance or condemnation of such property culture and heritage of Indian people. ants of enrollees on the final Indian rolls of pursuant to section 3 of the Act of March 3, (3) The exercise of Federal instrumentality the Five Civilized Tribes. 1901 (25 U.S.C. 357) or other Federal laws gen- jurisdiction by the courts of the State of (B) The term ‘‘restricted property’’ in- erally applicable to the condemnation of In- Oklahoma over conveyances and inheritance cludes, without limitation, those interests in dian trust or restricted property, the Sec- of restricted property belonging to Indi- the estate of a decedent Individual Indian retary shall use any proceeds from such con- vidual Indians— who died prior to the effective date of this veyance or condemnation to purchase from a (A) is costly, confusing, and cumbersome, Act that were, immediately prior to the de- willing seller other property designated by and effectively prevents any meaningful In- cedent’s death, subject to restrictions such Individual Indian, and such designated dian estate planning, and unduly com- against alienation imposed by the laws of property shall be restricted property if— plicates the probating of Indian estates and the United States but that had not, as of the (1) such proceeds were deposited into a seg- other legal proceedings relating to Indi- effective date of this Act— regated trust fund account under the super- vidual Indians and their lands; and (i) been the subject of a final order deter- vision of the Secretary at the request of the (B) has impeded the self-determination and mining the decedent’s heirs and distributing Individual Indian; economic self-sufficiency of Individual Indi- the restricted property issued by a State dis- (2) such Individual Indian provides a writ- ans within the exterior boundaries of the trict court or a United States district court; ten statement to the Secretary for payment Five Nations. (ii) been conveyed by heirs by deed ap- of all or a portion of such proceeds for pur- proved in State district court; chase of property to be held in restricted sta- SEC. 3. PURPOSES. (iii) been conveyed by heirs of less than tus; The purposes of this Act are as follows: one-half degree of Indian blood with or with- (3) such Individual Indian has not executed (1) To correct the disparate Federal treat- out State district court approval; or a written waiver of his or her right to ac- ment of individual allotted lands of Indi- (iv) been the subject of Secretarial ap- quire other property in restricted status pur- vidual Indians that resulted from prior Fed- proval of removal of restrictions. suant to section 101; eral legislation by equalizing the Federal (C) The term ‘‘restricted property’’ does (4) such restrictions appear in the convey- legislative treatment of restricted and trust not include Indian trust allotments made ance to the Individual Indian with certifi- lands. pursuant to the General Allotment Act (25 cation by the Secretary that the require- (2) To eliminate unnecessary legal and bu- U.S.C. 331 et seq.) or any other trust prop- ments of this section have been met; reaucratic obstacles that impede the highest erty. (5) such property is located within the and best use of restricted property belonging (7) SECRETARY.—The term ‘‘Secretary’’ State of Oklahoma; and to Individual Indians. means the Secretary of the Interior or the (6) the Secretary determines that there are (3) To provide for an efficient process for designee of the Secretary of the Interior. no existing liens or other encumbrances the administrative review and approval of (8) TRUST PROPERTY.—The term ‘‘trust which would substantially interfere with the conveyances, voluntary partitions, and property’’ means Indian property, title to use of the property. leases, and to provide for Federal adminis- which is held in trust by the United States (b) FAIR MARKET VALUE IN EXCESS OF PRO- trative proceedings in testate and intestate for the benefit of an Individual Indian or an CEEDS.—If the fair market value of any prop- probate and other cases that involve the re- Indian Nation, provided that such property erty designated under subsection (a) exceeds stricted property of Individual Indians, was acquired in trust by the United States the amount of proceeds that are derived from which concern the rights of Individual Indi- under the authority of the Act of June 18, the conveyance or condemnation of such ans to hold and acquire such property in re- 1934 (25 U.S.C. 461 et seq.) (commonly known property, a specific tract of land within the stricted and trust status. as the ‘‘Indian Reorganization Act’’) or the property shall be designated by the Indi- (4) To transfer to the Secretary the Fed- Act of June 26, 1936 (25 U.S.C. 501 et seq.) vidual Indian for placement in restricted sta- eral instrumentality jurisdiction of the (commonly known as the ‘‘Oklahoma Indian tus. Such restrictions shall appear on the Oklahoma State courts together with other Welfare Act’’), within the boundaries of the face of the deed with certification by the authority currently exercised by such courts State of Oklahoma. Secretary describing that portion of the over the conveyance, devise, inheritance, TITLE I—RESTRICTIONS; REMOVAL OF property which is subject to restrictions. lease, encumbrance, and certain voluntary RESTRICTIONS (c) RULE OF CONSTRUCTION.—The provisions partition actions involving restricted prop- of subsections (a) and (b) of this section shall erty belonging to such Individual Indians. SEC. 101. RESTRICTIONS ON REAL PROPERTY. (a) APPLICATION.—Beginning on the effec- apply to the reinvestment of proceeds de- SEC. 4. DEFINITIONS. tive date of this Act, all restricted property rived from the conveyance or condemnation In this Act: shall be subject to restrictions against alien- of restricted property of an Individual Indian (1) FIVE NATIONS.—The term ‘‘Five Na- ation, conveyance, lease, mortgage, creation pursuant to the Act of March 2, 1931, as tions’’ means the Cherokee Nation, the of liens, or other encumbrances, regardless of amended by the Act of June 30, 1932 (25 Chickasaw Nation, the Choctaw Nation of the degree of Indian blood of the Individual U.S.C. 409a), where such reinvestment occurs Oklahoma, the Seminole Nation of Okla- Indian who owns such property. after the effective date of this Act. homa, and the Muscogee (Creek) Nation, col- (b) CONTINUATION.— SEC. 103. TRUST FUNDS. lectively, which were historically referred to (1) IN GENERAL.—Any restricted property, (a) IN GENERAL.—All funds and securities as the ‘‘Five Civilized Tribes’’. including any restricted property referred to held or supervised by the Secretary derived (2) INDIAN COUNTRY.—The term ‘‘Indian in subsection (a), shall remain restricted from restricted property or Individual Indian country’’ has the meaning given that term in property notwithstanding the acquisition of trust property on or after the effective date section 1151 of title 18, United States Code, such property by an Individual Indian by in- of this Act, including proceeds from any con- which includes restricted property and trust heritance, devise, gift, or exchange. veyance or condemnation as provided for in property as such terms are defined in this (2) WITH WAIVER.—Any restricted property, section 102, are deemed to be held in trust Act. including any restricted property referred to and shall remain subject to the jurisdiction (3) INDIAN NATION.—The term ‘‘Indian Na- in subsection (a), shall remain restricted of the Secretary. tion’’ means one of the individual Five Na- property upon the acquisition of such prop- (b) USE OF FUNDS.—Funds, securities, and tions referred to in paragraph (1). erty by an Individual Indian by election to proceeds described in subsection (a) may be (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ take at partition or by purchase, but only released upon approval or expended by the has the meaning given that term in section if— Secretary for the use and benefit of the Indi- 4(e) of the Indian Self-Determination and (A) prior to the execution of the deed vidual Indians to whom such funds, securi- Education Assistance Act (25 U.S.C. 450b(e)). transferring such restricted property, the In- ties, and proceeds belong, under such rules (5) INDIVIDUAL INDIAN.—The term ‘‘Indi- dividual Indian who owned such property and regulations as the Secretary shall pre- vidual Indian’’ means a member or citizen of prior to such election to take or purchase scribe. one of the individual Five Nations referred executes a written waiver of his or her right SEC. 104. PERIOD OF RESTRICTIONS. to in paragraph (1), an enrollee on the final to acquire other property in restricted status Subject to the provisions of this Act that Indian rolls of the Five Civilized Tribes, or pursuant to section 102; and permit restrictions to be removed, the period an individual who is a lineal descendant by (B) such restrictions appear in the deed of restriction against alienation, convey- blood of an Indian ancestor enrolled on the transferring such property to the Individual ance, lease, mortgage, creation of liens, or

VerDate 11-MAY-2000 04:45 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.066 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3403 other encumbrances of restricted property the county clerk of the county where the (A) include evidence satisfactory to the and funds belonging to Individual Indians, is property is situated; provided that such deed Secretary that the homebuyer’s contract has hereby extended until an Act of Congress de- must be executed by the applicant and ap- been paid in full; and termines otherwise. proved by the Secretary. (B) be delivered to the Secretary not later SEC. 105. REMOVAL OF RESTRICTIONS. TITLE II—ADMINISTRATIVE APPROVAL OF than 5 years after the housing authority con- (a) PROCEDURE.— CONVEYANCES, PARTITIONS, LEASES, veys such property back to the original Indi- (1) APPLICATION.—An Individual Indian who AND MORTGAGES; MANAGEMENT OF vidual Indian homebuyer or an Individual In- owns restricted property, or the legal guard- MINERAL INTERESTS dian assignee or successor of the original In- dividual Indian homebuyer. ian of a minor Individual Indian or of an In- SEC. 201. APPROVAL AUTHORITY FOR CONVEY- (b) EXISTING LIENS.—Prior to issuing a cer- dividual Indian who has been determined to ANCES AND LEASES. tificate under subsection (a) with respect to be legally incompetent by a court of com- The Secretary shall have exclusive juris- petent jurisdiction (including a tribal court), property, the Secretary may require the diction to approve conveyances and leases of elimination of any existing liens or other en- may apply to the Secretary for an order re- restricted property by an Individual Indian moving restrictions on any interest in re- cumbrances which would substantially inter- or by any guardian or conservator of any In- fere with the use of the property. stricted property owned by such Individual dividual Indian who is a ward in any guard- (c) APPLICATION TO CERTAIN HOMEBUYERS.— Indian. The application shall be considered ianship or conservatorship proceeding pend- Individual Indian homebuyers described in by the Secretary only as to the tract, tracts, ing in any court of competent jurisdiction, subsection (a) who acquired ownership of or severed mineral or surface interest de- except that petitions for such approvals that property prior to the effective date of this scribed in the application. are filed in Oklahoma district courts prior to Act shall have 5 years from such effective (2) CONSIDERATION OF APPLICATION.—Not the effective date of this Act shall be heard date to request that the Secretary issue a later than 90 days after the date on which an and adjudicated by such courts pursuant to certificate under such subsection. application referred to in paragraph (1) is the procedures described in section 1 of the (d) RULE OF CONSTRUCTION.—Nothing in submitted to the Secretary, the Secretary Act of August 4, 1947 (61 Stat. 731, chapter this Act shall be construed to limit or affect shall either issue the removal order or dis- 458), as in effect on the day before the effec- the rights of Individual Indians described in approve the application. tive date of this Act, unless the Individual this section under other Federal laws and (3) DISAPPROVAL BY VIRTUE OF MISSED DEAD- Indian, guardian, or conservator dismisses regulations relating to the acquisition and LINE.—If the application referred to in para- the petition or otherwise objects to the con- status of trust property. graph (1) is not approved within 90 days of veyance or lease prior to final court ap- SEC. 204. ADMINISTRATIVE APPROVAL OF PARTI- submission to the Secretary, the application proval. TION IN KIND. shall be deemed to have been disapproved SEC. 202. APPROVAL OF CONVEYANCES. (a) PARTITION IN KIND OF TRUST PROP- pursuant to paragraph (4)(B). Such dis- (a) PROCEDURE.— ERTY.— URISDICTION approval of the application shall be subject (1) IN GENERAL.—The Secretary may ap- (1) J .—The Secretary shall have to review in accordance with the Adminis- prove the conveyance of interests in re- exclusive jurisdiction to approve the parti- trative Procedures Act (5 U.S.C. 701 et seq.), stricted property by an Individual Indian— tion in kind of trust property pursuant to and the Secretary’s regulations governing (A) after the property is appraised by the paragraph (2), where all of the undivided –in- administrative appeals. Secretary; terests in such property are held in trust. (4) DISAPPROVAL.—The Secretary shall dis- (B) for an amount that is not less than 90 (2) APPROVAL ORDER.—The Secretary may issue an order approving the partition in approve an application pursuant to para- percent of the appraised value of the prop- kind of trust property described in paragraph graph (2) if— erty; (1) after receiving an application pursuant to (A) in the Secretary’s judgment, the appli- (C) to the highest bidder through the sub- –subsection (d)(1) and satisfying the require- cant has been subjected to fraud, undue in- mission to the Secretary of closed, silent ments of subsection (d), paragraphs (2) and fluence, or duress by a third party; or bids or negotiated bids; and (3), if— (B) the Secretary determines it is other- (D) upon the approval of the Secretary. (A) the Individual Indian owners of more wise not in the Individual Indian owner’s (2) APPROVAL OF DEED.—No deed conveying than 50 percent of the total undivided inter- best interest. an interest in restricted property shall be est in the property approve a plan to parti- (b) REMOVAL OF RESTRICTIONS.—When an valid unless the Secretary’s approval is en- tion such property; and order to remove restrictions becomes effec- dorsed on the face of such deed. (B) the Secretary finds the plan to be rea- tive under subsection (a), the Secretary shall (b) EXCEPTION.— sonable, fair, and equitable. issue a certificate describing the property (1) IN GENERAL.—Notwithstanding sub- (3) RULE OF CONSTRUCTION.—This sub- and stating that the Federal restrictions section (a)(2)(B), the Secretary may approve section shall not apply to trust property if 1 have been removed. the conveyance of restricted property, or any or more of the undivided interests referred to (c) SUBMISSION OF LIST.—Not later than portion thereof, by an Individual Indian to April 1 of each year, the Secretary shall in paragraph (1) are held in trust for an In- any of the individuals described in paragraph dian Nation. cause to be filed with the county treasurer of (2) without soliciting bids, providing notice, each county in the State of Oklahoma where (b) PARTITION IN KIND OF PROPERTY COM- or for consideration which is less than the PRISED OF UNDIVIDED TRUST AND NONTRUST restricted property is situated, a list of re- appraised value of the property, if the Sec- stricted property that has lost its restricted INTERESTS.— retary determines that the conveyance is not (1) JURISDICTION.—The Secretary shall have status during the preceding calendar year in contrary to the best interests of the Indi- accordance with the provisions of this Act. jurisdiction to approve deeds for the parti- vidual Indian and that the Individual Indian tion in kind of property comprised of undi- The Secretary shall also cause such list to be has been duly informed of and understands filed in the appropriate land titles and vided trust and nontrust interests, held in the fair market appraisal, and is not being common ownership by at least 1 Individual records offices designated by the Secretary coerced into the conveyance. pursuant to section 406(a). Indian and 1 or more co-owners. (2) INDIVIDUALS.—An individual described (2) APPROVAL OF PARTITION DEEDS.—The (d) RULE OF CONSTRUCTION.—Nothing in in this paragraph is limited to the Individual this section shall be construed to— Secretary may issue an order approving the Indian spouse, father, mother, brother or sis- partition in kind of all or a portion of the (1) abrogate valid existing rights to prop- ter, son, daughter or other lineal descendant, erty that is subject to an order to remove re- property described in paragraph (1) after re- aunt or uncle, cousin, niece or nephew, or In- ceiving an application pursuant to sub- strictions under this section; and dividual Indian co-owner. section (d)(1) and satisfying the require- (2) remove restrictions on any other re- SEC. 203. REIMPOSITION OF RESTRICTIONS ON ments of subsection (d), paragraphs (2) and stricted property owned by the applicant. RESTRICTED PROPERTY CONVEYED (3), if— SEC. 106. EXEMPTIONS FROM PRIOR CLAIMS. TO INDIAN HOUSING AUTHORITIES. (A) a plan described in subsection (d)(2) or Sections 4 and 5 of the Act of May 27, 1908 (a) IN GENERAL.— (d)(3) is approved in writing by all of the (35 Stat. 312, chapter 199), shall apply to all (1) CERTIFICATE OF RESTRICTED STATUS.—In owners; and restricted property. any case where the restrictions have been re- (B) the Secretary finds the plan to be rea- SEC. 107. FRACTIONAL INTERESTS. moved from restricted property for the pur- sonable, fair, and equitable. Upon application by an Individual Indian pose of allowing conveyances of the property (c) PARTITION OF RESTRICTED PROPERTY.— owner of an undivided unrestricted interest to Indian housing authorities to enable such (1) JURISDICTION.—The Secretary shall have in property of which a portion of the inter- authorities to build homes for individual jurisdiction to approve deeds for the parti- ests in such property is restricted as of the owners or relatives of owners of restricted tion in kind of property some or all of which effective date of this Act, the Secretary shall property, the Secretary shall issue a Certifi- consists of undivided interests in restricted forthwith convert that unrestricted interest cate of Restricted Status describing the property. into restricted status if all of the undivided property and imposing restrictions thereon (2) APPROVAL OF PARTITION DEEDS.—The interests in the property are owned by Indi- upon written request by the Individual In- Secretary may— vidual Indians as of the date of the applica- dian homebuyer or an Individual Indian suc- (A) approve the partition in kind of all or tion under this section. The conversion into cessor in interest to such homebuyer. a portion of the property described in para- restricted status shall be effective upon the (2) REQUEST FOR CERTIFICATE.—The request graph (1) after receiving an application pur- date of filing of a restricted form deed with referred to in paragraph (1) shall— suant to subsection (d)(1) and satisfying the

VerDate 11-MAY-2000 04:45 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.066 pfrm01 PsN: H11PT1 H3404 CONGRESSIONAL RECORD — HOUSE June 11, 2002 requirements of subsection (d), paragraphs pursuant to the Act of August 9, 1955 (25 shall be valid as to such property until such (2) and (3); and U.S.C. 415 et seq.), section 105 of the Amer- order is submitted to and approved by the (B) secure and approve appropriate deeds ican Indian Agricultural Resource Manage- Secretary. from all Individual Indian owners if— ment Act (25 U.S.C. 3715), and section 219 of (3) NOTICE.—Notice of any hearing or any (i) a plan described in subsection (d)(2) or the Indian Land Consolidation Act (25 U.S.C. order pending before the Oklahoma Corpora- (d)(3) is approved in writing by all of the In- 2218). tion Commission affecting restricted or trust dividual Indians who own an undivided re- SEC. 206. SECRETARIAL APPROVAL OF MINERAL property shall be furnished to the Secretary stricted interest in the property; and LEASES OR AGREEMENTS. of the Interior not less than 30 days prior to (ii) the Secretary finds the plan to be rea- (a) APPROVAL.— the date of the hearing or the approval of the sonable, fair, and equitable. (1) GENERAL RULE.—No lease or agreement order by the Commission. (3) CONTINUATION OF RESTRICTED STATUS.— purporting to convey or create any mineral (4) RULE OF CONSTRUCTION.—To the extent The restricted status of any property ac- interest in restricted or trust property that that an interest in any such well is not required by an Individual Indian by deed ex- is entered into or renewed after the effective stricted property, the authority of the Sec- change for the purpose of effecting a parti- date of this Act shall be valid unless ap- retary over the restricted mineral interest tion plan shall remain restricted pursuant to proved by the Secretary. shall be exercised in conjunction with the section 101(b)(1). Any property acquired by (2) REQUIREMENTS.—The Secretary may ap- Oklahoma Corporation Commission’s au- an Individual Indian by purchase for the pur- prove a lease or agreement described in para- thority over such nonrestricted interest. pose of effecting a partition plan shall re- graph (1) only if— Nothing in this subsection shall be construed main restricted if the requirements of sec- (A) the Individual Indian owners of a ma- to grant to the State of Oklahoma regu- tion 101(b)(2) are met. jority of the undivided interest in the re- latory jurisdiction over the protection of the (d) PROCEDURES.— stricted or trust mineral estate that is the environment and natural resources of re- (1) APPLICATION.—An owner or owners of an subject of the lease or agreement (including stricted property, except to the limited ex- undivided interest in any trust property de- any interest covered by a lease or agreement tent granted by this subsection. scribed in subsections (a)(1) or (b)(1) or any executed by the Secretary under subsection (b) IMPLEMENTATION OF FEDERAL OIL AND restricted property described in subsection (c)) consent to the lease or agreement; GAS ROYALTY MANAGEMENT ACT.—Beginning (c)(1) may make written application, on a (B) the Secretary determines that approv- on the effective date of this Act, the Sec- form approved by the Secretary, for the par- ing the lease or agreement is in the best in- retary shall exercise all the duties and re- tition in kind of the restricted property or terest of the Individual Indian owners of the sponsibilities of the Secretary under the trust property described in the application. restricted or trust mineral interests; and Federal Oil and Gas Royalty Management (2) DETERMINATION.—If, based on an appli- (C)(i) the Secretary has accepted the high- Act of 1982 (30 U.S.C. 1702 et seq.) with re- cation submitted under paragraph (1), the est bid for such lease or agreement after a spect to an oil and gas lease where— Secretary determines that the property in- competitive bidding process has been con- (1) the Secretary has approved the oil and volved is susceptible to partition in kind, the ducted by the Secretary, or gas lease pursuant to section 206(a); Secretary shall initiate partition of the (ii) the Secretary has determined that it is (2) the Secretary has, prior to the effective property by— in the best interest of the Individual Indian date of this Act, approved the oil and gas (A) notifying the owners of such deter- owners to award a lease made by negotia- lease pursuant to the Act of May 27, 1908 (35 mination; tion, and the Individual Indian owners so Stat. 312, chapter 199); or (B) providing the owners with a partition consent in writing. (3) the Secretary has, before the effective plan; and (b) EFFECT OF APPROVAL.—Upon the ap- date of this Act, approved an oil and gas (C) affording the owners a reasonable time proval of a lease or agreement by the Sec- lease of lands of any of the Five Nations pur- to respond, object, or consent in accordance retary under subsection (a), the lease or suant to the Act of May 11, 1938 (25 U.S.C. with subsections (a)(2)(A), (b)(2)(A), or agreement shall be binding upon all owners 396a et seq.). (c)(2)(B). of the restricted or trust undivided interests SEC. 208. MORTGAGES. (3) PROPOSED LAND DIVISION PLAN.—The subject to the lease or agreement and all An Individual Indian may mortgage re- Secretary shall give applicants and all other other parties to the lease or agreement, to stricted property only in accordance with owners of property subject to a partition ap- the same extent as if all of the owners of the and under the authority of the Act of March plication under this section a reasonable op- restricted or trust mineral interests involved 29, 1956 (25 U.S.C. 483a). portunity to negotiate a proposed land divi- had consented to the lease or agreement. (c) EXECUTION OF LEASE OR AGREEMENT BY TITLE III—PROBATE, HEIRSHIP DETER- sion plan for the purpose of securing owner- SECRETARY.—The Secretary may execute a MINATION, AND OTHER PROCEEDINGS ship of a tract on the property equivalent to mineral lease or agreement that affects re- AFFECTING TITLE TO RESTRICTED their respective interests in the undivided stricted or trust property interests on behalf PROPERTY estate, prior to taking any action related to of an Individual Indian owner if that owner SEC. 301. ACTIONS AFFECTING RESTRICTED partition in kind of the property under this is deceased and the heirs to, or devisees of, PROPERTY. section. The Secretary may facilitate the ne- the interest of the deceased owner have not The Secretary shall have jurisdiction over gotiations for a land division plan. been determined, or if the heirs or devisees actions affecting title to, or use or disposi- (4) CONVEYANCES.—After the Secretary has have been determined but one or more of the tion of, trust property or restricted property. approved a partition pursuant to subsection heirs or devisees cannot be located. The United States district courts in the (a), (b), or (c), the Secretary shall issue or (d) DISTRIBUTION OF PROCEEDS.—The pro- State of Oklahoma and the courts of the approve any orders, deeds, or instruments of ceeds derived from a mineral lease or agree- State of Oklahoma shall have jurisdiction conveyance necessary to complete the parti- ment approved by the Secretary under sub- over actions affecting title to, or use or dis- tion. section (a) shall be distributed in accordance position of, trust property or restricted prop- (e) AUTHORITY OF SECRETARY TO CONSENT with the interest held by each owner pursu- erty only to the extent expressly authorized TO PLAN OF PARTITION ON BEHALF OF CERTAIN ant to such rules and regulations as may be by this Act or by other Federal laws applica- OWNERS.—The Secretary may give written promulgated by the Secretary. ble to trust property or restricted property. consent to a plan of partition— (e) COMMUNITIZATION AGREEMENTS.—Re- SEC. 302. HEIRSHIP DETERMINATIONS AND PRO- (1) pursuant to subsections (a)(2)(A), stricted or trust mineral interests under- BATES. (b)(2)(A), or (c)(2)(B)(1) on behalf of any lying property located within a spacing and (a) JURISDICTION.—The Secretary shall owner of an undivided interest if— drilling unit approved by the Oklahoma Cor- have exclusive jurisdiction to probate wills (A) the owner is deceased and the heirs to, poration Commission shall not be drained of or otherwise determine heirs of deceased In- or devisees of, the interest of the deceased any oil or gas by a well within such unit dividual Indians and to adjudicate all such owner have not been determined; without a communitization agreement pre- estate actions to the extent that they in- (B) the heir or devisee referred to in para- pared and approved by the Secretary. In the volve individual trust property, restricted graph (1) has been determined but cannot be event of any such drainage without a property, or trust funds or securities held or located; or communitization agreement approved by the supervised by the Secretary derived from (C) the owner is a minor, non compos Secretary, 100 percent of all revenues derived such property, subject to the following ex- mentis, or otherwise under legal disability from the production from any such re- ceptions: (unless a guardian or conservator possesses stricted or trust property shall be paid to the (1) The Secretary shall not have jurisdic- the authority to approve a plan of partition Individual Indian owner free of all drilling, tion over such estate actions that are pend- on behalf of the owner); and lifting, and other production costs. ing in the courts of the State of Oklahoma as (2) pursuant to subsections (b)(2)(A) and SEC. 207. MANAGEMENT OF MINERAL INTERESTS. provided in section 306 on the effective date (c)(2)(B) on behalf of any Individual Indian (a) OIL AND GAS CONSERVATION LAWS.— of this Act. owner who cannot be located if the owners of (1) IN GENERAL.—Except as otherwise pro- (2) The Secretary shall not have jurisdic- 50 percent or more of the individual interest vided in this Act, the oil and gas conservation over any estate for which a final order consent to such a plan. tion laws of the State of Oklahoma shall of probate or determination of heirs was SEC. 205. SURFACE LEASES. apply to restricted property. issued by a court of the State of Oklahoma The Secretary may approve leases of re- (2) APPROVAL.—No order of the Corporation or a United States district court prior to the stricted property by an Individual Indian Commission affecting restricted property effective date of this Act.

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(b) GOVERNING LAWS.—Notwithstanding the execution or procurement of the will, the to the effective date of this Act and in ac- any other provision of law, the Secretary Secretary is authorized, within 1 year after cordance with applicable Federal laws, con- shall have jurisdiction and authority under the death of the testator, to cancel approval veyed, leased, or otherwise encumbered his this section and sections 1 and 2 of the Act of the will. If an approval is canceled in ac- or her interest in the restricted property of of June 25, 1910 (25 U.S.C. 372 and 373, respec- cordance with the preceding sentence, the an unprobated estate of an Individual Indian tively) to determine heirs, approve and pro- property purported to be disposed of in the decedent may request that the Secretary debate wills, and distribute restricted prop- will shall descend or be distributed as prop- termine the heirs of the decedent in order to erty, trust property, and trust funds in es- erty of an intestate decedent under para- establish marketable title in said grantee. tates of Individual Indian decedents, subject graph (2). (3) DETERMINATION REQUIRED.—Upon re- to the following requirements: (5) FEDERAL LAW CONTROLS.—Notwith- ceipt of an application made under para- (1) LAW APPLICABLE TO ESTATES OF INDI- standing any other provision of this section, graph (2), the Secretary shall determine the VIDUAL INDIAN DECEDENTS WHO DIED INTES- Federal law governing personal claims heirs in accordance with the provisions of TATE PRIOR TO EFFECTIVE DATE.—The admin- against the estate of a deceased Individual section 302. istrative law judge or other official des- Indian or against trust property or restricted (4) GRANTEE.—For purposes of this sub- ignated by the Secretary shall apply the property, including the restrictions imposed section the term grantee shall include any laws of the State of Oklahoma governing de- by this Act or other applicable Federal law grantee, lessee, or mortgagee of such heir scent and distribution in force on the date of against the alienation, conveyance, lease, and any successors or assigns of such grant- the decedent’s death to all restricted prop- mortgage, creation of liens, or other encum- ee. erty, trust property, and trust funds or secu- brances of trust property, restricted prop- SEC. 304. INVOLUNTARY PARTITIONS OF RE- rities derived from such property in the es- erty, and trust funds and securities shall STRICTED PROPERTY. tates of deceased Individual Indians who died apply to all such assets contained in the es- (a) PETITION; JURISDICTION AND APPLICABLE intestate prior to the effective date of this tate of the deceased Individual Indian. LAW; REQUIREMENTS.— Act. (1) PETITIONS.—Subject to the provisions of SEC. 303. ACTIONS TO CURE TITLE DEFECTS. (2) LAW APPLICABLE TO ESTATES OF INDI- subsection (d), any person who owns any un- VIDUAL INDIAN –DECEDENTS WHO DIE INTESTATE (a) JURISDICTION.—Except as provided in divided interest in a tract of property con- ON OR AFTER EFFECTIVE DATE.—The adminis- subsections (b) and (c), the United States dis- sisting entirely or partially of undivided re- trative law judge or other official designated trict courts in the State of Oklahoma and stricted interests, regardless of the size of by the Secretary shall apply the following the State courts of Oklahoma shall retain ju- that person’s interest in the whole tract, laws to all restricted property, trust prop- risdiction over actions seeking to cure de- may file an action in the United States dis- erty, and trust funds or securities derived fects affecting the marketability of title to trict court in the district wherein the tract from such property in the estates of deceased restricted property. is located or the Oklahoma State district Individual Indians who die intestate on or (b) ADVERSE POSSESSION.—No cause of ac- court for the county wherein the tract is lo- after the effective date of this Act: tion may be brought to claim title to or an cated for the involuntary partition of such (A) A probate code approved by the Sec- interest in restricted property by adverse tract. retary applicable to such property, funds, possession or the doctrine of laches on or (2) JURISDICTION; APPLICABLE LAW.—The and securities but only if approved by the after the effective date of this Act, except United States district courts in the State of Secretary in accordance with section that— Oklahoma and the State courts of Oklahoma 206(b)(2) of Public Law 97–459 (25 U.S.C. (1) all such causes that are pending on the shall have jurisdiction over actions for the 2205(b)(2)). effective date of this Act in accordance with involuntary partition of property filed pur- (B) In the absence of a probate code ap- the provisions of section 3 of the Act of April suant to this section, subject to all require- proved by the Secretary in accordance with 12, 1926 (44 Stat. 239, chapter 115), shall be ments and limitations of this section and the section 206(b)(2) of Public Law 97–459 (25 subject to section 306; and requirements in sections 305 and 306. The U.S.C. 2205(b)(2)), any Federal statute estab- (2) an action to quiet title to an interest in laws of the State of Oklahoma governing the lishing rules of descent and distribution for restricted property on the basis of adverse partition of property shall be applicable to trust or restricted property. possession may be filed in the courts of the all actions for involuntary partition under (C) In the absence of either a probate code State of Oklahoma if all requirements of this section, except to the extent that any approved by the Secretary in accordance Oklahoma law for acquiring title by adverse such laws are in conflict with any provisions with section 206(b)(2) of Public Law 97–459 (25 possession, including the running of the full of this section and sections 305 and 306. U.S.C. 2205(b)(2)) or a Federal statute estab- 15-year limitations period, have been met (3) AGREEMENT AFTER INITIATION OF AC- lishing rules of descent and distribution for prior to the effective date of this Act. TION.—If after the initiation of any action trust or restricted property, the laws of de- (c) LAW APPLICABLE IN CERTAIN ACTIONS.— authorized by this section, the parties to the scent and distribution in force in the State In any action referred to in subsection (b)(2) suit reach an agreement for the partition of of Oklahoma. that is— the property in kind or by sale, such agree- (3) LAW APPLICABLE TO WILLS EXECUTED (1) filed not later than 2 years after the ef- ment shall not be valid or binding as to the PRIOR TO EFFECTIVE DATE.— fective date of this Act, the law applicable to restricted interests until it is approved by (A) IN GENERAL.—The Secretary shall ap- such an action on the day before the date of the Secretary. The Secretary shall approve prove a will of an estate containing trust the enactment of this Act shall apply; and the partition plan if he finds it to be fair, property, restricted property, or trust funds (2) filed more than 2 years after the effec- reasonable and equitable to the Individual or securities derived from such property if tive date of this Act, the claimant must Indian owners of the restricted interests. the will was executed by an Individual In- show by clear and convincing evidence that (4) APPROVAL OF ELECTION OR SALE.—If the dian (i) prior to the effective date of this all requirements of Oklahoma law for acquir- tract consists of wholly or partially undi- Act, and (ii) in accordance with the laws of ing title by adverse possession in effect on vided restricted interests, the court may ap- the State of Oklahoma governing the valid- the day before the date of the enactment of prove an election by any undivided interest ity and effect of wills. this Act, including the running of the full 15- owner to take the property at the full ap- (B) EXCEPTION.—Notwithstanding subpara- year limitations period, were met prior to praised value pursuant to the laws of the graph (A), the will of a full-blood Individual the effective date of this Act. State of Oklahoma governing partitions in Indian which disinherits the parent, spouse, (d) APPLICABILITY OF CERTAIN PROVISION OF effect on the effective date of this Act or, if or one or more children of such full-blood In- THIS ACT.—Any action filed pursuant to sub- there is no such election, to approve the sale dividual Indian shall not be valid with re- section (a) or (b)(z) shall be subject to the of the property at public auction for no less spect to the disposition of restricted prop- procedures set forth in section 305. than two-thirds of the appraised value pursu- erty unless the requirements of section 23 of (e) HEIRSHIP DETERMINATIONS AND DISPOSI- ant to such laws of the State of Oklahoma. the Act of April 26, 1906 (34 Stat. 137, chapter TIONS.— (5) DETERMINATION OF VALUE.—The Sec- 1876), as in effect on the day before the effec- (1) NO DEROGATION OF JURISDICTION.—Noth- retary shall determine the value of the prop- tive date of this Act, are met. ing in this section shall be construed to au- erty and submit an appraisal to the court. If (4) LAW APPLICABLE TO WILLS EXECUTED ON thorize a determination of heirs in a quiet the value of the property determined by the OR AFTER EFFECTIVE DATE.— title action in Federal or State court in Secretary is greater than the valuation or (A) IN GENERAL.—Any Individual Indian derogation of the Secretary’s exclusive juris- appraisement of the property made pursuant who has attained age 18 and owns restricted diction to probate wills or otherwise deter- to law of the State of Oklahoma, the court property, trust property, or trust funds or se- mine heirs of the deceased Individual Indians shall set a hearing at which time the Sec- curities may dispose of such assets by will, owning restricted property and to adjudicate retary and any other party shall be afforded executed on or after the effective date of this all such estate actions involving restricted an opportunity to present evidence regarding Act. The Secretary shall review and approve property pursuant to section 302, or in dero- the value of the property, following which such wills in accordance with section 2 of the gation of the Secretary’s exclusive jurisdic- the court may accept the Secretary’s valu- Act of June 25, 1910 (25 U.S.C. 373). tion over the disposition of restricted prop- ation, or accept the valuation and appraise- (B) FRAUD.—In any case where a will has erty under this Act. ment made pursuant to law of the State of been approved by the Secretary under sub- (2) REQUEST FOR DETERMINATION OF HEIRS Oklahoma, or order a new valuation and ap- paragraph (A) and it is subsequently discov- TO ESTABLISH MARKETABLE TITLE.—Any praisement pursuant to law of the State of ered that there was fraud in connection with grantee of an undetermined heir who, prior Oklahoma.

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(b) PAYMENT TO NONCONSENTING OWNERS OF thereon, showing date of receipt and service through (5) of this subsection that occurred RESTRICTED INTERESTS.—Nonconsenting own- of notice. in such chain of title, may cure the defect in ers of undivided restricted interests shall re- (4) FAILURE TO SERVE.—If the notice re- title and validate the transaction by fol- ceive for the sale of such interests their pro- quired under paragraph (1) is not served lowing the procedures of this section. When portionate share of the greater of— within the time required under such para- all conditions and requirements of this sec- (1) the proceeds paid at the partition sale; graph, or if return of service thereof is not tion have been met, and if no notice of objec- or made within the time permitted by law for tion has been timely filed by the Secretary (2) an amount equal to 90 percent of the ap- the return of service of summons, alias no- under subsection (c) or by any other person praised value of the tract. tices may be issued and filed until service under subsection (f), the transaction shall be (c) COSTS.—A nonconsenting Individual In- and return of notice is made, except that in validated and shall not be considered a de- dian owner of restricted interests shall not the event that service of the notice required fect in the muniments of title but only inso- be liable for any filing fees or costs of an ac- under such paragraph is not made within 60 far as the defect is based on or arises from tion under this section, including the cost of days following the filing of the petition or Federal statutes applicable to the convey- an appraisal, advertisement, and sale, and no complaint or amendments thereof, the ac- ance or inheritance of restricted property in such costs shall be charged against such non- tion shall be dismissed without prejudice. consenting owner’s share of the proceeds of effect at the time of the transaction. The (5) LIMITATION.—In no event shall the transactions referred to in this subsection sale. United States or the parties named in a no- (d) DEADLINE.—No action for the involun- are the following: tice filed under paragraph (1) be bound, or tary partition of property shall be main- (1) Any probate order issued by a county tained under this section unless it is filed title to the restricted property be affected, court of the State of Oklahoma prior to the within 10 years after the effective date of unless written notice is served upon the Sec- effective date of the Act of June 14, 1918 (40 this Act. retary as required under this subsection. Stat. 606) purporting to probate the estate of (d) REMOVAL.— SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE an Individual Indian who died owning prop- (1) IN GENERAL.—The United States shall TITLE DEFECTS AND INVOLUNTARY erty which was subject to restrictions PARTITIONS. have the right to remove any action to against alienation pursuant to Federal stat- (a) IN GENERAL.—All actions authorized by which this section applies that is pending in utes in effect at the time of issuance of such sections 303 and 304 shall be conducted in ac- a State court to a United States district probate order. cordance with the requirements and proce- court by filing with the State court, not (2) Any probate order issued by a county or dures described in this section. later than 20 days after the service of any district court of the State of Oklahoma more (b) PARTIES.— notice with respect to such action under sub- than 30 years prior to the effective date of (1) UNITED STATES.—The United States section (c), or within such extended period of this Act purporting to probate the estate of shall not be a necessary and indispensable time as the trial court in its discretion may a deceased Individual Indian who died own- party to an action authorized under section permit, a notice of the removal of such ac- ing property which was subject to restric- 303 or 304. The Secretary may participate as tion to a United States district court, to- tions against alienation pursuant to Federal a party in any such action. gether with the certified copy of the plead- law in effect at the time of issuance of such (2) PARTICIPATION OF THE SECRETARY.—If ings in such action as served on the Sec- probate order, where notice was not given as the Secretary elects to participate in an ac- retary under subsection (c). required by Federal statutes in effect at the tion as provided for under paragraph (1), the (2) DUTY OF STATE COURT.—It shall be the time. responsive pleading of the Secretary shall be duty of a State court to accept a notice filed (3) Any conveyance of record, including an made not later than 20 days after the Sec- under paragraph (1) and proceed no further oil and gas or mineral lease, of an interest in retary receives the notice required under in said suit. property which was subject to restrictions subsection (c), or within such extended time (3) PLEADINGS.—Not later than 20 days against alienation pursuant to Federal stat- as the trial court in its discretion may per- after the filing of a notice under paragraph utes in effect at the time of the conveyance mit. (1), the copy of the pleadings involved (as executed by a person who was an heir or pur- (3) JUDGMENT BINDING.—After the appear- provided under such paragraph) shall be en- ported heir of the Individual Indian decedent ance of the Secretary in any action described tered in the United States district court and who owned such property at the time of his in paragraph (1), or after the expiration of the defendants and intervenors in such ac- death, if such conveyance was approved by a the time in which the Secretary is author- tion shall, not later than 20 days after the county or district court in Oklahoma more ized to respond under paragraph (2), the pro- pleadings are so entered, file a responsive than 30 years before the effective date of this ceedings and judgment in such action shall pleading to the complaint in such action. Act but where no judicial or administrative be binding on the United States and the par- (4) PROCEEDINGS.—Upon the submission of order of record was issued before or after ties upon whom service has been made and the filings required under paragraph (3), the such approval finding that such person was shall affect the title to the restricted prop- action shall proceed in the same manner as erty which is the subject of the action, in the in fact the heir to the interest conveyed. if it had been originally commenced in the (4) Any conveyance of record, including an same manner and extent as though non- United States district court, and its judg- restricted property were involved. oil and gas or mineral lease, of individual ment may be reviewed by certiorari, appeal, trust property or property which was subject (4) RULE OF CONSTRUCTION.—Nothing in this or writ of error in like manner as if the ac- to restrictions against alienation pursuant section shall be construed to waive the re- tion had been originally brought in such dis- quirement of service of summons in accord- to Federal statutes in effect at the time of trict court. the conveyance that was approved by a coun- ance with applicable Federal or State law SEC. 306. PENDING STATE PROCEEDINGS. upon the Individual Indian landowners, who ty or district court in Oklahoma or by the The courts of the State of Oklahoma shall Secretary more than 30 years before the ef- shall be necessary and indispensable parties continue to exercise authority as a Federal to all actions authorized by sections 303 and fective date of this Act, where— instrumentality over all heirship, probate, (A) approval was not in compliance with 304. partition, and other actions involving re- (c) NOTICE.— the notice requirements of Federal statutes stricted property that are pending on the ef- (1) IN GENERAL.—The plaintiff in any action governing the conveyance of said individual fective date of this Act until the issuance of authorized by sections 303 and 304 shall serve trust property or said restricted property; or a final judgment and exhaustion of all appeal written notice of the filing of such action (B) approval was given by a county or dis- rights in any such action, or until the peti- and of a petition or complaint, or any trict court in Oklahoma of a conveyance of amended petition or complaint which sub- tioner, personal representative, or the State the property by a personal representative in stantially changes the nature of the action court dismisses the action in accordance a probate action over which said county or or includes a new cause of action, upon the with State law. district court possessed jurisdiction, without Secretary not later than 10 days after the fil- TITLE IV—MISCELLANEOUS compliance with Federal statutes governing ing of any such petition or complaint or any SEC. 401. REGULATIONS. the conveyance of the property in effect at such amended petition or complaint. The Secretary may promulgate such regu- the time of the conveyance. (2) FILING WITH CLERK.—At least one dupli- lations as may be necessary to carry out this (5) Any conveyance of record, including an cate original of any notice served under Act, except that failure to promulgate such oil and gas or mineral lease, of individual paragraph (1) shall be filed with the clerk of regulations shall not limit or delay the ef- trust property or property which was subject the court in which the action is pending. fect of this Act. to restrictions against alienation pursuant (3) REQUIREMENTS.—The notice required SEC. 402. VALIDATION OF CERTAIN TRANS- to Federal statutes in effect at the time of under paragraph (1) shall be— ACTIONS; SAVINGS CLAUSE. the conveyance that was approved by a coun- (A) accompanied by a certified copy of all (a) VALIDATION OF CERTAIN TITLE TRANS- ty or district court in Oklahoma or by the pleadings on file in the action at the time of ACTIONS.—Any person having the legal capac- Secretary at any time before the effective the filing of the duplicate original notice ity to own real property in the State of date of this Act, where— with the clerk under paragraph (2); Oklahoma who claims ownership of an inter- (A) approval was given by the Secretary (B) signed by the plaintiff to the action or est in such property through an unbroken where the Federal statutes governing the his or her counsel of record; and chain of title of record, the title to which in- conveyance of the property required ap- (C) served by certified mail, return receipt terest is or may be defective as a result of proval by a county or district court in Okla- requested, and due return of service made any transaction described in paragraphs (1) homa; or

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.066 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3407 (B) approval was given by a county or dis- tension of time of 60 days in which to object interest in property made prior to the effec- trict court in Oklahoma where the Federal to the claim upon the Secretary’s service of tive date of this Act by an heir of a deceased statutes governing the conveyance of the written notice of extension on the claimant Individual Indian without district court ap- property in effect at the time of the convey- within the initial 60-day response period. proval where such heir was of less than one- ance required approval of the Secretary. (d) NOTICE OF OBJECTION; REMEDIES.—The half degree of Indian blood, even though the (b) NOTICE OF CLAIM; SERVICE AND RECORD- Secretary shall send the notice of objection property was held in restricted status imme- ING.— and any notice of extension of time to the diately prior to the decedent Individual Indi- (1) NOTICE TO THE SECRETARY.—Any claim- claimant by certified mail to the address set an’s death; or ant described in subsection (a) must serve forth in the claimant’s notice to the Sec- (2) any other encumbrance that attached written notice of his or her claim by cer- retary. The Secretary’s notice of objection prior to the effective date of this Act to an tified mail, return receipt requested, on the or notice of extension of time shall include a interest in property of an heir of a deceased Secretary, and file the notice of claim, to- description of the property and shall be ef- Individual Indian where such heir was of less gether with a copy of the return receipt fective on the date of mailing. The Secretary than one-half degree of Indian blood, even showing delivery to the Secretary and filing shall file the notice of objection or notice of though the property was held in restricted in the office of county clerk in the county or extension of time in the office of the county status immediately prior to the decedent In- clerk for the county or counties wherein the counties wherein the property is located. dividual Indian’s death. property is located within 30 days after the The notice shall not be complete for the pur- (h) TERMS.—For purposes of this section: date of mailing of the notice to the claimant. poses of this section until it has been served (1) A person shall be deemed to have an un- If the Secretary notifies the claimant that on the Secretary and filed of record as herein broken chain of title when the official public the Secretary objects to the claim, such de- provided. The notice of claim shall set forth records, including probate and other official the following: cision shall be final for the Department and the claimant’s sole remedies shall be to file public records, as well as records in the (A) The claimant’s name and mailing ad- county clerk’s office, disclose a conveyance dress. an action to cure title defects pursuant to section 303 of this Act or to request a deter- or other title transaction of record not less (B) An accurate and full description of all than 30 years prior to the effective date of property affected by such notice, which de- mination of heirs in accordance with section 302 of this Act. this Act, which said conveyance or other scription shall be set forth in particular title transaction purports to create such in- terms and not be general inclusions; but if (e) UNDISPUTED CLAIM.—If, in the exercise of discretionary authority pursuant to sub- terest, either in— said claim is founded upon a recorded instru- (A) the person claiming such interest; or ment, then the description in such notice section (c), the Secretary does not object to (B) some other person from whom, by 1 or may be the same as that contained in such the claim, then the Secretary may notify the more conveyances or other title transactions recorded instrument. claimant that the matter is not in dispute. Failure of the Secretary to notify the claim- of record, such purported interest has be- (C) A specific reference to or description of ant of the Secretary’s objection within the come vested in the person claiming such in- each title transaction in the chain of title, initial 60-day period, or within the 60-day ex- terest; with nothing appearing of record, in including the date of same, that the claim- tension period if notice of an extension was either case, purporting to divest such claimant is attempting to validate pursuant to given, shall constitute acceptance of the ant of such purported interest. this section. claim. If the Secretary notifies the claimant (2) The term recording, when applied to the (D) A list of all documents of record that that the matter is not in dispute or fails to official public records of any officer or court, are part of the claimant’s unbroken chain of file an objection to the claim of record with- includes filing with the officer or court. title, copies of which documents shall be in the time required by subsection (d), the SEC. 403. REPEALS. served with the notice. title transaction described in the claimant’s (2) PUBLICATION NOTICE.—In addition to the (a) IN GENERAL.—The following provisions notice shall be deemed validated and shall are repealed: notice to the Secretary required under para- not be considered a defect in the muniments (1) The Act of August 11, 1955 (69 Stat. 666, graph (1), the claimant shall give notice by of the claimant’s title based on or arising chapter 786, 25 U.S.C. 355 note). publication of his or her claim to other per- from Federal statutes governing the convey- (2) Sections 1 through 5, 7 through 9, and 11 sons who may claim some interest in the ance of restricted property in effect at the through 13 of the Act of August 4, 1947 (61 property in accordance with this paragraph. time of the transaction, provided that no Stat. 731, chapter 458, 25 U.S.C. 355 note). The claimant shall cause notice of his or her written notice of objection is timely filed by claim to be published one time in a news- other parties in response to a notice pub- (3) The Act of December 24, 1942 (56 Stat. paper of general circulation in the county or lished pursuant to subsection (b)(2) or in ac- 1080, Chapter 813). counties wherein the property is located and cordance with subsection (f). (4) The Act of February 11, 1936 (25 U.S.C. shall thereafter cause proof of such publica- (f) NOTICE OF OBJECTION BY OTHER PARTIES 393a, Chapter 50). tion to be filed in the office of the county TO APPLICABILITY OF THIS SECTION.—Any per- (5) The Act of January 27, 1933 (47 Stat. 777, clerk for such county or counties. The pub- son claiming ownership of an interest in chapter 23, 25 U.S.C. 355 note). lished notice shall set forth the following: property the record title to which includes a (6) Sections 1, 2, 4, and 5 of the Act of May (A) The claimant’s name and mailing ad- title transaction described in subsection (a) 10, 1928 (45 Stat. 495, chapter 517). dress. of this section may prevent the application (7) The Act of April 12, 1926 (44 Stat. 239, (B) The same description of the property of subsections (a) through (e) to said interest chapter 115). required under subsection (b)(1)(B) to be in- by filing for record in the office of the coun- (8) Sections 1 and 2 of the Act of June 14, cluded in the notice to the Secretary. ty clerk for the county or counties wherein 1918 (Chapter 101, 25 U.S.C. 375 and 355, re- (C) A description of each title transaction the property in question is located, no later spectively). in the chain of title, including the date of than 3 years after the effective date of this (9) Sections 1 through 3 and 6 through 12 of same, that the claimant is attempting to Act, a written notice of objection in the form the Act of May 27, 1908 (35 Stat. 312, chapter validate pursuant to this section. of a declaration made under oath setting 199). (D) A statement that any person claiming forth the following: (10) Sections 6, 11, 15, 18, 20, and 23 of the an interest in the described property may (1) The declarant’s name and mailing ad- Act of April 26, 1906 (34 Stat. 137, chapter file a written notice of objection, in the form dress. 1876). of a declaration under oath, in the office of (2) An accurate and full description of all (b) TECHNICAL AMENDMENTS.— the county clerk of the county or counties of the declarant’s property interests to be af- (1) Section 28 of the Act of April 26, 1906 (34 wherein the property is located not more fected by such notice, which description Stat. 137, chapter 1876) is amended— than 60 days after the date of publication of shall be set forth in particular terms and not (A) by striking the first proviso; and the notice in such newspaper, and that the be general inclusions; but if said declarant’s (B) by striking ‘‘Provided further’’ and in- written notice of objection must set forth— claim to ownership is founded upon a re- serting ‘‘Provided’’. (i) the declarant’s name and mailing ad- corded instrument, then the description in (2) The Act of March 3, 1909, (35 Stat. 781, dress; such notice may be the same as that con- 783, chapter 263) is amended by striking ‘‘of (ii) the description of the property set tained in such recorded instrument. the Five Civilized Tribes and’’. forth in the publication notice; and (3) A statement that the declarant claims (3) Section 6 of the Act of August 4, 1947 (61 (iii) a statement that the declarant claims in good faith to be the owner of an interest Stat. 733, chapter 458) is amended— in good faith to be the owner of some inter- in the property described in the notice and (A) in subsection (c), by inserting before est in the property and objects to the valida- that the declarant objects to the operation the final period the following: ‘‘: Provided tion of the transactions described in the pub- of this section with respect to any title further, That any interest in restricted and lication notice. transaction that would otherwise be subject tax-exempt lands acquired by descent, de- (c) RESPONSE DEADLINE; EXTENSION.—The to validation under this section. vise, gift, exchange, partition, conveyance, Secretary shall have 60 days after the date of (g) INTERESTS OF HEIRS OF LESS THAN HALF or purchase with restricted funds after the receipt of the notice of claim in which to no- DEGREE BLOOD OF THE FIVE NATIONS.—Noth- date of the enactment of the Five Nations tify the claimant in writing that the Sec- ing in this Act shall be construed to Indian Land Reform Act by an Indian of the retary exercises discretionary authority to invalidate— Five Civilized Tribes shall continue to be object to the claim for any reason. The Sec- (1) any conveyance of record, including a tax-exempt during the restricted period’’; retary shall be entitled to an automatic ex- surface, oil and gas, or mineral lease, of an and

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.066 pfrm01 PsN: H11PT1 H3408 CONGRESSIONAL RECORD — HOUSE June 11, 2002 (B) in subsection (e), by striking the first shall constitute constructive notice to the Mr. Speaker, the version of this bill sentence. public of the effect of said documents filed. is slightly different than reported out (4) The Act of June 25, 1910 (25 U.S.C. sec- (c) CERTIFICATION OF AUTHENTICITY.—The of the Committee on Resources. The re- tion 373) is amended by inserting at the be- Secretary shall have authority to certify the ginning of the last proviso the following: authenticity of copies of such documents and vision to not change the original intent ‘‘Except as provided in section 302(b) of the title examiners shall be entitled to rely on of or policy behind the legislation Five Nation Indian Land Reform Act,’’. said authenticated copies for the purpose of could simply make it cleaner. I com- (5) The Act of May 7, 1970 (84 Stat. 203, Pub- determining marketability of title to the mend the tribes and the administration lic Law 91–240, 25 U.S.C. 375d), is amended— property described therein. for their joint effort in completing an (A) by inserting ‘‘Creek,’’ after ‘‘Cher- SEC. 407. PUBLICATION OF DESIGNATED OFFI- effective and viable piece of legislation. okee,’’; and CIALS. Mr. Speaker, I yield such time as he (B) by striking ‘‘derived and shall’’ and in- The Secretary shall identify each designee may consume to the gentleman from serting the following: ‘‘derived. Such lands, for purposes of the receipt of notices or the Oklahoma (Mr. WATKINS), the principal interests, and profits, and any restricted In- performance of any Secretarial duty or func- dian lands or interests therein allotted by tion under this Act by publication of notice sponsor of H.R. 2880, to explain the bill. any such Indian nation that are reacquired in the Federal Register. Mr. WATKINS of Oklahoma. Mr. by that Indian nation by conveyance author- SEC. 408. RULE OF CONSTRUCTION. Speaker, I thank the gentleman for ized under section 202(a) of the Five Nations Nothing in this Act shall be construed to yielding me time. Indian Land Reform Act shall’’. limit or affect the rights of Individual Indi- Mr. Speaker, before us today is H.R. (6) Section 1 of the Act of October 22, 1970 ans under other Federal laws relating to the 2880, a bill that would correct several (84 Stat. 1091, Public Law 91–495), is amended acquisition and status of trust property, in- wrongs and have a significant impact by striking the last sentence. cluding without limitation, the following: on the members of the Cherokee, Choc- SEC. 404. SECRETARIAL TRUST RESPONSIBILITY. (1) The Act of June 18, 1934 (25 U.S.C. 461 et taw, Creek, Chickasaw, and Seminole Nothing in this Act shall be construed to seq.) (commonly known as the ‘‘Indian Reor- waive, modify, or diminish in any way the ganization Act’’). Nations, these tribes historically re- trust responsibility of the United States over (2) The Act of June 26, 1936 (25 U.S.C. 501 et ferred to as the Five Civilized Tribes restricted property. seq.) (commonly known as the ‘‘Oklahoma who still own individual and restricted SEC. 405. REPRESENTATION BY ATTORNEYS FOR Indian Welfare Act’’). lands in Eastern Oklahoma. THE DEPARTMENT OF THE INTE- (3) The Indian Land Consolidation Act (25 In the first three quarters of the 20th RIOR. U.S.C. 2201 et seq.). century, the U.S. Congress enacted nu- Attorneys of the Department of the Inte- (4) Regulations relating to the Secretary’s rior may— merous laws dealing with the allotted authority to acquire lands in trust for Indi- lands of the five nations previously (1) represent the Secretary in any actions ans and Indian tribes. mentioned. Collectively these special filed in the State courts of Oklahoma involv- SEC. 409. TRANSMISSION OF POWER FROM IN- ing restricted property; DIAN LANDS IN OKLAHOMA. laws have created an exceedingly com- (2) when acting as counsel for the Sec- To the extent the Southwestern Power Ad- plex system of Indian land tenure in retary, advising Individual Indians owning ministration makes transmission capacity Eastern Oklahoma. restricted property (and to private counsel available without replacing the present ca- These laws, like no others applicable for such Individual Indians if any) of their pacity of existing users of the Administra- elsewhere in the United States, have legal rights with respect to the restricted tion’s transmission system, the Adminis- resulted in far less protection of indi- property owned by such Individual Indians; trator of the Southwestern Power Adminis- vidual Indian lands by members of the (3) at the request of any Individual Indian tration shall take such actions as may be owning restricted property, take such action necessary, in accordance with all applicable five nations. Indian allotments else- as may be necessary to cancel or annul any Federal law, to make the transmission serv- where in the United States are gen- deed, conveyance, mortgage, lease, contract ices of the Administration available for the erally held in trust under the jurisdic- to sell, power of attorney, or any other en- transmission of electric power generated at tion of the Secretary of the Interior. cumbrance of any kind or character, made or facilities located on land within the jurisdic- The Secretary has the authority to attempted to be made or executed in viola- tional area of any Oklahoma Indian tribe (as probate, determine there is individual tion of this Act or any other Federal law, determined by the Secretary of the Interior) trust land, and to petition trust allot- and take such action as may be necessary to recognized by the Secretary as eligible for ments. Perhaps most importantly, the assist such Individual Indian in obtaining trust land status under 25 CFR Part 151. The clear title, acquiring possession, and retain- owner or operator of the generation facilities legislation would prevent the acquisi- ing possession of restricted property and any concerned shall reimburse the Administrator tion of individual Indian trust lands other appropriate remedy; for all costs of such actions in accordance through adverse possession for mem- (4) in carrying out paragraph (3), refer pro- with standards applicable to payment of bers of the Five Nations, a benefit cur- posed actions to be filed in the name of the such costs by other users of the South- rently provided to individual trust United States in a district court of the western Power Administration transmission lands in Western Oklahoma and else- United States to the United States Attorney system. where in the United States. for that district, and provide assistance in an SEC. 410. AUTHORIZATION OF APPROPRIATIONS. H.R. 2880, Mr. Speaker, would only of-counsel capacity in those actions that the There is authorized to be appropriated apply to the individual Indian re- United States Attorney elects to prosecute; such sums as may be necessary to carry out and this Act. stricted allotments of the Five Na- (5) appear specially before the Oklahoma SEC. 411. EFFECTIVE DATE. tions. It would unify and organize an Corporation Commission on behalf of the Except for section 409, the provisions of extremely complex body of laws, many Secretary to protect Individual Indians’ re- this Act shall take effect on January 1, 2004. of which have never been codified, and stricted property interests. The SPEAKER pro tempore. Pursu- put them into a single accessible code. SEC. 406. FILING REQUIREMENTS; CONSTRUC- This bill would transfer jurisdiction TIVE NOTICE. ant to the rule, the gentleman from (a) REQUIREMENT FOR FILING.—The Sec- Utah (Mr. HANSEN) and the gentleman over the conveyance and probates and retary shall file the following orders or other from Oklahoma (Mr. CARSON) each will their heirship determination to the decision documents which concern restricted control 20 minutes. Secretary of the Interior, create a sim- property and are issued after the effective The Chair recognizes the gentleman plified process for administrative ap- date of this Act by the Secretary in the ap- from Utah (Mr. HANSEN). proval, maintain the rights of indi- propriate land titles and records offices, as GENERAL LEAVE vidual Indians and, most importantly, designated by the Secretary, and in the of- protect the owners of restricted inter- fice of the county clerk in the county where Mr. HANSEN. Mr. Speaker, I ask such restricted property is located: unanimous consent that all Members est. (1) Any order or other decision document may have 5 legislative days within This legislation would provide pro- removing restrictions, imposing restrictions, which to revise and extend their re- tection to the remaining restricted In- approving conveyances, approving leases, ap- marks and include extraneous material dian allotments in Eastern Oklahoma proving voluntary partitions, approving on this legislation. to the greatest extent feasible and with mortgages, probating wills, or determining The SPEAKER pro tempore. Is there the same level of protection afforded heirs, and approving orders of the Oklahoma objection to the request of the gen- trust allotments in Western Oklahoma Corporation Commission. and on all other reservations in the (2) Any notice issued by the Secretary pur- tleman from Utah? suant to section 402. There was no objection. United States. In fact, this legislation (b) CONSTRUCTIVE NOTICE.—The filing of Mr. HANSEN. Mr. Speaker, I yield has been written so as to make the said documents pursuant to this section myself such time as I may consume. rules and procedures applicable to the

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.066 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3409 administration of restricted lands as H.R. 2880 will bring equity by giving rived here in Congress with me a few similar as possible to the current sys- restricted property the same level and years ago, the gentleman from Okla- tem that is offered to tribes other than type of protection afforded the allotted homa (Mr. CARSON), the gentleman the Five Nations. This was done to lands of other Federally recognized from Utah (Mr. HANSEN), the chairman bring more uniformity to the entire tribes nationwide. Currently the indi- of the Committee on Resources, and system. vidual allotments to citizens of the the ranking member, the gentleman Nothing in H.R. 2880, the Five Na- Five Tribes are afforded much less pro- from West Virginia (Mr. RAHALL) for tions Indian Land Reform Act, would tection to the land than to laws appli- their support and their efforts to bring diminish the trust responsibility of the cable to trust allotments of other this bill to the floor today. I am proud United States over restricted lands. tribes. to be an original cosponsor of this bill. The Five Nations and other members of In addition, the Five Tribes are the Mr. Speaker, for more than 90 years the Oklahoma delegations have spent only tribes where jurisdiction over pro- the land allotment owners of the Five years working on this much-needed bates and conveyances of their land is Tribes have been the object of special legislation, including my colleague held by the State district courts and laws applicable to only their lands. from the Second District of Oklahoma not the Secretary of the Interior. These laws have afforded these lands (Mr. CARSON), who is here today and H.R. 2880 will correct this by allow- much less protection than is afforded who has also been a cosponsor of this ing families to have estates probated the trust allotments elsewhere in the legislation. administratively by the Department of United States. Mr. Speaker, I appreciate the support the Interior. This legislation also pro- Under the current Federal law, the of all of my colleagues on this legisla- tects the vested rights of individuals State courts of Oklahoma have juris- tion to correct these wrongs, and I who have acquired an interest in tracts diction over probating, petitioning and really appreciate very much the chair- of lands that include restricted inter- transferring restricted lands. This situ- man for taking this bill up and allow- ests. ation often places a great financial ing us to take it up under suspension, As a member of the Cherokee Nation, burden on Indian families who must the gentleman from Oklahoma (Mr. as an active member of the Native hire private attorneys to probate es- CARSON), the gentleman from Michigan American Caucus, and as an elected tates or transfer interest in restricted (Mr. KILDEE) and others for their tre- representative of a significant percent- land. For this reason, many estates in mendous support, and I urge all of my age of citizens of the Five Civilized Eastern Oklahoma that include re- colleagues to support this legislation. Tribes, I urge my colleagues to support stricted lands are not being probated Mr. CARSON of Oklahoma. Mr. this legislation and help bring clarity and land ownership has become in- Speaker, I yield myself such time as I and equity to a land issue that has creasingly fractionated. may consume. plagued Eastern Oklahoma and citizens Elsewhere in the United States, the (Mr. CARSON of Oklahoma asked and of the Five Tribes for far too long. Department of Interior is responsible was given permission to revise and ex- Mr. WATKINS of Oklahoma. Mr. for probating estates, partitioning land tend his remarks.) and effecting other transactions in- Mr. CARSON of Oklahoma. Mr. Speaker, will the gentleman yield? Mr. CARSON of Oklahoma. I yield to volving allotted lands. This bill would Speaker, I would first like to thank the the gentleman from Oklahoma. do the same for the restricted allot- gentleman from Utah (Mr. HANSON) and Mr. WATKINS of Oklahoma. Mr. ments of the Five Tribes, and in gen- the gentleman from West Virginia (Mr. Speaker, I would like to commend the eral would give these allotments the RAHALL) for working on the details of gentleman from Oklahoma (Mr. CAR- same protection and treatments given this bill and supporting it and bringing SON) again for his tremendous work and allotted Indian lands in the rest of the it the floor, and also commend the gen- cooperation on this. And as a member United States. tleman from Oklahoma (Mr. WATKINS) of the Cherokee Tribe, I would like to Mr. Speaker, I urge my colleagues to for his heroic work over many years to point out the two grandchildren I have support this legislation and the Hansen finally see this bill come to fruition. sitting right behind me, who are part substitute. The gentleman from Oklahoma (Mr. Mr. CARSON of Oklahoma. Mr. of the Creek Nation and just as you are WATKINS) and I currently represent the Speaker, I yield such time as he may part of the Five Civilized Tribes. I majority of the citizens of what has consume to the gentleman from Amer- might say some people might wonder historically been known as the Five ican Samoa (Mr. FALEOMAVAEGA). Civilized Tribes, which includes the about that red hair, but they are part (Mr. FALEOMAVAEGA asked and Cherokee, Choctaw, Chickasaw, Creek. was given permission to revise and ex- Mr. CARSON of Oklahoma. Mr. Muscogee, Creek and Seminole Na- tend his remarks.) tions. Next session, after redistricting Speaker, let me thank the gentleman Mr. FALEOMAVAEGA. Mr. Speaker, is finalized, my new district will likely from Oklahoma (Mr. WATKINS) who has the purpose of this legislation is to encompass all of Eastern Oklahoma, preceded me in Congress by some two treat restricted Indian lands in Eastern which includes most of my current dis- decades of his tremendous work in Oklahoma similar to Indian trust lands trict and a large part of the gentleman helping all of the Five Tribes, includ- in other States. These lands are known from Oklahoma’s (Mr. WATKINS) as ing this piece of legislation today. as restricted as they are subject to well. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Federal restrictions against alienation. I rise in strong support of H.R. 2880, The SPEAKER pro tempore. Mem- the Five Nations Citizens Land Reform bers are reminded not to refer to chil- b 1645 Act of 2001. This bill corrects an in- dren on the floor who are here as In addition, this legislation will equity that has long existed in Federal guests of Members of Congress. move responsibility and jurisdiction law related to land tenure and land Mr. CARSON of Oklahoma. Mr. over probating, partitioning, leasing probate for the Five Tribes. Simply Speaker, I yield such time as he may and transferring these restricted lands put, this bill will bring clarity and eq- consume to the gentleman from Michi- from the State courts of Oklahoma to uity to restricted lands of the Five gan (Mr. KILDEE). the Secretary of the Interior. Again, Tribes. Mr. KILDEE. Mr. Speaker, I thank this would treat restricted Indian H.R. 2880 brings clarity by unifying the gentleman for yielding me time. State courts of Oklahoma, lands in into a single law what is currently con- Mr. Speaker, I would like to express Oklahoma, similar to Indian trust tained in numerous Federal laws, appli- my strong support for H.R. 2880, the lands in other States. cable to individual Indian allotted Five Nations Citizens Reform Act and This bill affects lands owned by mem- lands of the Five Tribes and has cre- the Hansen substitute. bers of the Cherokee, the Creek, ated inequities, obstacles and financial This legislation affects the restricted Muscogee, Seminole and Choctaw and burdens for citizens of those tribes. land allotments of citizens of the Cher- the Chickasaw nations of eastern Okla- Those obstacles have resulted in the okee, Creek, Seminole, Choctaw and homa, which are historically referred unnecessary loss of land owned by indi- Chickasaw Nations in Eastern Okla- to as the Five Civilized Tribes or Five vidual Indians residing in Eastern homa. I want to thank the gentleman Nations. Mr. Speaker, with all due re- Oklahoma. from Oklahoma (Mr. WATKINS) who ar- spect, I want to know who the idiot

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.068 pfrm01 PsN: H11PT1 H3410 CONGRESSIONAL RECORD — HOUSE June 11, 2002 was that coined this word ‘‘civilized,’’ HANSEN), and our senior ranking mem- Whereas during the 2002 FIFA World Cup because it implies these are the only ber, the gentleman from West Virginia Korea/Japan, billions of people are expected five civilized tribes in the United (Mr. RAHALL). to view the competition; States. It seems to suggest that the Mr. Speaker, this is a good bill, and Whereas the co-hosting of the FIFA World I urge my colleagues to support this Cup by the Republic of Korea and Japan Nation of the Cheyenne or the Lakotas symbolizes the friendly relations between and others are not civilized, maybe a legislation. I want to thank our Demo- the two host nations, both key allies of the little Westernized, but not to suggest cratic staff, Ms. Marie Howard, for the United States; and that they are not civilized. outstanding work she has done in the Whereas the co-hosting of this inter- Mr. Speaker, treaty agreements be- preparation of notes and memoranda national sporting event contributes to en- tween the Five Tribes or the Five Na- for the Members to better understand hancing peace and stability in Northeast tions and the United States provided the provision of this bill. Asia: Now, therefore, be it that land belonging to the tribes be I urge my colleagues to support this Resolved by the House of Representatives (the bill. Senate concurring), That Congress— held in fee but restricted from alien- (1) appreciates the mutually beneficial re- ation status. This allowed the tribes to Mr. CARSON of Oklahoma. Mr. Speaker, I have no further speakers at lationship between the United States and the avoid the forced allotment of their Republic of Korea and the United States and lands under the General Allotment Act this time, and I yield back the balance Japan; of 1887. This act was intended to de- of my time. (2) commends the Republic of Korea/Japan stroy Indian reservations by breaking Mr. HANSEN. Mr. Speaker, let me 2002 FIFA World Cup organizers for the at- many into individual allotments, commend the gentleman from Okla- tention they have given to security pre- thereby making it easier to remove homa for the excellent work he has cautions during the event; and done on this, and I yield back the bal- (3) recognizes and applauds the cooperation land held by the Indians. Indeed, the of the President of the Republic of Korea, General Allotment Act, the wisdom of ance of my time. The SPEAKER pro tempore (Mr. DAN Kim Dae-jung, and the Prime Minister of the Congress, resulted in the removal Japan, Junichiro Koizumi, in the hosting of MILLER of Florida). The question is on of millions of acres of Indian land and the largest and most widely viewed World the motion offered by the gentleman the horrendous fractionated ownership Cup competition in the history of the sport. from Utah (Mr. HANSEN) that the House problems which exist even to this day. The SPEAKER pro tempore. Pursu- suspend the rules and pass the bill, Federal law enacted on June 14, 1918, ant to the rule, the gentleman from subjects restricted Indian land in Okla- H.R. 2880, as amended. The question was taken; and (two- California (Mr. ROYCE) and the gen- homa to State statutes of limitation. thirds having voted in favor thereof) tleman from American Samoa (Mr. What happened is this permitted re- the rules were suspended and the bill, FALEOMAVAEGA) each will control 20 stricted lands to be taken by adverse as amended, was passed. minutes. possession, and Indian trust lands else- The title of the bill was amended so The Chair recognizes the gentleman where are protected from such action. as to read: ‘‘A bill to amend laws relat- from California (Mr. ROYCE). The STIGRA Act of 1947 provided dis- ing to the lands of the enrollees and GENERAL LEAVE trict courts in eastern Oklahoma juris- lineal descendants of enrollees whose Mr. ROYCE. Mr. Speaker, I ask unan- diction, acting as Federal instrumen- names appear on the final Indian rolls imous consent that all Members may talities over transactions involving in- of the Muscogee (Creek), Seminole, have 5 legislative days within which to dividual restricted Indian lands. The Cherokee, Chickasaw, and Choctaw Na- revise and extend their remarks on this jurisdiction conveyed under the 1947 tions (historically referred to as the concurrent resolution under consider- act included authority to approve con- Five Civilized Tribes), and for other ation. veyances; mineral leases; partition purposes.’’. The SPEAKER pro tempore. Is there property, voluntarily or involuntarily; A motion to reconsider was laid on objection to the request of the gen- probate estates; and even determine the table. tleman from California? heirs. There was no objection. Mr. Speaker, these laws have re- f Mr. ROYCE. Mr. Speaker, I yield my- sulted in the loss of individual title to EXPRESSING SENSE OF CONGRESS self such time as I may consume. most of the original restricted lands. CONCERNING 2002 WORLD CUP I rise in support of this measure Most Indians die intestate. For the AND CO-HOSTS REPUBLIC OF which expresses the sense of Congress Five Nations this leaves disposal of KOREA AND JAPAN concerning the 2002 World Cup co- their property to the discretion of the Mr. ROYCE. Mr. Speaker, I move to hosted by the Republic of Korea and by Oklahoma district courts. Indian heirs suspend the rules and agree to the con- Japan. Soccer’s World Cup, the biggest must hire private attorneys to pursue current resolution (H. Con. Res. 394) ex- sporting event in the world, is under- probate, heirship determinations, and pressing the sense of the Congress con- way in Korea and Japan. The sport deed approval for land conveyance. cerning the 2002 World Cup and co- that Pele, the greatest soccer player of As a consequence, thousands of acres hosts Republic of Korea and Japan. all time, dubbed ‘‘the beautiful game’’ of restricted lands have not been pro- The Clerk read as follows: will have a TV audience that will be in bated. Additional lands are lost when H. CON. RES. 394 the billions of people. non-Indian neighbors encroach on re- Whereas the United States has developed We are less than 2 weeks into the stricted Indian lands for the duration close relationships with the Republic of month-long tournament, and already it of the State statute of limitation and Korea and Japan; promises to be one of the most exciting go to district court and claim title, and Whereas the Republic of Korea and Japan in the history of the game. From the the Indian owner often is unaware of have been close allies with the United States opening match, where the small Afri- the implication of State adverse pos- in the war against terrorism; can nation of Senegal knocked off de- session laws and is financially unable Whereas the Republic of Korea and Japan fending world champion France, to the to fight it even in court. will co-host the 2002 Federation Inter- United States’ unthinkable victory national Football Association (FIFA) World Mr. Speaker, I want to commend the Cup Korea/Japan; over the European powerhouse Por- gentleman from Oklahoma (Mr. WAT- Whereas the 2002 FIFA World Cup Korea/ tugal, we have seen some of the biggest KINS) for his sponsorship of this legisla- Japan will be the first FIFA World Cup to be upsets in history. Both co-hosts, Korea tion; and I also want to commend the held in Asia; and Japan, have earned their first gentleman from Oklahoma (Mr. CAR- Whereas 32 nations have been qualified to World Cup wins ever. SON), and a member of the Cherokee compete from May 31 through June 30 of 2002, There is more going on here than Nation, for his strong support of this and will send some 1,500 coaches and athletes simply sport. Throughout history, bill. to the Republic of Korea and Japan, making sport has played a role in bringing na- Mr. Speaker, this bill would not be this year’s World Cup the largest ever; tions together and helping them to rec- Whereas the Korean and Japanese orga- here on the House floor if it did not nizing committees for the 2002 FIFA World oncile their differences. Japan and have the support and endorsement of Cup Korea/Japan have effectively directed Korea historically have had a troubled our chairman of our Committee on Re- the preparations for unprecedented security relationship. For the first World Cup sources, the gentleman from Utah (Mr. precautions in both host nations; held in Asia, soccer’s governing body

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.074 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3411 chose both Japan and South Korea as (Mr. FALEOMAVAEGA asked and braced South Korea President Kim Dae co-hosts. Many were skeptical of this was given permission to revise and ex- Jung while welcoming the participants arrangement; after all, Korea and tend his remarks.) to Seoul and expressing his hope that Japan have never before cooperated on Mr. FALEOMAVAEGA. Mr. Speaker, the competition would serve as an oc- anything of such significance. I want to first thank the gentleman casion to unite the world and espe- For those unfamiliar with the his- from California (Mr. ROYCE) for his cially even the Asia Pacific region. tory of Korea-Japan relations, the leadership in managing this piece of President Kim, a recipient of the 2000 challenge of co-organizing a soccer legislation, and I rise in strong support Nobel Prize, best summed it up by not- tournament may seem insignificant. In of this resolution. ing, ‘‘Through these matches, human- fact, while the logistical and infra- Mr. Speaker, during this month the ity will become one, transcending ra- structure challenges are immense, they entire globe is entranced and spell- cial, cultural, ideological and religious are arguably dwarfed by the cultural bound with the developments of the differences. Indeed, I hope that every- and political challenges. Building sta- World Cup. one in the world will be able to recon- diums is a lot less complicated than The World Cup, Mr. Speaker, is soc- firm the cherished values of world building trust and, potentially, build- cer’s international championship, peace, security and prosperity for all.’’ ing a new era in the Korea-Japan rela- which is only held once every 4 years, Mr. Speaker, in 1988, I was privileged tionship. and is bigger even than the Super to lead our delegation from American Over the years, Korea and Japan Bowl, more intensely followed than Samoa to the summer Olympics that have worked together planning for the even the World Series, and a quantum were held in Seoul Korea, and I cannot world’s biggest sporting event. As co- leap in global importance compared help but offer my tribute and special chairman of the U.S.-Republic of Korea even to the NBA finals. While we in commendation to the leaders of Korea Interparliamentary Exchange, I trav- America may not be fully informed, in on their industry and ability to build eled to Korea 2 years ago and will be short, the World Cup is the largest and an $8 billion sports complex which they meeting Korean parliamentarians most important spectacle of sport on now enjoy very much as part of the again this summer. Through this ex- this planet and is watched by literally World Cup matches. I commend the Ko- change, I have talked with my col- billions of people around the world. rean people for their industry, their ef- leagues in the Korean National Assem- Mr. Speaker, as we deliberate, the forts in bringing democracy to this bly about the difficulties and impor- first World Cup of the 21st century is part of the region. tance of staging this year’s World Cup. being hosted by our friends and allies Mr. Speaker, behind all the pag- They have indicated to me how it has in the Asia Pacific region, the Republic eantry and exciting matches of the brought the two countries closer to- of Korea and Japan; and I am honored World Cup, this is also what is going on gether. Seoul’s ambassador to Tokyo to be a co-sponsor of House Concurrent behind the scenes in South Korea and has even declared that ‘‘the two co- Resolution 394, which commemorates Japan. Let us all hope that the vision hosts are archrivals turned friends.’’ this historic, groundbreaking occasion. Soccer is without a doubt a modern that President Kim and Prime Minister I extend my deepest appreciation to Koizumi have so eloquently spoken of common language among young the gentleman from California (Mr. Asians. What is clear is that the young will become reality with the spirit of ROYCE) and also my colleague on this competition and camaraderie that the people of Korea and Japan who are the side of the aisle, the gentleman from most vocal soccer fans are taking a World Cup has always epitomized. En- California (Mr. BECERRA), for their hanced relations between South Korea second look at one another. Perhaps foresight and diligence in introducing this younger generation may find it and Japan is critical to furthering our this important legislation; and I cer- mutual interests in promoting peace, easier to reconcile the past. Indeed, tainly further commend the gentleman Japan-Korea relations have warmed to providing security and ultimately sta- from Illinois (Mr. HYDE), the Chairman, such an extent that 10,000 people now bility in the Asia Pacific region, and and the gentleman from California (Mr. travel between the two countries every hopefully even throughout the world. LANTOS), the ranking Democratic day. In a world that is suffering from member, of our Committee on Inter- b 1700 what seems to be intensifying animos- national Relations for their support in To this effect, Mr. Speaker, I urge ities, we should notice when tempers ensuring timely consideration of this my colleagues to support House Con- are cooling, when old wounds are heal- measure. current Resolution 394 which properly ing. honors our two closest allies in the I want to just take a moment to con- Mr. Speaker, the hosting of the Asian Pacific Region and conveys our gratulate the United States team on World Cup by South Korea and Japan best wishes for the success of the Re- its result so far and wish them luck is historically significant for many public of Korea and Japan as they co- throughout the rest of the tournament. reasons. To begin with, this will be the The United States entered the tour- first time that the World Cup will take host the world’s greatest sports com- nament as long shots. For its first place in the Asia region. Furthermore, petition. match, the Portuguese boasted the best this will be the first time that two na- Mr. Speaker, I reserve the balance of player in the world, and the United tions have jointly hosted the quadren- my time. States was without its captain and its nial soccer championship. Of even Mr. ROYCE. Mr. Speaker, I yield most prolific scorer due to injury. Yet greater importance in symbolic signifi- such time as he may consume to the the U.S. went on to shock Portugal, cance, Mr. Speaker, is the opportunity distinguished gentleman from Iowa building up a 3–0 lead and hanging on that this World Cup presents for heal- (Mr. LEACH), chairman of the Sub- to win it 3 to 2. ing and repairing historic rifts or rival- committee on East Asia and the Pa- In many ways, the United States ries between South Korea and Japan. cific of the Committee on Inter- team represents the best of this coun- As many Members may be aware, re- national Relations. try. Some players are the sons of immi- lations between our two allies still re- Mr. LEACH. Mr. Speaker, I thank the grants. Others, like 20-year-old Landon main highly sensitive, even given the gentleman from California (Mr. ROYCE) Donovan and DeMarcus Beasley, also legacy of what had happened during for yielding the time, and I want to ex- represent the exuberant youth of this World War II. It is good to see that press my appreciation for bringing this Nation; and I would be remiss if I did progress has already occurred. It is a resolution to the floor. Sometimes we not mention the reserve midfielder sign of respect to its neighbors and co- underestimate the role of sport in all of Eddie Lewis because he is from hosts that even members of Japan’s our culture. The fact of the matter is Cerritos, California, which is in my dis- Imperial family attended the World sport is a very important part of all trict. Cup opening ceremonies in Seoul, the cultures. Soccer/football is somewhat Mr. Speaker, I reserve the balance of first-ever visit to South Korea by the new to these shores in its seriousness, my time. Imperial family. but we are all impressed with this par- Mr. FALEOMAVAEGA. Mr. Speaker, Additionally, at the opening cere- ticular set of games. I would like to I yield myself such time as I may con- monies, Japanese Prime Minister suggest, having watched the game be- sume. Koizumi shook hands and warmly em- tween Korea and the United States last

VerDate 11-MAY-2000 03:43 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.076 pfrm01 PsN: H11PT1 H3412 CONGRESSIONAL RECORD — HOUSE June 11, 2002 night, to note how impressed I am at FURTHER MESSAGE FROM THE person who, ‘‘owing to well-founded fear of the sportsmanship, at the fanmanship, SENATE being persecuted for reasons of race, religion, nationality, membership of a par- the notion that thousands and thou- A further message from the Senate sands of Koreans supported their team ticular social group or political opinion, is by Mr. Monahan, one of its clerks, an- outside the country of his nationality and is with such enormous enthusiasm. So on nounced that the Senate has passed a unable or, owing to such fear, is unwilling to behalf of the Congress, I think just as bill of the following title in which the avail himself of the protection of that coun- they wave to their team, we ought to concurrence of the House is requested: try’’; wave to South Korea and express our S. 2578. An act to amend title 31 of the Whereas despite China’s obligations as a great respect for their hosting of this United States Code to increase the public party to the United Nations Convention re- game and for their great sports ethic. debt limit. lating to the Status of Refugees of 1951 and Mr. ROYCE. Mr. Speaker, I yield my- the Protocol relating to the Status of Refu- f gees of 1967, China routinely classifies North self such time as I may consume. SENSE OF CONGRESS REGARDING Koreans seeking asylum in China as mere Mr. Speaker, I think with this resolu- NORTH KOREAN REFUGEES DE- ‘‘economic migrants’’ and returns the refu- tion we are going to be doing that. We TAINED IN CHINA gees to North Korea without regard to the are trying to recognize and commend serious threat of persecution faced by the Korea and Japan in cohosting this Mr. LEACH. Mr. Speaker, I move to refugees after their return; event, and I think this international suspend the rules and agree to the con- Whereas the Government of China does not sporting event contributes to enhanc- current resolution (H. Con. Res. 213) ex- provide North Koreans whose asylum re- ing peace and contributes to stability pressing the sense of Congress regard- quests are rejected a right to have the rejection reviewed prior to deportation despite in Asia, and I think that over the next ing North Korean refugees who are detained in China and returned to North the recommendations of the United Nations 10 to 20 years we are going to see a Convention relating to the Status of Refu- transformation in the way Koreans and Korea where they face torture, impris- gees of 1951 and the Protocol relating to the Japanese relate to each other, and per- onment, and execution, as amended. Status of Refugees of 1967 that such a right haps we will look back at the World The Clerk read as follows: be granted; Cup and say that this game helped. It H. CON. RES. 213 Whereas people attempting to assist North may be just a game, but the results can Whereas the Government of North Korea is Korean refugees inside China face danger be- be inspirational, and that is why I urge controlled by the Korean Workers Party, cause of their efforts, including Chun Ki which does not recognize the right of North Won, a South Korean citizen detained inside passage of this resolution. China since December 2001, and the Reverend Mr. Speaker, I have no further speak- Koreans to exercise the freedoms of speech, religion, press, assembly, or association; Kim Dong Shik, a United States permanent ers requesting time, and I reserve the Whereas the Government of North Korea resident allegedly abducted by North Korean balance of my time. imposes punishments, including execution, agents inside China in January 2000; and Mr. FALEOMAVAEGA. Mr. Speaker, for crimes such as attempted defection, slan- Whereas the Government of China recently I yield myself such time as I may con- der of the Korean Workers Party, listening has permitted some North Koreans who have sume. to foreign broadcasts, possessing printed managed to enter foreign diplomatic com- matter that is considered reactionary by the pounds to travel to South Korea via third I again want to compliment the countries, but has forcibly repatriated to statements made earlier by my col- Korean Workers Party, and holding prohibited religious beliefs; North Korea many others captured inside league and friend from Iowa (Mr. Whereas genuine religious freedom does China: Now, therefore, be it LEACH) and certainly the gentleman not exist in North Korea and reports of exe- Resolved by the House of Representatives (the from California (Mr. ROYCE) for bring- cutions, torture, and imprisonment of reli- Senate concurring), That Congress— ing this legislation to the floor. I sup- gious persons in the country continue to (1) encourages the Government of China to pose we have a dream some day that emerge; honor its obligations under the United Na- soccer will become truly a sport in Whereas the Government of North Korea tions Convention relating to the Status of America as well and I hope to add holds an estimated 200,000 political prisoners Refugees of 1951, as modified by the Protocol rugby as well in the coming years for in camps that its State Security Agency relating to the Status of Refugees of 1967, manages through the use of forced labor, by— our country. I know we love football. I beatings, torture, and executions, in which (A) halting the forced repatriation of know we love baseball, but I think soc- many prisoners also die from disease, starva- North Koreans who face a well-founded fear cer and rugby ought to be added as tion, and exposure; of persecution if they are returned to North well. Again, let us pass this resolution. Whereas at least 1,000,000 North Koreans Korea; Mr. Speaker, I yield back the balance are estimated to have died of starvation (B) making genuine efforts to identify and of my time. since 1995 because of the failure of the cen- protect the refugees among the North Ko- Mr. ROYCE. Mr. Speaker, I yield my- tralized agricultural system operated by the rean migrants encountered by Chinese au- Government of North Korea; thorities, including providing refugees with a self such time as I may consume. Whereas the combination of political, so- reasonable opportunity to request asylum; I think we have soccer as a sport. cial, and religious persecution and the risk (C) providing North Korean refugees resid- The question is will we have to call it of starvation in North Korea is causing ing in China with safe asylum; football? many North Koreans to flee to China; (D) allowing the United Nations High Com- Mr. Speaker, I yield back the balance Whereas between 100,000 and 300,000 North missioner for Refugees to have access to all of my time. Koreans are estimated to be residing in North Korean refugees residing in China; and China without the permission of the Govern- (E) cooperating with the United Nations The SPEAKER pro tempore (Mr. DAN ment of China; High Commissioner for Refugees in efforts to MILLER of Florida). The question is on Whereas in past years some Chinese au- resettle North Korean refugees residing in the motion offered by the gentleman thorities appear to have tolerated quiet ef- China to other countries; from California (Mr. ROYCE) that the forts by nongovernmental organizations to (2) encourages the Secretary of State— House suspend the rules and agree to assist North Korean refugees in China, and (A) to work with the Government of China the concurrent resolution, H. Con. Res. have allowed the departure of limited num- toward the fulfillment of its obligations de- 394. bers of North Korean refugees after the advo- scribed in paragraph (1); and The question was taken. cacy of third countries, whose diplomatic fa- (B) to work with concerned governments in The SPEAKER pro tempore. In the cilities granted these refugees sanctuary; the region toward the protection of North Whereas the Governments of China and Korean refugees residing in China; opinion of the Chair, two-thirds of North Korea have begun aggressive cam- (3) encourages the United Nations High those present have voted in the affirm- paigns to locate North Koreans who are in Commissioner for Refugees to facilitate the ative. China without permission and to forcibly re- resettlement of the North Korean refugees Mr. ROYCE. Mr. Speaker, on that I turn them to North Korea; residing in China in other countries; demand the yeas and nays. Whereas North Koreans who seek asylum (4) encourages the Secretary of State to The yeas and nays were ordered. while in China are routinely imprisoned and begin efforts toward the drafting, introduc- The SPEAKER pro tempore. Pursu- tortured, and in some cases killed, after they tion, and passage of a resolution concerning are returned to North Korea; human rights in North Korea at the 59th Ses- ant to clause 8 of rule XX and the Whereas the United Nations Convention re- sion of the United Nations Commission on Chair’s prior announcement, further lating to the Status of Refugees of 1951, as Human Rights in March 2003; proceedings on this motion will be modified by the Protocol relating to the Sta- (5) urges the Government of China to re- postponed. tus of Refugees of 1967, defines a refugee as a lease Mr. Chun Ki Won; and

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.079 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3413 (6) urges the Governments of the United North Korea will seize the opportunity In terms of diplomatic efforts and an States, South Korea, and China to seek a full to demonstrate its sincerity through effort to forge a more lasting and hu- accounting from the Government of North negotiations and begin to alleviate the mane resolution for North Korean refu- Korea regarding the whereabouts and condi- concerns of the world community. gees, the United States should vigor- tion of the Reverend Kim Dong Shik. As we have all come to understand, ously pursue bilateral and multilateral The SPEAKER pro tempore. Pursu- the world has increasingly become discussions on that topic with relevant ant to the rule, the gentleman from aware that North Korea has been at the nations and international organiza- Iowa (Mr. LEACH) and the gentleman center of one of the greatest human tions, including China, South Korea, from American Samoa (Mr. rights tragedies in recent decades. Be- Japan, Russia, Mongolia, and the U.N. FALEOMAVAEGA) each will control 20 ginning in the mid-1990s, economic col- High Commissioner for Refugees. minutes. lapse and natural disasters combined The United States should increase The Chair recognizes the gentleman to produce famine conditions that have humanitarian assistance to North Ko- from Iowa (Mr. LEACH). claimed as many as 2 million lives, per- reans both outside and inside their GENERAL LEAVE haps as many as 10 percent of the popu- country of origin. Mr. LEACH. Mr. Speaker, I ask unan- lation. The food crisis, compounded by In China, we should fully and visibly imous consent that all Members may repression and mismanagement, led support the UNHCR in its efforts to have 5 legislative days within which to many thousands of North Koreans to gain access to refugees in the northeast revise and extend their remarks and in- cross into China, primarily into Jilin of China. Humanitarian assistance to clude extraneous matter on the concur- and Liaoning Provinces. Estimates of these refugees must be supported. rent resolution under consideration. the number of North Koreans illegally Outside of China, we should explore The SPEAKER pro tempore. Is there inside China range from official esti- the possibility of establishing short to objection to the request of the gen- mates of 10,000 to 30,000, to unofficial medium-term facilities for North Ko- tleman from Iowa? estimates of 100,000 to 300,000. Simi- rean refugees in other countries in the There was no objection. larly, the flow of North Korean defec- region, such as Mongolia. Mr. LEACH. Mr. Speaker, I yield my- tors making their way to Seoul also Inside North Korea, the United self such time as I may consume. has increased dramatically in recent States should maintain and expand its Mr. Speaker, I rise today in support years. commitment to the World Food Pro- of H. Con. Res. 213, a resolution ex- Even for those North Koreans able to gram appeal. In this regard, the WFP pressing the sense of Congress regard- escape into China, the struggle to sur- has announced that its North Korean ing the plight of North Korean refu- vive is far from over. On the shores of program will run out of food in July or gees. In this regard, I would like to ac- the Tumen River, which is all that sep- August this year unless new pledges knowledge the leadership of three arates China and North Korea at one are made urgently. World Food Pro- Members of the House who have been point along the border, more hardship gram estimates that some 1.5 million instrumental to bring this resolution and sorrow await, including potential people will not get food because of the to the floor: The principal sponsor of victimization of human traffickers, un- shortfall. At the same time, we and the resolution, the gentleman from sympathetic neighbors, as well as the other donors should continue strong California (Mr. ROYCE), the chairman police. support for the WFP’s efforts to im- The PRC’s reaction to the influx of of the U.S.-South Korean Inter- prove its access and food aid moni- North Koreans appears to fluctuate be- parliamentary Exchange, the gen- toring within North Korea. tween placid tolerance and bouts of re- tleman from Illinois (Mr. KIRK), who In addition, Congress and the Execu- pression. As a matter of principle, Bei- traveled to North Korea as a staffer for tive should be open to supporting inno- jing maintains that the North Koreans the Committee on International Rela- vative, small-scale programs to provide are economic migrants. In practice, tions and who recently chaired a Con- food and other humanitarian assist- however, local authorities in the past gressional Human Rights Caucus brief- ance through United States nongovern- have allowed nongovernment organiza- ing on the subject and, of course, the ment organizations operating in North tions to assist refugees in China, and gentleman from American Samoa (Mr. Korea. even turned a blind eye to facilitate FALEOMAVAEGA), the ranking member From a human rights perspective, we their asylum to South Korea through of the Subcommittee on East Asia and must continue to improve our limited third countries, provided such activi- the Pacific. knowledge of human rights and human- ties remain low profile. But Beijing The subcommittee has become in- itarian conditions inside China, and we also orders periodic crackdowns creasingly concerned about a trio of in- should consider funding efforts to sys- against refugees and those who assist creasingly significant humanitarian tematically interview and debrief the them. and foreign policy issues that have Repatriated North Korean migrants increasing number of North Korean ref- arisen as a direct consequence of North can expect to face a broad range of ugees and defectors inside South Korea Korea’s inhumane and failed system of maltreatment, which may involve and elsewhere. governance, all of which have impor- beatings, incarceration, and torture. From a resettlement perspective, tant implications for the United States Others, such as asylum-seekers, known North Korean refugees are currently and the international community: Ref- religious believers, and high-profile de- caught in a legal Catch-22, based on ugees, acute food shortages and human fectors, risk execution or internment their claim to automatic South Korean rights. This May the subcommittee in a labor camp for political prisoners. citizenship under the Constitution of held an extensive hearing on the sub- The United States can hardly ignore the Republic of Korea. Yet, except in ject, including testimony from experts this situation. Our dilemma is how we high-profile cases, North Korean asy- in the field as well as from several can make a modest contribution to lum-seekers are not treated as South North Korean defectors, survivors of this circumstance without exacer- Korean citizens at South Korea’s em- some of the most challenging rigors of bating the lamentable plight of North bassy and consulates inside China, and the human condition. Koreans in northeastern China. In this thus are routinely turned away. In ad- Consideration of this resolution is regard, and at the risk of presumption, dition to Chinese blockage, other em- particularly timely, given the recent I would like to suggest a five-pronged bassies discourage refugees from seek- dramatic increase of North Korean asy- strategy. ing asylum in their countries because lum bids through Western embassies in First, with regard to North-South re- they regard the refugees as citizens of Beijing. It also takes place against the lations, we must understand that while South Korea where they would not face sensitive diplomatic backdrop of re- attempts to negotiate with North a reasonable fear of persecution. In this newed North-South dialogue, tentative Korea involve an experiment with the circumstance, where asylum claims are steps toward reengagement between bizarre, our unequivocal support for regularly thwarted, we have an obliga- Tokyo and Pyongyang, and the planned North-South rapprochement and even- tion to discuss with the South Koreans resumption of high-level dialogue be- tual reunification must be maintained and Chinese ways all interested parties tween the United States and North as a primary strategic objective in can work to regularize the treatment Korea. Congress hopes and expects that Northeast Asia. of North Korean refugees in China.

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.068 pfrm01 PsN: H11PT1 H3414 CONGRESSIONAL RECORD — HOUSE June 11, 2002 While the case for pursuing diplo- the most basic of human rights, have urges that the Government of the Peo- matic approaches in a low-key way been isolated from one another, and ple’s Republic of China should stop the may be compelling, the issue itself have been cut off from the rest of the forced repatriation of North Koreans must be understood as one of the sem- world by their government. and that China meet its obligations as inal human rights issues of our time. b 1715 a signatory to the United Nations Ref- In this regard we have brought this ugee Convention of 1951 and the subse- resolution, and in bringing it I would As assistant Secretary of State for quent 1967 Protocol. To meet these like to quote the words of President Democracy, Human Rights and Labor, treaty obligations, China should per- Bush. The President has said, and he Mr. Lorne Craner has recently testified mit the UNHCR access so that an ob- has been very succinct in this, that regarding North Korea: ‘‘The reports jective determination can be made even though he considers North Korea that make it out of North Korea paint whether these North Korean refugees as a country which has starved its peo- a shocking, often horrifying, picture of have a well-founded fear of persecution ple while developing weapons of mass brutality, oppression, injustice and before being shipped back en masse as destruction, he has been careful to ob- deprivation. Individual rights are con- economic migrants. serve that America has ‘‘great sym- sidered subversive to the rights of the Mr. Speaker, the Chinese Govern- pathy and empathy for the North Ko- State and the Party, with no freedom ment is at a historic point in its rela- rean people. We want them to have of expression, assembly or belief. The tions with the rest of the world. China food. We want them to have freedom.’’ regime uses extreme suppression and a has just joined the World Trade Organi- This timely resolution appropriately pervasive surveillance network to in- zation, will soon host the Olympic expresses this sympathy and concern timidate and instill fear in the popu- games, and has increasingly played an from the people’s House to the North lation. It maintains control through active role in key international foreign Korean people. We urge its adoption. terror, threat of severe punishment and policy matters, including Afghanistan, Mr. Speaker, I reserve the balance of the manipulation of privileges.’’ the global war on terrorism and the my time. Mr. Speaker, due to the DPRKs disas- India-Pakistan controversy. Mr. FALEOMAVAEGA. Mr. Speaker, trous agricultural and economic poli- China’s leaders need to understand I yield myself such time as I may con- cies, which have been compounded by that abiding by international agree- sume. natural disasters, the North Korean ments, including the United Nations (Mr. FALEOMAVAEGA asked and people have been made to suffer Refugee Convention, is a crucial re- was given permission to revise and ex- through a brutal famine that has killed sponsibility that major global powers tend his remarks.) well over a million, perhaps up to 3 cannot run away from. To the world, it Mr. FALEOMAVAEGA. Mr. Speaker, million, of their fellow citizens and left is abundantly clear that the North Ko- as a cosponsor of H. Con. Res. 213, I am a generation of their children phys- rean refugees in China are not simply honored to speak on behalf of this leg- ically and mentally stunted. fleeing for economic reasons, and it is islation which focuses on the tragic I recall recently a statement made by important for their safety as well as plight of tens, if not hundreds, of thou- the Senator from Hawaii, Senator China’s reputation that a process be sands of North Korean citizens who INOUYE, on his recent visit to North set up to interview the refugees to de- have sought safety and refuge in the Korea, and the most unusual thing that termine whether they have a well- People’s Republic of China. he observed when he visited the capital founded fear of persecution before they I deeply commend the primary au- of Pyongyang, there were no birds. He are returned to North Korea. thors of the legislation, the gentleman did not hear one bird noise ever in the Mr. Speaker, the legislation before us from California (Mr. ROYCE) and the whole area. It is just really, really ter- addresses one of the most disturbing gentleman from California (Mr. BECER- rible to consider this observation. humanitarian tragedies now unfolding RA,) and also the gentleman from Illi- Given these terrible conditions in in the world and rightfully calls upon nois (Mr. KIRK) for his tremendous help North Korea, Mr. Speaker, it is not the People’s Republic of China to work on this legislation. surprising that over 100,000 refugees, with our government, other nations in Their hard work is just another ex- the vast majority of them women and the region, and the United Nations to ample of the tremendous leadership children, have fled their homeland for find a just and proper resolution of this they have demonstrated in chairing the northeast China. As many of us know, refugee crisis. U.S.-Republic of Korea Interparliamen- the plight of these North Korean refu- I urge my colleagues to support this tary Exchange. I would be remiss if I gees has received intense international legislation. did not also commend the gentleman attention recently, with several high- Mr. Speaker, I reserve the balance of from Iowa (Mr. LEACH), the chairman profile incidents where North Koreans my time. of the Subcommittee on East Asia and have sought refuge in foreign embas- Mr. LEACH. Mr. Speaker, I yield 6 the Pacific of the Committee on Inter- sies and consulates in the People’s Re- minutes to the distinguished gen- national Relations, with whom I have public of China. Right now in Beijing, tleman from California (Mr. ROYCE), the distinct pleasure to serve as the 17 North Koreans languish in the South the author of this resolution and the subcommittee’s ranking Democrat, for Korean embassy and two in the Cana- leader in Congress on so many Korean the attention he has focused on the dian embassy after entering the diplo- issues. North Korean humanitarian refugees’ matic compounds and requesting asy- Mr. ROYCE. Mr. Speaker, I thank crisis. lum. Chairman LEACH, and I thank Ranking Our subcommittee recently held In the past, China has attempted to Member FALEOMAVAEGA for his leader- hearings on this troubling issue, and turn a blind eye to the refugee crisis ship as well. I also want to thank the has contributed significantly to the created by its Communist neighbor and gentleman from Illinois (Mr. KIRK). I final text of H. Con. Res. 213. I thank quietly tolerated NGO efforts to assist want to thank him for his rather ex- the chairman and ranking member of the North Korean refugee community traordinary work along the North Ko- our Committee on International Rela- within its borders. Unfortunately, in rean-Chinese border. To my knowledge, tions, the gentleman from Illinois (Mr. response to the recent media attention he is one of the few non-North Koreans HYDE), and the gentleman from Cali- and heightened international scrutiny, who has managed to travel into North fornia (Mr. LANTOS), for their vital the People’s Republic of China has cho- Korea and because of his extensive leadership and support in moving this sen to enforce a crackdown on the ref- interviews of starving men and des- measure for consideration on the floor. ugee community, and they are being titute women and orphaned children Mr. Speaker, many have advocated sent back en masse to North Korea to across North Korea and in northern the citizens of North Korea are perhaps face certain imprisonment, torture or China, we know a great deal more the least free of all the people living on even death. about the crisis there. this planet. Suffering from the past 5 Mr. Speaker, China’s actions are I chair the U.S.-Republic of Korea decades under one of the world’s most highly regrettable and certainly in vio- Interparliamentary Exchange. Last ruthless totalitarian regimes, the peo- lation of international rules. The heart summer I introduced this resolution on ple of North Korea have been denied of the resolution before us rightfully North Korean refugees after learning

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.085 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3415 about the unimaginable suffering many North Koreans have been willing I, too, rise in support of House Con- North Korean refugees face in China. I to risk their lives to cross into the current Resolution 213, regarding learned this from my Korean counter- closest country, which is China. Yet as North Korean refugees in China. It ap- parts. Sometime after that, we had an explained, despite the obligations that pears that we continue to see the num- opportunity to hear from the gen- China has taken as a signatory to the bers grow of North Koreans who are tleman from Illinois. In his testimony, convention relating to the status of fleeing their country, many of whom the gentleman from Illinois recorded refugees of 1951 and the Protocol relat- have ended up in China. Some 312 or so for our committee the horror that is ing to the status of refugees of 1967, have ended up in South Korea in the going on in North Korea. This situa- China refuses to recognize North Kore- last several years, they have defected tion, frankly, is critical right now to ans as refugees. They classify them in- to South Korea, and we have seen more the hundreds of thousands of North Ko- stead as economic migrants. Chinese and more of these incidents occurring reans that have escaped over the bor- and North Korean police have worked where individuals who are fleeing der into China. in tandem to hunt down North Koreans North Korea, in the case of their depar- North Korea systematically starves hiding in China. The Chinese Govern- ture to China, are being returned by its population. It attacks freedom of ment forcibly repatriates all captured China to North Korea without knowing speech, it suppresses religion, it con- North Koreans, guaranteeing their im- fully well what the consequences might strains movement of its citizens, and prisonment and torture and sometimes be upon their return. frankly it gives preferential access to death. China’s enthusiasm for enforc- social services based on allegiance to ing North Korea’s policies is uncon- b 1730 the cult of personality surrounding scionable. An estimated 150,000 to 300,000 North Kim Jung-Il. There are 43 counties in Because China will not allow the Koreans currently are living without North Korea. There are a number of U.N. High Commission for Refugees ac- status in China. We are aware of the counties in North Korea where people cess to North Koreans, defectors have treaty that China has with North are not considered sufficiently loyal, created innovative methods for getting Korea which allows China to view these and it is the people in these regions asylum in other countries. Since individuals as undocumented immi- who are being starved. At the same March, we have had 38 desperate North grants or economic migrants, and, as a time, any perceived disobedience in Koreans who have risked deportation result, to send them back to North North Korea can land the offender and to North Korea by dashing into or Korea, and, again, without any consid- the offender’s family in what is called climbing the walls of foreign diplo- eration for the consequences of that re- a labor camp. matic missions in order to travel to patriation. Last month, three North Korean de- South Korea via third countries. As a We have to acknowledge that in the fectors testified before the Asia Sub- result, the Chinese have stepped up po- case of North Korea, there are massive committee. I would like to call my col- lice forces around embassies and food shortages in that country. Right leagues’ attention to the testimony of cracked down on nongovernmental or- now we are told that North Korea can- Ms. Lee Soon-ok, a former North Ko- ganizations and church groups. not feed about one-third of its people, Some have suggested the treatment rean party official who was held for so clearly there are cases for economic of North Koreans in China should be several years inside one of these North migrants who do depart from North handled quietly behind diplomatic Korean labor camps. She described in Korea. closed doors. Yet it is exactly the gruesome detail the condition inside But the cases that we have seen go media attention that has finally the camp, telling of public executions far beyond those who are leaving only brought this situation to light and gen- in which the prisoners would have to for economic reasons. We know that erated an international outcry that stand at attention to watch the execu- there are, in many cases, straight and may force China to relent. very clear political reasons for many of tion, and telling of 150 female prisoners Mr. FALEOMAVAEGA. Mr. Speaker, these individuals leaving, and in some being used to test a chemical gas and it is my privilege to yield such time as cases religious persecution as well. as a consequence of that test, all 150 he may consume to the gentleman Yet, with all of that, the Chinese Gov- lost their lives. from California (Mr. BECERRA). In her testimony, she describes life in Mr. BECERRA. Mr. Speaker, I thank ernment refuses to permit the United a North Korean prison, and I will just the gentleman for yielding the time. I Nations High Commissioner for Refu- use her words. She said, ‘‘A prisoner would like to thank him and, of course, gees, UNHCR, to evaluate North Ko- has no right to talk, laugh, sing or the chairman of the committee, the rean refugees in China to determine look in a mirror. Prisoners must kneel gentleman from Iowa (Mr. LEACH), and whether or not they deserve political down on the ground and keep their certainly, of course, the chairman of asylum. Under Chinese law, in fact, heads down deeply whenever called by the subcommittee in question here, the anyone aiding a fleeing North Korean a guard. They can say nothing except gentleman from California (Mr. is subject to a fine, and there is word to answer questions asked. Prisoners ROYCE), for their leadership. I know that bounties are paid to Chinese citi- have to work as slaves for up to 18 that I have had several opportunities zens who turn in North Koreans to the hours a day. Repeated failure to meet working with the gentleman from Cali- Chinese authorities. the work quotas means a week’s time fornia (Mr. ROYCE) to try to address The purpose of this resolution is two- in a punishment cell. A prisoner must some of the issues that affect the Ko- fold, I believe. First, under both inter- give up their human worth.’’ She said rean peninsula, both South Korea and national and humanitarian grounds, we that prisoners are even used by their North Korea, and certainly we can turn should be calling on China to provide guards for martial arts practice. The to the gentleman from California (Mr. North Koreans whose asylum requests guards punch and kick prisoners during ROYCE) always as a voice and a leader have been rejected with the right to martial arts practice. The prisoners on issues affecting the Korean people. have the rejection reviewed by inter- fall bleeding at the first blows and re- As two individuals who hail from national authorities prior to deporta- main motionless for a while on the ce- southern California and with large pop- tion of these North Koreans back to ment floor until they are kicked back ulations of Americans of Korean de- their homeland. That is something into their cells. scent, I think we both understand the that they would be obliged to provide It is estimated that North Korea’s plight of those individuals who are to any individual who claims refugee prison camp system currently holds seeking freedom in the Korean penin- status under the United Nations 1951 about 200,000 people in conditions so sula, and we do everything we can to convention relating to the status of brutal that over 400,000 have died in try to address that concern, because refugees and as it has been modified in those prisons since 1972. I have heard whether you are of Korean ancestry or 1967 through the Protocol relating to from North Koreans who say it is rare if you happen to hail from this country the status of refugees. for a prisoner to survive more than 8 from generations back, I think we all The second purpose is to urge China years. Given the repression, given the understand that freedom and democ- to allow the UNHCR to have access to desperate conditions for those who run racy are what we would all love to all North Korean refugees who reside in afoul of the rules, it is no surprise that leave as a legacy to our kids. China.

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.088 pfrm01 PsN: H11PT1 H3416 CONGRESSIONAL RECORD — HOUSE June 11, 2002 I urge my colleagues to support H. tality of the Pyongyang regime and the are reviled as traitors and Con. Res. 213 to recognize the plight of hardships those witnesses endured as counterrevolutionaries when they are re- refugees who are in China from North refugees inside of China. turned to North Korea. But women who have Korea who are trying to flee political Two of the witnesses were rare sur- become pregnant, especially by Chinese men, face special abuse. and religious suppression and persecu- vivors of North Korea’s concentration ‘‘Several hundred babies were killed last tion, and know fully well that we can camps, where nearly 200,000 of their year in North Korean prisons,’’ said Willy have a voice in trying to aid these indi- countrymen and women are being held Fautre, director of Human Rights Without viduals towards democracy and liberty. today. These camps are places where Frontiers, a private group based in Brussels. I applaud the chairman for this effort prisoners are worked or starved to Mr. Fautre said that over the last 18 months, to bring this to the floor; I certainly death, where Christians are killed by he and his volunteers had interviewed 35 re- applaud our ranking member for his co- torture, where people attempting to es- cent escapees from North Korean camps. Of the 35, he said, 31 said they had wit- operation and support of this resolu- cape are publicly shot or dragged to nessed babies killed by abandonment or tion; and mostly I support and want to death behind trucks, where newborn being smothered with plastic sheets. Two de- applaud the gentleman from California babies are killed in front of their moth- fectors later described burying dead babies, (Mr. ROYCE), the chairman of the Sub- ers, and where prisoners are used as and two said they were mothers who saw committee on East Asian and Pacific guinea pigs for chemical weapons ex- their newborns put to death. Affairs, for his valiant efforts, not just periments. The Korean people in the ‘‘This is a systematic procedure carried today, but in the past, to aid the Ko- north are suffering unspeakable evil at out by guards, and the people in charge of rean peninsula in moving forward to- the hands of Kim Jong Il. the prisons—these are not isolated cases,’’ Mr. Fautre said in a telephone interview. ward democracy. Mr. Speaker, as a party to the U.N. ‘‘The pattern is to identify women who are Mr. LEACH. Mr. Speaker, I yield 3 refugee convention, China has bound pregnant, so the camp authorities can get rid minutes to the gentleman from New itself not to return North Koreans who of the babies through forced abortion, tor- Jersey (Mr. SMITH), the distinguished face a well-founded fear of persecution. ture or very hard labor. If they give birth to vice chairman of the committee. However, for much of the past year, a baby alive, the general policy is to let the Mr. SMITH of New Jersey. Mr. Chinese authorities have conducted a baby die or to help the baby die with a plas- Speaker, I rise in very strong support crackdown against North Korean refu- tic sheet.’’ of H. Con. Res. 213 regarding the plight gees. They have routinely rounded up Lee Soon Ok, who worked as an account- of North Korean refugees inside of ant for six years at Kaechon political prison, many North Koreans and forcibly sent recalled in an interview that she twice saw China. I want to thank the chief spon- them back to uncertain and sometimes prison doctors kill newborn babies, some- sor, the gentleman from California deadly fates. North Korean undercover times by stepping on their necks. (Mr. ROYCE), for introducing this im- agents are active inside China helping With virtually no medical care available portant resolution nearly a year ago, to capture and return escapees. for prisoners, surgical abortions were not an long before this issue had hit the U.S. Mr. Speaker, I urge strong supports option. Ms. Lee, 54 and an economic re- press. I also want to thank him for ac- for this resolution. searcher in Seoul, said: ‘‘Giving birth in pris- cepting language that I suggested that Mr. Speaker, I include the New York on is 100 percent prohibited. That is why they kill those babies.’’ goes into more detail about the human Times article, ‘‘Defectors From North Ms. Lee, who has written a book about her rights situation inside of North Korea, Korea Tell of Prison Baby Killings’’ for prison experiences, seeks to focus attention and, most importantly, language that the RECORD. on North Korea’s prison system. On May 2, urges the State Department to begin [From the New York Times, June 10, 2002] she was one of three North Korean defectors who testified on human rights abuses at a work now and draft and pass a North DEFECTORS FROM NORTH KOREA TELL OF hearing of the House International Relations Korea human rights resolution at next PRISON BABY KILLINGS year’s session of the U.N. Human Committee. (By James Brooke) On Jan. 19, North Korea’s official news Rights Commission in Geneva. SEOUL, SOUTH KOREA.—On a cold March agency said the charges by Human Rights It is amazing to me that such a de- day, the bleak monotony of a North Korean Without Borders that ‘‘unborn and newly plorable situation has received so little prison work detail was broken when a squad born babies are being killed in concentration attention from the international com- of male guards arrived and herded new camps’’ were ‘‘nothing but a plot delib- munity. That shameful silence must women prisoners together. One by one, they erately hatched by it to hurl mud’’ at North end. were asked if they were pregnant. Korea. Since then, accusations of baby kill- Mr. Speaker, as has been described by ‘‘They took them away in a car, and then ing in North Korean prisons have increased. my colleagues, hundreds of thousands forcibly gave them abortion shots,’’ Song They were featured in February at a Myung Hak, 33, a former prisoner, recalled in of North Koreans are inside China human rights conference on North Korea, in a interview here about the day two years ago Tokyo, and in March the claims were in- today having fled from starvation and when six pregnant prisoners were taken from cluded for the first time in the State Depart- brutal repression inside of North his work unit in the Shinuiju Provincial De- ment’s annual human rights report on North Korea. Although many of them have tention Camp. ‘‘After the miscarriage shots, Korea. They were raised in April by Euro- left in search of food, many of them are the women were forced back to work.’’ pean Union delegates to the United Nations genuine refugees. Many more of them, More and more escapees from North Korea Commission on Human Rights, and in May however, have become refugees because are asserting that forced abortions and in- by a former North Korean prisoner who tes- of the persecution that they would face fanticide are the norm in North Korean pris- tified before a House committee. ons, charges the country’s official Korean North Korea’s mission to the United Na- if forcibly returned. Central News Agency has denounced as ‘‘a tions did not return telephone messages North Koreans who attempt to es- whopping lie.’’ about the charges. But on May 9, at the cape to third countries or who have In 2000 and 2001, China deported thousands United Nations conference on children in contact with South Korean or mis- of North Korean refugees, with many ending New York, the North Korean delegate said sionary groups while in China face exe- up in North Korean prison camps. People his nation regarded each child as a ‘‘king of cution or imprisonment in labor camps who later managed to escape again, to China the country.’’ in North Korea. As the front page of and South Korea, say that prisoners discov- But recent interviews with seven defectors yesterday’s New York Times pointed ered to be pregnant were routinely forced to now living in the Seoul area provided a de- have abortions. If babies were born alive, tailed and different picture of North Korean out, pregnant women returned to North they say, guards forced prisoners to kill prison camps. Korea are forced to undergo abortions them. All of the recent defectors except one, Mr. or their babies are killed once they are Earlier defectors from North Korea say Song, allowed publication of only their fam- born. I will include that article for the that the prohibition on pregnancy in prisons ily names, which are common Korean sur- RECORD. dates back at least to the 1980’s, and that names. These four said they feared reprisals At the ground breaking hearing, Mr. forced abortions or infanticide were the rule. against relatives in the North. Two defec- Speaker, convened by the gentleman Until recently, though, instances of preg- tors, who had escaped almost a decade ago nancy in the prisons were rare. after working in the prison camp system, al- from Iowa (Chairman LEACH) of the China’s deportations of thousands of illegal lowed their full names to be used. Subcommittee on East Asia and the migrants from North Korea in recent years The defectors’ names and phone numbers Pacific last month, we heard from has resulted in a sharp increase in the num- were supplied by Human Rights Without three credible North Korean defectors ber of pregnant women ending up in North Borders. They were interviewed individually, who described the unbelievable bru- Korean prisons. Defectors, male and female, in their homes, without human rights or

VerDate 11-MAY-2000 05:10 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.090 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3417 government officials present. South Korea’s The current wave of reported baby killings Again, I want to commend my good government, seeking to avoid conflict with has nationalistic overtones. friend, the gentleman from Iowa (Mr. ‘‘The guards would scream at us: ‘You are the North, discourages defectors from speak- LEACH), for his leadership in working ing out. carrying Chinese sperm, from foreign coun- In her Seoul apartment, Mrs. Lee, 64 and tries. We Koreans are one people, how dare this legislation, especially with the no relation to Lee Song Ok, said she was still you bring this foreign sperm here,’’’ Miss leadership of the House as well, and haunted by memories of prison after being Lee, the vocational student, recalled. ‘‘Most also the gentleman from California deported from China in 2000. of the fathers were Chinese.’’ (Mr. ROYCE), the gentleman from Illi- Mrs. Lee who is the widow of a North Ko- But two decades before pregnant refugees nois (Mr. KIRK), and other Members. rean general, recalled thinking that she had were forced home from China, infanticide Mr. Speaker, I again urge my col- won an easy job in the clinic after arriving was standard practice in the North Korean leagues to support this resolution. on June 14, 2000, at the Pyongbuk Provincial prison system, a former guard said in an interview near here. Mr. Speaker, I yield back the balance Police Detention Camp. Then, she said, she of my time. saw a prison doctor give injections to eight ‘‘Ever since Kim II Sung’s time, it has been pregnant women to induce labor. a North Korean regulation to prevent women Mr. LEACH. Mr. Speaker, I thank the ‘‘The first time, a baby was born, I didn’t from delivering babies in prisons,’’ said Ahn gentleman for his kindness. know there was a wooden box for throwing Myung Chul, a 33-year-old bank employee, Mr. Speaker, I yield such time as he babies away,’’ Mrs. Lee recalled. ‘‘I got the who worked as a guard from 1987 to 1994 in may consume to the gentleman from four North Korean camps. Mr. Ahn, who also baby and tried to wrap it in clothes. But the Illinois (Mr. KIRK). The House of Rep- security people told me to get rid of it in the trained guards, added in an interview: ‘‘If babies have to be delivered, babies have to be resentatives is fortunate to have in its wooden box.’’ midst one of the true experts on a very That day, she said, she delivered six dead killed. The trainers told military personnel babies and two live ones. She said she that this is the procedure.’’ acute issue in international affairs. watched a doctor open the box and kill the Foreign journalists traveling inside North (Mr. KIRK asked and was given per- two live babies by piercing their skulls with Korea are restricted to tightly guided tours, mission to revise and extend his re- surgical scissors. The next day, she said, she and requests by the International Committee marks.) helped to deliver 11 dead babies from 20 preg- of the Red Cross to visit prisons are rou- Mr. KIRK. Mr. Speaker, I want to nant women who had been injected to induce tinely rejected. ‘‘Those of us inside the country have no commend the gentleman from Iowa delivery. knowledge of the existence of prison camps (Chairman LEACH), the gentleman from In 2000, from March to May, 8,000 North Ko- or practices inside them,’’ Richard Bridle, New Jersey (Chairman SMITH), the gen- rean defectors, overwhelmingly women, were the Unicef representative in North Korea’s tleman from California (Chairman deported from China to North Korea during a capital, Pyongyang, said by telephone. crackdown on prostitution and forced mar- ROYCE), and our ranking Democratic Asked about infanticide policies, he said: riages, according to D. K. Park, a retired members, the gentleman from Cali- ‘‘The only stories we get are from outside. fornia (Mr. LANTOS) and the gentleman United Nations worker who works with There is no information circulating inside’’ Human Rights Without Frontiers along the North Korea. from American Samoa (Mr. border between North Korea and China. North Korea’s prison camp system cur- FALEOMAVAEGA), as well as the gen- ‘‘They blame North Korean women for hav- rently holds about 200,000 people in condi- tleman from California (Mr. BECERRA), ing Chinese babies and just kill the babies,’’ tions so brutal that an estimated 400,000 peo- a strong voice for Koreans, for this res- Mr. Song, now a college student in Seoul, ple have died in prison since 1972, according olution. said of his time in Shinuiju prison in 2000. to the U.S. Committee for Human Rights in Mrs. Park, 41, no relation to the rights North Korea is the humanitarian North Korea, a private group based in Wash- issue of this decade. As South Korea worker, said she was among those caught in ington. a Chinese sweep two years ago, ending up in ‘‘Nothing would surprise in accounts of celebrates the World Cup, people in a work camp in Onsong, North Korea. She this kind,’’ Selig S. Harrison, the director of North Korea are starving. In 1997 and was nine months pregnant at the time. the national security program at the Center 1998, I went to North Korea, from ‘‘One day, they gave me a big injection,’’ for International Policy, in Washington, and Changin to Sariwon, Huichon to she said. ‘‘In about 30 minutes I went into an expert on North Korea, Mr. Harrison, a Wonson. I saw the faces of hundreds of labor. The baby I delivered at the detention seven-time visitors to Pyongyang, added: camp was already dead.’’ children starving, like Kim Uan Bok, ‘‘North Korea is a repressive, repugnant, to- age 12, weight 35 pounds, in Huichon For babies born alive in prison cells, defec- talitarian state, and it certainly uses repug- tors say, male guards threaten to beat nant methods in its prison system and in its Hospital Number 1. I also traveled to women prisoners if they do not smother concentration camps.’’ China, along North Korea’s border, and newborns with pieces of wet plastic that are Mr. FALEOMAVAEGA. Mr. Speaker, I met the Kot Je Be, Black Swallows thrown between the bars. I yield myself such time as I may con- children, orphans who had escaped the ‘‘Guards told the prisoners to kill the ba- 9.27 prisons for hungry children located bies,’’ recalled Miss Lee, a 33-year-old voca- sume. tional student who is unrelated to the ac- Mr. Speaker, not wanting to be repet- in every ‘‘Ri,’’ or county, in North countant and the general’s widow. She said itive, I want to again share with my Korea. that in 2000, as she was moved among four colleagues the outstanding contribu- Beyond our nuclear nonproliferation camps, she saw four babies smothered at the tions of the chairman of our Sub- missions, we have three main goals in Onsong District Labor Camp in April, and committee on East Asia and the Pa- our policy in North Korea. First, Presi- three smothered at the Chongjin Provincial cific, the gentleman from Iowa (Mr. dent Reagan said that a hungry child Police Detention Camp in late May. LEACH), for his insight and efforts that knows no politics, and we are here still ‘‘The oldest woman in the cell did it reluc- in a state of war with North Korea, and tantly,’’ she said. ‘‘The young women were we have made in working on this reso- scared. The mothers would just cry in si- lution with our good friend, the gen- yet the U.S. feeds every North Korean lence.’’ tleman from California (Mr. ROYCE), child under the age of 15, 21 million Miss Lee, a former factory worker who sur- and the gentleman from California (Mr. meals a day. We need to bring back the vived in China through marriage to an eth- BECERRA). U.S. non-governmental organizations nic Korean Chinese, estimated that 70 per- The fact that our country is contrib- that work there, CARE, Mercy Corps cent of the people she saw deported from uting hundreds of millions of dollars, is and AMIGOS, back into this effort. I China in the spring of 2000 were women, and the largest donor in food aid, in fact, to also want to commend Kraft, a con- about one-third were pregnant. In the summer of 2001, a 28-year-old former North Korea, I think gives emphasis to stituent company in my district, for North Korean border guard surnamed Kim the fact that this issue is very serious. agreeing to help the new effort to feed was imprisoned at the same Chongjin deten- Certainly on our part, we are hopeful North Korean children. tion camp. There, he buried three newborn that the administration will continue We have a second mission, human babies wrapped in ‘‘blue-tinted plastic bags.’’ to pursue this in all earnestness and rights. There are 200,000 refugees in He recalled, ‘‘The prisoners were ordered to see that some resolution is made con- China. They arrive hungry and lost and get the babies coming from the mothers and cerning this issue of refugees coming need our help. They tell stories of to kill them.’’ from North Korea, going up to China. grandmothers and fathers in the Ko- His wife, a 25-year-old day-care worker in Unfortunately, the Chinese Govern- Seoul, said in the same interview at their rean tradition during times of crisis of apartment here that during her 10 weeks at ment has been very uncooperative with starving so that their kids may live. the same camp last summer, she counted the United Nations agencies to see that We should work with China and the seven babies born and smothered in nearby these refugees should be handled prop- U.N. Human Rights Commission to es- cells. erly. tablish refugee processing centers and

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.075 pfrm01 PsN: H11PT1 H3418 CONGRESSIONAL RECORD — HOUSE June 11, 2002 offer safe passage to South Korea, the of refugees on the run that they have chosen objection, referred to the Committee U.S. and Canada, to offer a new life for a homeless existence where they are subject on International Relations: North Korean refugees. Our law com- to exploitation, trafficking, and sexual abuse. To the Congress of the United States: mits us to reach out to a person with a He learned that some are so desperate that I am pleased to transmit herewith ‘‘well-founded fear of persecution.’’ I they threaten suicide rather than return to the final version of a report, prepared would put it to this House that anyone what they call a ‘‘hell on earth.’’ by my Administration, on the partici- forced to return to the DPRK has such An estimated 50,000 North Korean refugees pation of the United States in the a fear. were in China at the end of 2001. As many as United Nations and its affiliated agen- Finally, our third mission is to re- 100,000 North Koreans were displaced inside cies during the calendar year 2000. The unite Korean Americans with their re- North Korea. Other North Korean refugees, a report is submitted pursuant to the lations in North Korea. 500,000 Ameri- number that varies, are in Russia and else- United Nations Participation Act (Pub- cans have relations in North Korea, where, while many others find refuge in South lic Law 264, 79th Congress) (22 U.S.C. and hundreds of South Koreans have Korea. The government of Korea has been 287b). seen their kin, but no Americans. brutal in punishing those who seek to leave in GEORGE W. BUSH. Three months ago, the Korean-Amer- the midst of a famine that has been going on THE WHITE HOUSE, June 11, 2002. ican Coalition of the Midwest assem- since the mid-1990’s. Nearly 2 million North f bled 30,000 signatures from Korean Koreans, or about 10 percent of the popu- Americans calling on the Nation to lation, have died from hunger or famine-re- RECESS take up the issue of reunifying Ameri- lated disease since 1994. Still, the government The SPEAKER pro tempore. Pursu- cans with their North Korean rela- grants only limited access to the country’s ant to clause 12 of rule I, the Chair de- tions. I am pleased to report Secretary most vulnerable people to NGOs and other aid clares the House in recess until ap- Powell accepted their petition and groups and imposes capital crime punishment proximately 6:30 p.m. agreed to put the case of reunification on citizens who leave or attempt to leave the Accordingly (at 5 o’clock and 43 min- on the U.S.-DPRK agenda. country. Leaving for better conditions or for utes p.m.), the House stood in recess I commend the gentleman for the res- food is classified by the Government as ‘‘de- until approximately 6:30 p.m. olution and urge its rapid adoption. fection’’ punishable by torture, placement in f Mr. GILMAN. Mr. Speaker. I rise to voice work camps or even execution. my strong support for H. Con. Res. 213, re- There is no doubt that these people are ref- b 1830 garding North Korean refugees who are de- ugees by any definition. The U.S. Committee AFTER RECESS tained in China and forcibly returned to North for Refugees (USCR) believes that North Ko- Korea where they face torture, imprisonment, reans who flee their country without govern- The recess having expired, the House and execution. I thank the gentleman from ment permission have prima facie claims to was called to order by the Speaker pro California (Mr. ROYCE) for bringing this impor- refugee status, based on the likelihood of tempore (Mr. WHITFIELD) at 6 o’clock tant resolution before us today. being prosecuted for having exercised the and 30 minutes p.m. In recent years, endemic persecution and right to leave the country. f famine in North Korea has resulted in tens of As a recipient of these desperate people, ANNOUNCEMENT BY THE SPEAKER thousands of starving North Koreans fleeing we must encourage China not to arrest and PRO TEMPORE their country, and crossing over into China’s forcibly repatriate North Korean asylum seek- northeastern provinces. Some hide in the hills ers. We must encourage the Government of The SPEAKER pro tempore. Pursu- along the border and only survive by scav- China to honor its obligations under the United ant to clause 8 of rule XX, the Chair enging, begging or stealing. Others are em- Nations Convention relating to the Status of will now put the question on motions ployed at near-slave wages. Refugees of 1951, as modified by the Protocol to suspend the rules on which further Despite their desperate situation, North Ko- relating to the Status of Refugees of 1967 as proceedings were postponed earlier rean refugees in China are constantly pursued expressed in this measure. today in the order in which that mo- by the North Korean Public Security Service Mr. LEACH. Mr. Speaker, I have no tion was entertained. with the assistance of Chinese authorities. further requests for time, and I yield Votes will be taken in the following Many are apprehended and forcibly returned back the balance of my time. order: to North Korea, where they may face impris- The SPEAKER pro tempore (Mr. DAN H. Res. 438, de novo; onment and even the death penalty under the MILLER of Florida). The question is on H. Con. Res. 394, by the yeas and North Korean Criminal Law. the motion offered by the gentleman nays; and The Chinese government has repeatedly from Iowa (Mr. LEACH) that the House H. Con. Res. 213, by the yeas and failed to take into account the plight of those suspend the rules and agree to the con- nays. in need of protection, and continue to define current resolution (H. Con. Res. 213), as The Chair will reduce to 5 minutes all North Koreans as ‘‘illegal immigrants.’’ It is amended. the time for any electronic vote after imperative that the Government of China act The question was taken. the first such vote in this series. to protect refugees from North Korea residing The SPEAKER pro tempore. In the f in China and honor its obligations under the opinion of the Chair, two-thirds of SENSE OF CONGRESS ON United Nations Convention relating to the Sta- those present have voted in the affirm- IMPROVING MEN’S HEALTH tus of Refugees of 1951. ative. Accordingly, I urge my colleagues to support Mr. LEACH. Mr. Speaker, on that I The SPEAKER pro tempore. The H. Con. Res. 213 and join in urging the Chi- demand the yeas and nays. pending business is the question of sus- nese government to review its policy towards The yeas and nays were ordered. pending the rules and agreeing to the North Korean refugees and asylum seekers, The SPEAKER pro tempore. Pursu- resolution, H. Res. 438. and to cease the detention and forcible repa- ant to clause 8 of rule XX and the The Clerk read the title of the resolu- triation of those who are merely fleeing starva- Chair’s prior announcement, further tion. tion and persecution. proceedings on this motion will be The SPEAKER pro tempore. The Ms. JACKSON-LEE of Texas. Mr. Speaker, postponed. question is on the motion offered by I rise in support of House Concurrent Resolu- f the gentleman from New York (Mr. tion 213. I have followed the hearings on FOSSELLA) that the House suspend the North Korea in the Subcommittee on East UNITED STATES PARTICIPATION rules and agree to the resolution, H. Asia and the Pacific and have heard the plight IN THE UNITED NATIONS—MES- Res. 438. of the refugees who are fleeing the country in SAGE FROM THE PRESIDENT OF The question was taken. the tens of thousands to escape political and THE UNITED STATES The SPEAKER pro tempore. In the personal persecution. I have concluded, as The SPEAKER pro tempore laid be- opinion of the Chair, two-thirds of this resolution expresses, that the Congress fore the House the following message those present have voted in the affirm- must show support for the fleeing refugees of from the President of the United ative. North Korea. As Chairman HYDE stated, North States; which was read and, together Mr. WALDEN of Oregon. Mr. Speak- Korea is a place so feared by the thousands with the accompanying papers, without er, I object to the vote on the ground

VerDate 11-MAY-2000 05:10 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.091 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3419 that a quorum is not present and make Miller, Jeff Rogers (KY) Stupak ANNOUNCEMENT BY THE SPEAKER Mink Rogers (MI) Sullivan the point of order that a quorum is not Mollohan Rohrabacher Sununu PRO TEMPORE present. Moore Ros-Lehtinen Tancredo The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Evi- Moran (VA) Ross Tanner Morella Rothman Tauscher WHITFIELD). Pursuant to clause 8 of dently a quorum is not present. Murtha Roukema Tauzin rule XX, the Chair will reduce to 5 min- The Sergeant at Arms will notify ab- Myrick Roybal-Allard Taylor (MS) utes the minimum time for electronic sent Members. Nadler Royce Taylor (NC) voting on each additional motion to Neal Rush Terry The vote was taken by electronic de- Nethercutt Ryan (WI) Thomas suspend the rules on which the Chair vice, and there were—yeas 400, nays 2, Ney Ryun (KS) Thompson (CA) has postponed further proceedings. not voting 32, as follows: Northup Sabo Thompson (MS) Norwood Sanchez Thornberry f [Roll No. 220] Nussle Sanders Thune YEAS—400 Oberstar Sandlin Thurman EXPRESSING SENSE OF CONGRESS Obey Sawyer Tiahrt Abercrombie Delahunt Israel Ortiz Saxton Tiberi CONCERNING 2002 WORLD CUP Ackerman DeLauro Issa Osborne Schaffer Tierney AND CO-HOSTS REPUBLIC OF Aderholt DeLay Istook Ose Schakowsky Toomey KOREA AND JAPAN Akin Deutsch Jackson (IL) Otter Schiff Towns Allen Diaz-Balart Jackson-Lee Owens Schrock Turner The SPEAKER pro tempore. The Andrews Dicks (TX) Oxley Scott Udall (CO) pending business is the question of sus- Armey Dingell Jefferson Pallone Sensenbrenner Udall (NM) pending the rules and agreeing to the Baca Doggett Jenkins Pascrell Serrano Upton Bachus Dooley John Pastor Sessions Velazquez concurrent resolution, H. Con. Res. 394. Baird Doolittle Johnson (CT) Payne Shadegg Visclosky The Clerk read the title of the con- Baker Doyle Johnson (IL) Pelosi Shaw Vitter current resolution. Baldwin Duncan Johnson, E. B. Pence Shays Walden Ballenger Dunn Johnson, Sam Peterson (MN) Sherman Walsh The SPEAKER pro tempore. The Barcia Edwards Jones (NC) Peterson (PA) Sherwood Wamp question is on the motion offered by Barr Ehlers Jones (OH) Petri Shimkus Waters the gentleman from California (Mr. Barrett Ehrlich Kanjorski Phelps Shows Watkins (OK) ROYCE) that the House suspend the Bartlett Emerson Kaptur Pickering Shuster Watson (CA) Barton Engel Keller Pitts Simmons Watt (NC) rules and agree to the concurrent reso- Bass English Kelly Platts Simpson Waxman lution, H. Con. Res. 394, on which the Becerra Eshoo Kennedy (MN) Pombo Skeen Weiner yeas and nays are ordered. Bentsen Etheridge Kennedy (RI) Pomeroy Skelton Weldon (FL) Bereuter Evans Kerns Portman Slaughter Weldon (PA) This will be a 5-minute vote. Berkley Everett Kildee Price (NC) Smith (MI) Weller The vote was taken by electronic de- Berman Farr Kilpatrick Pryce (OH) Smith (NJ) Wexler vice, and there were—yeas 402, nays 1, Berry Fattah Kind (WI) Putnam Smith (WA) Whitfield not voting 31, as follows: Biggert Filner King (NY) Quinn Snyder Wicker Bilirakis Fletcher Kingston Rahall Solis Wilson (NM) [Roll No. 221] Bishop Foley Kirk Ramstad Souder Wilson (SC) YEAS—402 Blumenauer Forbes Kleczka Regula Spratt Wolf Blunt Ford Knollenberg Rehberg Stark Woolsey Abercrombie Capuano Flake Boehlert Fossella Kolbe Reyes Stearns Wu Ackerman Cardin Fletcher Boehner Frank Kucinich Reynolds Stenholm Wynn Aderholt Carson (IN) Foley Bonilla Frelinghuysen LaFalce Rodriguez Strickland Young (AK) Akin Carson (OK) Forbes Boozman Frost LaHood Roemer Stump Young (FL) Allen Castle Ford Borski Gallegly Lampson Andrews Chabot Fossella Boswell Ganske Langevin NAYS—2 Armey Clay Frank Boucher Gekas Lantos Baca Clement Frelinghuysen Boyd Gephardt Larsen (WA) Flake Paul Bachus Coble Frost Brady (PA) Gibbons Larson (CT) Baird Collins Gallegly Brady (TX) Gilchrest Latham NOT VOTING—32 Baker Condit Ganske Brown (FL) Gillmor LaTourette Baldacci DeMint Napolitano Baldwin Cooksey Gekas Brown (OH) Gilman Leach Blagojevich Dreier Olver Ballenger Coyne Gephardt Brown (SC) Gonzalez Lee Bonior Ferguson Radanovich Barcia Cramer Gibbons Bryant Goode Levin Bono Graves Rangel Barr Crane Gilchrest Burr Goodlatte Lewis (CA) Chambliss Gutierrez Riley Barrett Crenshaw Gillmor Burton Gordon Lewis (GA) Clayton Hall (OH) Rivers Bartlett Crowley Gilman Buyer Goss Lewis (KY) Clyburn Hoyer Smith (TX) Barton Culberson Gonzalez Callahan Graham Linder Combest Hulshof Sweeney Bass Cummings Goode Calvert Granger LoBiondo Conyers Lipinski Traficant Becerra Cunningham Goodlatte Camp Green (TX) Lofgren Costello Lynch Watts (OK) Bentsen Davis (CA) Gordon Cannon Green (WI) Lowey Cubin Moran (KS) Bereuter Davis (FL) Goss Cantor Greenwood Lucas (KY) Berkley Davis (IL) Graham Capito Grucci Lucas (OK) Berman Davis, Jo Ann Granger Capps Gutknecht Luther b 1853 Berry Davis, Tom Green (TX) Capuano Hall (TX) Maloney (CT) Biggert Deal Green (WI) Cardin Hansen Maloney (NY) Mr. TANCREDO changed his vote Bilirakis DeFazio Greenwood Carson (IN) Harman Manzullo from ‘‘nay’’ to ‘‘yea.’’ Bishop DeGette Grucci Carson (OK) Hart Markey Blumenauer Delahunt Gutknecht Castle Hastings (FL) Mascara So (two-thirds having voted in favor Blunt DeLauro Hall (TX) Chabot Hastings (WA) Matheson thereof) the rules were suspended and Boehlert DeLay Hansen Clay Hayes Matsui the resolution was agreed to. Boehner Deutsch Harman Clement Hayworth McCarthy (MO) Bonilla Diaz-Balart Hart Coble Hefley McCarthy (NY) The result of the vote was announced Boozman Dicks Hastings (FL) Collins Herger McCollum as above recorded. Borski Dingell Hastings (WA) Condit Hill McCrery A motion to reconsider was laid on Boswell Doggett Hayes Cooksey Hilleary McDermott Boucher Dooley Hayworth Cox Hilliard McGovern the table. Boyd Doolittle Hefley Coyne Hinchey McHugh Stated for: Brady (PA) Doyle Herger Cramer Hinojosa McInnis Brady (TX) Duncan Hill Crane Hobson McIntyre Mr. WATTS of Oklahoma. Mr. Speaker, I Brown (FL) Dunn Hilleary Crenshaw Hoeffel McKeon was unavoidably detained and missed Re- Brown (OH) Edwards Hilliard Crowley Hoekstra McKinney corded Votes on Tuesday, June 11, 2002. I Brown (SC) Ehlers Hinchey Culberson Holden McNulty Bryant Ehrlich Hinojosa Cummings Holt Meehan would like the RECORD to reflect that, had I Burr Emerson Hobson Cunningham Honda Meek (FL) been present, I would have cast the following Burton Engel Hoeffel Davis (CA) Hooley Meeks (NY) vote: Buyer English Hoekstra Davis (FL) Horn Menendez Callahan Eshoo Holden Davis (IL) Hostettler Mica On agreeing to H. Res. 438, rollcall vote No. Calvert Etheridge Holt Davis, Jo Ann Houghton Millender- 220, I would have voted ‘‘yea.’’ Camp Evans Honda Davis, Tom Hunter McDonald Mrs. NAPOLITANO. Mr. Speaker, on rollcall Cannon Everett Hooley Deal Hyde Miller, Dan Cantor Farr Horn DeFazio Inslee Miller, Gary No. 220, had I been present, I would have Capito Fattah Hostettler DeGette Isakson Miller, George voted ‘‘yea.’’ Capps Filner Houghton

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.095 pfrm01 PsN: H11PT1 H3420 CONGRESSIONAL RECORD — HOUSE June 11, 2002 Hoyer Mica Scott b 1903 Hostettler Meeks (NY) Schrock Hunter Millender- Sensenbrenner Houghton Menendez Scott Hyde McDonald Serrano So (two-thirds having voted in favor Hoyer Mica Sensenbrenner Inslee Miller, Dan Sessions thereof) the rules were suspended and Hunter Millender- Serrano Isakson Miller, Gary Shaw the concurrent resolution was agreed Hyde McDonald Sessions Israel Miller, George Shays Inslee Miller, Dan Shadegg Issa Miller, Jeff Sherman to. Isakson Miller, Gary Shaw Istook Mink Sherwood The result of the vote was announced Israel Miller, George Shays Jackson (IL) Mollohan Shimkus as above recorded. Issa Miller, Jeff Sherman Shows Istook Mink Sherwood Jackson-Lee Moore A motion to reconsider was laid on (TX) Moran (VA) Shuster Jackson (IL) Mollohan Shimkus Jefferson Morella Simmons the table. Jackson-Lee Moore Shows Jenkins Murtha Simpson (TX) Moran (VA) Shuster John Myrick Skeen f Jefferson Morella Simmons Johnson (CT) Nadler Skelton Jenkins Murtha Simpson Johnson (IL) Napolitano Slaughter SENSE OF CONGRESS REGARDING John Myrick Skeen Smith (MI) Johnson, E. B. Neal Johnson (CT) Nadler Skelton Smith (NJ) NORTH KOREAN REFUGEES DE- Johnson (IL) Napolitano Slaughter Johnson, Sam Nethercutt Smith (WA) TAINED IN CHINA Johnson, E. B. Neal Smith (MI) Jones (NC) Ney Snyder Johnson, Sam Nethercutt Smith (NJ) Jones (OH) Northup Solis The SPEAKER pro tempore (Mr. Jones (NC) Ney Smith (WA) Kanjorski Norwood Souder WHITFIELD). The pending business is Jones (OH) Northup Snyder Kaptur Nussle Spratt Kanjorski Norwood Solis Keller Oberstar the question of suspending the rules Stark and agreeing to the concurrent resolu- Kaptur Nussle Souder Kelly Obey Stearns Keller Oberstar Spratt Kennedy (MN) Olver Stenholm tion, H. Con. Res. 213, as amended. Kelly Obey Stark Kerns Ortiz Strickland The Clerk read the title of the con- Kennedy (MN) Olver Stearns Kildee Osborne Stump current resolution. Kennedy (RI) Osborne Stenholm Kilpatrick Ose Stupak Kerns Ose Strickland Kind (WI) Otter Sullivan The SPEAKER pro tempore. The Kildee Otter Stump King (NY) Owens Sununu question is on the motion offered by Kilpatrick Owens Stupak Kingston Oxley Tancredo the gentleman from Iowa (Mr. LEACH) Kind (WI) Oxley Sullivan Kirk Pallone Tanner that the House suspend the rules and King (NY) Pallone Sununu Kleczka Pascrell Tauscher Kingston Pascrell Tancredo Knollenberg Pastor Tauzin agree to the concurrent resolution, H. Kirk Pastor Tanner Kolbe Paul Taylor (MS) Con. Res. 213, as amended, on which the Kleczka Paul Tauscher Kucinich Payne Taylor (NC) yeas and nays are ordered. Knollenberg Payne Tauzin LaFalce Pelosi Terry Kolbe Pelosi Taylor (MS) LaHood Pence Thomas This will be a 5-minute vote. Kucinich Pence Taylor (NC) Lampson Peterson (MN) Thompson (CA) The vote was taken by electronic de- LaFalce Peterson (MN) Terry Langevin Peterson (PA) Thompson (MS) vice, and there were—yeas 406, nays 0, LaHood Peterson (PA) Thomas Lantos Petri Thornberry not voting 28, as follows: Lampson Petri Thompson (CA) Larsen (WA) Phelps Thune Langevin Phelps Thompson (MS) Larson (CT) Pickering Thurman [Roll No. 222] Lantos Pickering Thornberry Latham Pitts Tiahrt YEAS—406 Larsen (WA) Pitts Thune LaTourette Platts Tiberi Larson (CT) Platts Thurman Leach Pombo Tierney Abercrombie Capuano Fattah Latham Pombo Tiahrt Lee Pomeroy Toomey Ackerman Cardin Filner LaTourette Pomeroy Tiberi Levin Portman Towns Aderholt Carson (IN) Flake Leach Portman Tierney Lewis (CA) Price (NC) Turner Akin Carson (OK) Fletcher Lee Price (NC) Toomey Lewis (GA) Pryce (OH) Udall (CO) Allen Castle Foley Levin Pryce (OH) Towns Lewis (KY) Putnam Udall (NM) Andrews Chabot Forbes Lewis (CA) Putnam Turner Linder Quinn Upton Armey Clay Ford Lewis (GA) Quinn Udall (CO) LoBiondo Rahall Velazquez Baca Clement Fossella Lewis (KY) Rahall Udall (NM) Lofgren Ramstad Visclosky Bachus Coble Frank Linder Ramstad Upton Lowey Regula Vitter Baird Collins Frelinghuysen LoBiondo Regula Velazquez Lucas (KY) Rehberg Walden Baker Condit Frost Lofgren Rehberg Visclosky Lucas (OK) Reyes Walsh Baldwin Conyers Gallegly Lowey Reyes Vitter Luther Reynolds Wamp Ballenger Cooksey Ganske Lucas (KY) Reynolds Walden Maloney (CT) Rodriguez Waters Barcia Cox Gekas Lucas (OK) Rodriguez Walsh Maloney (NY) Roemer Watkins (OK) Barr Coyne Gephardt Luther Roemer Wamp Manzullo Rogers (KY) Watson (CA) Barrett Cramer Gibbons Maloney (CT) Rogers (KY) Waters Markey Rogers (MI) Watt (NC) Bartlett Crane Gilchrest Maloney (NY) Rogers (MI) Watkins (OK) Mascara Rohrabacher Watts (OK) Barton Crenshaw Gillmor Manzullo Rohrabacher Watson (CA) Bass Crowley Gilman Matheson Ros-Lehtinen Waxman Markey Ros-Lehtinen Watt (NC) Becerra Culberson Gonzalez Matsui Ross Weiner Mascara Ross Watts (OK) Bentsen Cummings Goode McCarthy (MO) Rothman Weldon (FL) Matheson Rothman Waxman Bereuter Cunningham Goodlatte McCarthy (NY) Roukema Weldon (PA) Matsui Roukema Weiner Berkley Davis (CA) Gordon McCollum Roybal-Allard Weller McCarthy (MO) Roybal-Allard Weldon (FL) Berman Davis (FL) Goss McCrery Royce Wexler McCarthy (NY) Royce Weldon (PA) Berry Davis (IL) Graham McDermott Rush Whitfield McCollum Rush Weller Biggert Davis, Jo Ann Granger McGovern Ryan (WI) Wicker McCrery Ryan (WI) Wexler Bilirakis Davis, Tom Green (TX) McHugh Ryun (KS) Wilson (NM) McDermott Ryun (KS) Whitfield Bishop Deal Green (WI) McInnis Sabo Wilson (SC) McGovern Sabo Wicker Blumenauer DeFazio Greenwood McIntyre Sanchez Wolf McHugh Sanchez Wilson (NM) Woolsey Blunt DeGette Grucci McInnis Sanders Wilson (SC) McKeon Sanders Boehlert Delahunt Gutknecht McKinney Sawyer Wu McIntyre Sandlin Wolf Wynn Boehner DeLauro Hall (TX) McKeon Sawyer Woolsey McNulty Saxton Bonilla DeLay Hansen Meehan Schaffer Young (AK) McKinney Saxton Wu Young (FL) Boozman Deutsch Harman McNulty Schaffer Wynn Meek (FL) Schakowsky Borski Diaz-Balart Hart Meeks (NY) Schiff Meehan Schakowsky Young (AK) Boswell Dicks Hastings (FL) Meek (FL) Schiff Young (FL) Menendez Schrock Boucher Dingell Hastings (WA) Boyd Doggett Hayes NOT VOTING—28 NAYS—1 Brady (PA) Dooley Hayworth Baldacci DeMint Ortiz Shadegg Brady (TX) Doolittle Hefley Blagojevich Dreier Radanovich Brown (FL) Doyle Herger Bonior Ferguson Rangel NOT VOTING—31 Brown (OH) Duncan Hill Bono Graves Riley Brown (SC) Dunn Hilleary Chambliss Gutierrez Rivers Baldacci Cubin Moran (KS) Bryant Edwards Hilliard Clayton Hall (OH) Smith (TX) Blagojevich DeMint Radanovich Burr Ehlers Hinchey Clyburn Hulshof Sweeney Bonior Dreier Rangel Burton Ehrlich Hinojosa Combest Lipinski Traficant Bono Ferguson Riley Buyer Emerson Hobson Costello Lynch Chambliss Graves Rivers Callahan Engel Hoeffel Cubin Moran (KS) Clayton Gutierrez Sandlin Calvert English Hoekstra Clyburn Hall (OH) Smith (TX) Camp Eshoo Holden Combest Hulshof Sweeney Cannon Etheridge Holt b 1914 Conyers Kennedy (RI) Traficant Cantor Evans Honda Costello Lipinski Capito Everett Hooley So (two-thirds having voted in favor Cox Lynch Capps Farr Horn thereof) the rules were suspended and

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.070 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3421 the concurrent resolution, as amended, minute and to revise and extend his re- for 1 minute and to revise and extend was agreed to. marks.) his remarks.) The result of the vote was announced Mr. BACA. Mr. Speaker, the adminis- Mr. BROWN of Ohio. Mr. Speaker, as above recorded. tration decided last week to privatize the U.S. air traffic control system is A motion to reconsider was laid on our air traffic controllers by executive the largest and most complex in the the table. order. So why are we spending millions world, and it is the safest. President on transportation security, federalizing f Bush issued an executive order last baggage screeners, if we are going to week stripping aircraft traffic control b 1915 commit ourselves to unsafe air travel? of its inherently governmental designa- Our Nation’s air travel problems REMOVAL OF NAME OF MEMBER tion. This is the first step in his plan to were on the ground with the security AS COSPONSOR OF H.R. 1950 privatize our air traffic control system. screeners, not in the air with the traf- Privatization has failed in other Mr. BISHOP. Mr. Speaker, I ask fic controllers. Why are we penalizing countries. Canada’s air traffic control- unanimous consent to have my name them? These men and women take lers face 6-day work weeks, mandatory removed as a cosponsor of H.R. 1950. pride every day in keeping their fellow overtime and a contract that expired in The SPEAKER pro tempore (Mr. citizens safe as they travel America’s March. Air traffic controllers on Sep- WHITFIELD). Is there objection to the skies. tember 11 landed 5,000 planes in the request of the gentleman from Geor- On September 11, the controllers span of 2 hours without an operational gia? landed 5,000 planes in less than 2 hours error. Yet President Bush wants to pri- There was no objection. without an operational error. My ques- vatize the air traffic control system. f tion is, Where is the problem? Why are we privatizing it? He wants to privatize Social Security; ENRON EMPLOYEES PROVIDED The President’s recent steps toward that will not work. He wants to pri- SEVERANCE BENEFITS privatizing air controllers is a step to- vatize Medicare; that will not work. Now he wants to privatize our air traf- (Ms. JACKSON-LEE of Texas asked wards disaster, and I state, towards dis- fic control system, and that will not and was given permission to address aster, literally. On September 11, we work. the House for 1 minute and to revise quickly realized that using private Air traffic controllers should remain and extend her remarks.) companies to handle airport security under the direct supervision of the Ms. JACKSON-LEE of Texas. Mr. was a mistake. We federalized airport FAA, which is doing a good job to Speaker, just a few months ago in security because private contractors could not do the job. Why would we maintain the necessary levels of train- Houston, Texas, Enron filed bank- lock the windows, only to open the ing, of personnel, and of common expe- ruptcy. Hours after the bankruptcy fil- doors to potential disaster? rience. ing occurred, 5,000 fellow Houstonians, Privatizing has proven to be a mis- many of whom were my constituents, take in most prominent nations. I say f were fired, terminated, with no relief this is wrong. Let us not privatize our and no benefits. REPORT ON RESOLUTION PRO- system. Let us allow the controllers to VIDING FOR CONSIDERATION OF Today, Mr. Speaker, I am very do the job, to keep our airlines safe. pleased to announce that a tentative H.J. RES. 96, PROPOSING A TAX f settlement has been agreed to, yet to LIMITATION AMENDMENT TO be approved by the court, to provide PROTECT THE CONSTITUTION THE CONSTITUTION OF THE the ex-Enron employees with their (Mr. KUCINICH asked and was given UNITED STATES needed and with their deserved and permission to address the House for 1 Mr. HASTINGS of Washington, from with their old severance pay. minute and to revise and extend his re- the Committee on Rules, submitted a Let me acknowledge the work of the marks.) privileged report (Rept. No. 107–503) on AFL–CIO and Rainbow/PUSH Coalition Mr. KUCINICH. Mr. Speaker, this the resolution (H. Res. 439) providing and Reverend Jesse Jackson, working morning I, along with 30 other Mem- for consideration of the joint resolu- in a collaborative effort to encourage bers of the House, filed a lawsuit in tion (H.J. Res. 96) proposing a tax limi- the employees not to be silent. Federal District Court to block the tation amendment to the Constitution We made history today, Mr. Speaker. President from withdrawing from the of the United States, which was re- For the first time in a bankruptcy Anti-Ballistic Missile Treaty of 1972. ferred to the House Calendar and or- court proceeding, unsecured creditors The President, by withdrawing from dered to be printed. were able to receive funding before any this particular treaty, insists that he proceedings were to go forth. These has the authority to terminate any f treaty and can do so without the con- employees, who basically have no REPORT ON RESOLUTION PRO- standing in a bankruptcy proceeding, sent of Congress. But according to article VI, clause 2 of the Constitution, VIDING FOR CONSIDERATION OF now with the creditors’ committee, H.R. 4019, PERMANENT MAR- now with the lawyers, now with Enron treaties constitute the supreme law of the land and the President does not RIAGE PENALTY RELIEF ACT OF as it presently stands, have agreed to 2002 provide this severance pay. have the authority to repeal laws. Article I, section 1 empowers the Mr. HASTINGS of Washington, from I think this is a historic day. But it Congress to create laws and charges the Committee on Rules, submitted a gives the Congress the opportunity to the President only with carrying out privileged report (Rept. No. 107–504) on change the Bankruptcy Code, and the these laws. Thus, the President’s ter- the resolution (H. Res. 440) providing bankruptcy laws as well, to ensure that mination of the ABM Treaty represents for consideration of the bill (H.R. 4019) employees who are victimized and not an unconstitutional repeal of a law to provide that the marriage penalty at fault will have the opportunity to duly enacted by Congress. relief provisions of the Economic receive their benefits. The world’s geopolitical trash bin is Growth and Tax Relief Reconciliation I look forward to this Congress act- already littered with treaties and Act of 2001 shall be permanent, which ing immediately. I would like to thank agreements unilaterally discarded by was referred to the House Calendar and the minority leader, the gentleman the United States under this adminis- ordered to be printed. from Missouri (Mr. GEPHARDT), and, of tration. It is critical that we reassert course, the leader of the other body for congressional authority and end this f their help. pattern. SPECIAL ORDERS f f The SPEAKER pro tempore. Under PRIVATIZATION OF AIR TRAFFIC AIR TRAFFIC CONTROL the Speaker’s announced policy of Jan- CONTROLLERS PRIVATIZATION uary 3, 2001, and under a previous order (Mr. BACA asked and was given per- (Mr. BROWN of Ohio asked and was of the House, the following Members mission to address the House for 1 given permission to address the House will be recognized for 5 minutes each.

VerDate 11-MAY-2000 05:10 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.100 pfrm01 PsN: H11PT1 H3422 CONGRESSIONAL RECORD — HOUSE June 11, 2002 IMPORTANCE OF PASSENGER RAIL costs of the $25 billion plan to pay for Canada includes VIA Rail Canada only, for AND FUTURE OF AMTRAK new roads and the construction of the 2000. Eisenhower National Interstate and Information from 1998 for Sweden and Tai- The SPEAKER pro tempore. Under a wan. previous order of the House, the gentle- Defense Highway System. Similar poli- Information from 1997 for Luxembourg, woman from Indiana (Ms. CARSON) is cies and Federal attention for aviation Cameroon, Mali, Senegal, and Malaysia. recognized for 5 minutes. resulted in the strengthening of the International Union of Railways (UIC), Ms. CARSON of Indiana. Mr. Speak- aviation industry. Paris, for spending figures except: United er, I rise today to talk about the im- Amtrak was created as a Federal cor- States, from appropriations information; poration in order to relieve the rail- Canada, from Transport Canada; Britain, portant issue of passenger rail in from Department of Transport, Local Gov- America and the future of Amtrak. road industry of unprofitable passenger ernment, and Regions; and China (includes The passenger rail system suffers operations and in the interests of infrastructure spending only), from Inter- from gross neglect of our investment. maintaining a national passenger rail national Railway Journal. We have actively engaged in financing service. Per capita spending in Amer- Time Almanac (2000) for population fig- and developing and preserving the in- ica on passenger rail is dismal com- ures. pared to the other 23 industrialized na- Yahoo.com for exchange rates (March 19, frastructure of all other modes of 2002; historical information from same transportation, whether it be bailing tions with rail service. source used where available). I would like to present, Mr. Speaker, out the airlines, federally funding and While we subsidize the building of that part as a part of the RECORD for fixing the State highway system, or roads and highways, Mr. Speaker, with the edification of all those concerns. subsidizing airport construction. How- tax dollars, we must ensure the sur- The material referred to follows: ever, we continue to be faced with the vival of Amtrak. It is a wise use of tax- possibility that Amtrak may suddenly NARP—WORLD MAINLINE RAIL SPENDING PER payer money. It is for the benefit of the have to cease operations. Recently, CAPITA American public. It is for the benefit of Amtrak president David Young said The United States ranks low among indus- the transmission of cargo in this coun- that if Amtrak did not receive a $200 trial nations in terms of its spending on rail try. I would urge Members to sign onto spending—both in whole terms and per cap- million loan in the next 3 weeks, it legislation that I have authored which would have to begin shutting down op- ita. Population density is not entirely a deter- would authorize $1.5 billion annually erations. mining factor—on the chart below, Norway, for corridor developments. They are Mr. Speaker, it is imperative that we Finland, Sweden and Canada all spend more needed for the infrastructure, highway- build a world-class passenger railroad than the U.S. per capita, yet have lower pop- rail grade crossing improvement, ac- system in the United States. We can- ulation densities. Estonia is slightly more quisition of rolling stock and track and not wait for highways and airports to densely populated than the U.S., yet invests signal equipment. become so overwhelmed that they can over twice as much in rail per capita. Some Mr. Speaker, the rest of my remarks no longer operate, and we cannot con- states in the U.S. have population densities for the benefit of time and the limita- closer to that of some of the other countries. tinue to hold the millions of Americans tion that has been afforded in this 5 who rely on rail service in limbo while Even as a society, you get what you pay for. Is it any wonder that the passenger rail minutes will go into a part of the CON- we refuse to provide Amtrak with ade- system in the U.S. is so skeletal compared to GRESSIONAL RECORD for further expla- quate funding. We must engage in long- other countries? nation, but I would encourage the term planning. Members of this body who believe that The terrorist attacks of September 11 Selected countries, U.S. dollars, 1999—capital and operating support from governments to America should engage in economic and the aftermath that followed ex- major national railways stimulus for the benefit of jobs, for the posed the vulnerability of our society, Belgium ...... 834.39 benefit of the American people, to sign our economy when transportation Austria ...... 117.30 onto my bill that would ensure the choices are limited and our mobility is Switzerland ...... 162.65 continued survival and viability of Am- diminished. Luxembourg ...... 160.69 trak, a very vital, needed service for After the FAA grounded all flights France ...... 67.66 the American people. following the terrorist attacks, trav- Slovenia ...... 46.98 Mr. Speaker, I rise today to talk about the elers turned to Amtrak. Whether peo- Italy ...... 46.09 important issue of passenger rail in America, ple had to travel for business, to help Netherlands ...... 44.36 Ireland ...... 43.75 and the future of Amtrak. with rescue efforts, or just to get Sweden ...... 39.09 The passenger rail system suffers from home, Amtrak kept our American citi- Croatia ...... 37.40 gross neglect of our investment. We have ac- zens moving during the time of na- Britain ...... 36.98 tively engaged in financing, developing, and tional emergency. Amtrak’s ridership Slovakia ...... 26.27 preserving the infrastructure of all other modes and revenues skyrocketed, led by the Norway ...... 24.92 of transportation. Whether bailing out the air- northeast corridor, which had a 13.5 Spain ...... 22.76 line industry, federally funding and fixing the percent revenue growth and a 4.6 per- Hungary ...... 21.06 Czech Republic ...... 20.08 interstate highway system, or subsidizing air- cent ridership growth in 2001. Germany ...... 18.60 port construction. Finally, it will require an an- The system as a whole, including the Romania ...... 15.75 nual independent audit of Amtrak, to be re- corridor, revenue rose 8.2 percent, rid- Yugoslavia ...... 13.83 viewed by the Department of Transportation’s ership 4.3 percent. The situation not Estonia ...... 7.67 Inspector General. only proved that Amtrak works but Finland ...... 5.95 By developing passenger rail as part of a that passenger rail is critical to our China ...... 5.21 balanced transportation system, this legislation transportation infrastructure during Canada ...... 5.09 United States ...... 3.28 will lead to the creation of jobs in the short run national emergencies or a security cri- Poland ...... 3.13 to stimulate our economy. In the long run, sis. South Korea ...... 3.11 high-speed rail corridors will become a key Amtrak provided a critical transpor- Turkey ...... 1.55 foundation for our national rail passenger tation link, carrying 35,000 passengers Portugal ...... 1.48 transportation system, which is critical to the along the northeast corridor every day Saudi Arabia ...... 0.82 strong backbone of a prosperous economy. and hundreds of extra carloads of mail Cameroon ...... 0.23 I understand that this legislation is an ambi- for the U.S. Postal Office in the days Algeria ...... 0.20 tious blueprint, but I believe that with the ap- following 9–11. Senegal ...... 0.17 Chile ...... 0.17 propriate funding, America’s passenger rail Mr. Speaker, it was not until 1956 Malaysia ...... 0.16 can take its appropriate place as the best rail that the government began heavily Taiwan ...... 0.15 system in the world. promoting highway transportation Mali ...... 0.02 We continue to be faced with the possibility with the passage of the Federal Aid NOTES that Amtrak may suddenly have to cease op- Highway Act of 1956. The act estab- U.S. spending includes 2000 federal appro- erations. Recently, Amtrak CEO David Gunn lished a highway trust fund based upon priations for the Federal Railroad Adminis- said that if Amtrak did not receive a $200 mil- Federal user taxes in order to finance tration (including for Amtrak and high-speed lion loan in the next 3 weeks, it would have to up to 90 percent of State construction programs) and state payments to Amtrak. begin shutting down operations.

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00124 Fmt 4634 Sfmt 9920 E:\CR\FM\K11JN7.103 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3423 Mr. Speaker, it is imperative that we build a Passenger rail service was once a vital in- ters, as well as provide funding to preserve world class passenger railroad system in the strument in the transportation needs of our longer distance routes for those communities United States. We cannot wait for highways Nation. For instance, during World War II, not that do not have the population densities to and airports to become so overwhelmed that only did the railroads transport 90 percent of merit air service—sometimes the train is their they can no longer operate, and we cannot all defense freight, but also 97 percent of all only alternative to driving. Finally, it will pro- continue to hold the millions of Americans who defense personnel on their way to theaters of vide Amtrak with the tools and funding it rely on rail service in limbo while we refuse to action. By the end of the war, railroads ac- needs to operate efficiently. provide Amtrak with adequate funding. We counted for three-quarters of the common car- This legislation authorizes $1.255 billion in must engage in long-term planning to address rier share of intercity traffic, with airplanes and emergency spending for Amtrak’s security and future passenger transportation growth and buses sharing the remaining quarter of traffic. life safety needs. This bill will give the Federal show forethought in crafting transportation so- However, with national focus turned to aviation Government the script for the role it needs to lutions—not wait for the impending crisis. and highways, by the late 1960s most rail play in establishing a national rail passenger The terrorist attacks of September 11, 2001, companies were petitioning the Government to system. It would not require any State con- and the aftermath which followed, exposed the discontinue passenger services because of tribution, and would give preference to vulnerability of our society and our economy losses. projects having right-of-way dedicated to pas- when transportation choices are limited and Amtrak was created as a Federal corpora- senger rail, involving high-speed passenger our mobility is diminished. After the Federal tion in order to relieve the railroad industry of service of 125 mph, although operations of 90 Aviation Administration grounded all flights fol- these unprofitable passenger operations, and mph speeds or more would be eligible for lowing the terrorist attacks on September 11, in the interest of maintaining a national pas- funding, and those connecting to other modes 2001, travelers turned to Amtrak. senger rail network. But in retrospect, Amtrak of passenger transportation, including airports. Whether people had to travel for business, was set up not to thrive and expand pas- The bill authorizes $1.5 billion annually for to help with rescue efforts, or just to get home, senger rail service, but really to just maintain corridor development. These funds are need- Amtrak kept our American citizens moving the status quo of 30 years ago. That attitude ed for infrastructure acquisition, highway-rail during a time of national emergency. Amtrak persists even today. Since 1971, Amtrak has grade crossing improvement, acquisition of ridership and revenues skyrocketed, led by the received only $25 billion in public subsidies. rolling stock and track and signal equipment. Northeast Corridor, which had a 13.5 percent During the same period, the United States in- This bill will also fund $35 billion in loan guar- revenue growth and a 4.6 percent ridership vested $750 billion on highways and aviation. antees. This money will dramatically expand growth in 2001. The system as a whole, in- Per capita spending on a passenger rail is the current Railroad Rehabilitation & Infra- cluding the corridor, revenue rose 8.2 percent much lower than many other countries with structure Financing loan and loan guarantee and ridership 4.3 percent. the U.S. ranking behind the top 23 industri- program. This bill eliminates the artificial limits The situation not only proved that Amtrak alized nations with rail service, and with your on loan amounts, impossible collateral require- works, but that passenger rail is a critical part permission Mr. Speaker, I would like to submit ments, and unworkable loan cohort structures. of our transportation infrastructure during a na- for the record these funding levels, so that This bill identifies existing high-speed corridors tional emergency or security crisis. Amtrak Members can be aware how drastically wrong in 29 States and the District of Columbia for provided a critical transportation link, carrying our current policies are. No passenger rail priority consideration. Many of these corridors 35,000 passengers along the Northeast cor- service in the world has built and operated a are in areas where people are now driving ridor every day, and hundreds of extra car- passenger rail system at a profit. All have re- cars or taking airplanes on trips of 300 miles quired Government support for construction loads of mail for the U.S. Postal Office in the or less. days following the terrorist attacks. and maintenance, or operating support, or In these areas travelers could take a high- Transportation security, an essential part of both. That same principle holds true for high- speed train instead and arrive at about the our national security, requires a balanced and ways and aviation, which have required sub- same time. But right now they don’t have that competitive system of transportation alter- stantial Federal spending since their beginning rail option, and they won’t until we build it. The natives. In September, we found that our de- and continue to receive generous Federal sub- Northeast Corridor has become an invaluable pendence on the aviation system was basi- sidies today. asset to our national transportation system, Those who want passenger rail to operate cally stagnant. We cannot afford to rely on any and it should not be left in disrepair. This bill with Federal assistance argue that we should single mode of transportation; we need to en- authorizes funds to enable Amtrak to eliminate not ‘‘subsidize’’ passenger rails. Yet we sub- sure that we have a balanced system that in- sidize the building of roads and highways with its capital backlog of projects, maintain ongo- cludes a sound passenger rail system. Pas- tax dollars. We subsidize the building of air- ing projects to capital infrastructure, and im- senger railroads use less fuel per passenger ports and pay for all of the equipment and prove capacity to accommodate projected mile than highway vehicles and commercial people needed to run our air traffic control growth in traffic. It also allows Amtrak to rein- airlines. system. vest revenues from operations in the North- During these times of oil-consciousness, a We consider those subsidies to be worth- east corridor back into the backlog of capital larger presence of passenger rail in our trans- while investments in our economy and our infrastructure projects, and will require Amtrak portation system would reduce our Nation’s quality of life. We must make the same invest- to reinvest revenues from non-passenger op- dependence on foreign oil. Passenger rail- ment to create a world-class passenger rail eration into growth projects outside the North- roads, the interstate highway system, and our system in order to see the same kinds of ben- east Corridor. national aviation network have all taken dif- efits. From this, is evident that we need to re- This bill ensures fair labor standards for all ferent paths in their current roles in our na- evaluate our Nation’s rail passenger policy, projects receiving funs under it, including pay- tional transportation system. The interstate and clearly define a role for Amtrak. ment of prevailing wages and allowance of highway system has received significant atten- A strong Federal role was required to estab- collective bargaining over wage rates. Another tion and federal funding since the construction lish the interstate highway system and the immediate benefit will be the closing or im- of the Lincoln Highway in 1913 and the Rural Federal aviation network, and now Federal in- provement of highway-rail grade crossings in Post Roads Act of 1916, and later during vestment in passenger rail infrastructure is high-speed rail corridors. Under this bill, funds World War II with the Federal Highway Act of critical. Once again, Federal leadership is re- are set aside specifically for these important 1944. It was not until 1956, however, that the quired to address the needs of a reliable, safe, safety improvements. This legislation will pro- Government began heavily promoting highway secure passenger rail network. vide the necessary funds of $1.31 billion for transportation with the passage of the Federal In the coming weeks, I shall introduce the Amtrak to repair and upgrade the track it owns Aid Highway Act of 1956. National Defense Rail Act, which will mirror S. and operates in the Northeast Corridor. The act established a Highway Trust Fund 1991, introduced by Senator ERNEST HOL- This corridor is a prime example of the ben- based upon Federal user taxes, in order to fi- LINGS. This legislation provides a blueprint for efits we can attain when there are transpor- nance up to 90 percent of State construction the future of passenger rail in the United tation choices for travelers. The passenger costs of the $25 billion plan to pay for new States. The bill will help develop high-speed railroad system that has worked well in the roads, and the construction of the Eisenhower rail corridors, which are the building blocks for Northeast can work in other highly-congested National Interstate and Defense Highway Sys- a national passenger rail system. This will areas of the country: the South, the Midwest, tem. Similar policies and Federal attention for allow regional transportation solutions to play California and the Northwest. aviation resulted in a strengthened infrastruc- a part in the national system. Thirty years ago, those areas did not have ture, and follows much the same story of the It will also aid in the development of short the population to support high-speed intercity highways system. distance corridors between larger urban cen- rail. But today those areas are growing by

VerDate 11-MAY-2000 05:36 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00125 Fmt 4634 Sfmt 9920 E:\CR\FM\A11JN7.080 pfrm01 PsN: H11PT1 H3424 CONGRESSIONAL RECORD — HOUSE June 11, 2002 leaps and bounds. As the highways in those feel the same and, more importantly, In that report, Treasury Secretary Paul areas clog up and the planes run 3 hours late, as taxpayers, I am frankly offended by O’Neill revealed that when the government many are asking us for help to build high these facts. With the war on terrorism uses the same accounting method that cor- speed rail. A short-term benefit of this legisla- costing about $1.8 billion per month, porations are required to use, the federal deficit in 2001 was $515 billion. Last fall the gov- tion will be stimulation of the economy by pro- this is not the time to be misplacing ernment said the budget had a surplus of $127 viding jobs in developing new corridors. Mil- taxpayers’ dollars. As I stated earlier, billion. lions of Americans have asked Congress to and I want to state again, the London Ah, yes, the good old days! save Amtrak, and to ensure the future of pas- Times said $17.3 billion is enough to The huge deficit is mainly, the government senger rail in the United States. I ask my col- buy a fleet of B–2 bombers with spare says, the result of health benefits to military leagues to add a powerful voice to these mil- change for fuel. Mr. Speaker, $17.3 bil- retirees. That’s a cost the government con- lions, and join with me by cosponsoring this lion is the equivalent of two aircraft veniently forgot to include in its old ac- important legislation. carriers and two air wings. If a com- counting method, which had more to do with winning votes than providing a true finan- f pany in the private sector managed its books in a similar fashion, someone cial picture of the country. b 1930 would definitely be going to jail. Anf that $515 billion doesn’t include all FEDERAL GOVERNMENT CANNOT costs, especially Social Security. But we’ll Last week, as I said earlier, I re- leave that alone because I don’t want to de- ACCOUNT FOR BILLIONS OF TAX- quested Secretary of the Treasury Paul press anyone—especially myself. PAYER DOLLARS O’Neill to account for these I also said in that earlier column that the The SPEAKER pro tempore (Mr. unreconciled transactions. Mr. Speak- information on the deficit wasn’t easy to JEFF MILLER of Florida). Under a pre- er, the American taxpayers look to us find. O’Neill’s letter was buried on the Treas- vious order of the House, the gen- to be the leaders who protect and spend ury Department’s Web site and the press re- tleman from North Carolina (Mr. their money wisely, and I think we lease put out by the agency didn’t mention the $515 billion until paragraph 5. JONES) is recognized for 5 minutes. have a responsibility and an obligation Mr. JONES of North Carolina. Mr. to the taxpayers of this country to ex- (Treasury says all the press in Washington Speaker, during the Memorial Day plain to them how we lost $17.3 billion. got a copy of the report and that it was adequately disclosed. It also said an undersecre- break, I happened to be listening to a It is unacceptable, and I am sure my tary of Treasury had reported the numbers talk show out of Raleigh, North Caro- colleagues on both sides of the political to a congressional subcommittee.) lina called WPTF and the host is Jerry aisle will feel the way I do. We would Well, I sent my scavengers back into that Agar. When Mr. Agar said that the New expect an explanation to the fact that Financial Report of the U.S. for another look York Post had reported that the na- we have misplaced and lost $17.3 billion and that’s when we discovered the unac- tional government, the Federal Gov- of the taxpayers’ money. counted for $17.4 billion. ernment had lost $17.3 billion, it kind So, Mr. Speaker, I am going to close Follow me on this and I’ll lead you to the of got my attention. So by phone, be- with that. But again, I do want to sub- still missing treasure. cause I was in my car, I called my staff mit the two articles from the London Go to www.USTreas.gov, click on Treasury and I said, please get me a copy of the Times, the New York Post, and my let- Bureau on the left, then click on ‘‘financial New York Post. I cannot believe what ter to Secretary O’Neill, and I do ex- management services.’’ Jerry Agar was saying, even though I pect Secretary O’Neill to respond with If you’ve made it this far click on ‘‘Finan- some type of explanation. If I do not cial Report of the U.S. Government’’ for 2001 have been on his show and I think he is and download it. get a letter in the proper length of a very, very credible talk show host. Now find page 49. Look at the line that Sure enough, we got a copy of the time, I intend to notify the committee says ‘‘Unreconciled transactions affecting New York Post and the article says, of jurisdiction and ask that they hold a the change in net position.’’ The figure in ‘‘Washington complains about decep- hearing on how we as a national gov- the 2001 column next to that is $17.3 billion. tive corporate accounting, but the government have lost $17.3 billion of the What that means is that when the account- ernment last year misplaced an incred- taxpayers’ money. The American peo- ants tried to balanced the government’s ible $17.3 billion because of shoddy ple work hard for their money and they books they came up $17.4 billion short. Note bookkeeping, or worse.’’ have a right for an accountability by 16 on Page 110 sort of explains. Then, to add to that embarrassment this government. That footnote says that the accountants had to pencil in $17.4 billion that didn’t exist that we cannot keep our books straight [From the New York Post, May 28, 2002] here in Washington, D.C., the London (or was missing) in order to achieve a bal- BILLIONS LOST BY FEDS anced government ledger. Times, May 29, has an article that (By John Crudele) The footnote adds that the mistake could says, ‘‘As accounting errors go, it is a MAY 28, 2002.—Washington complains about simply be bad government record keeping or whopper. The U.S. Treasury has admit- deceptive corporate accounting. But the gov- ‘‘improper recording of intragovernmental ted that it has ‘lost’ $17.3 billion,’’ and ernment last year misplaced an incredible transactions by agencies.’’ they equate that in pounds to $11.7 bil- $17.3 billion because of shoddy bookkeeping, Poor record keeping! Isn’t that a gem. lion, ‘‘because of shoddy bookkeeping, or worse. I spoke with some of the folks at the Gen- enough to buy a fleet of 8 B–2 stealth Let me put that into numbers so you can eral Accounting Office who audited the gov- bombers and still have change for jet fully appreciate the amount. It’s ernment’s report. They were puzzled by the $17,300,000,000—the price of a few dozen urban discrepancy and wouldn’t sign off on the gov- fuel.’’ renewal projects, a nice size fleet of warships Mr. Speaker, I would like to submit ernment’s accounting because of that and or about have the tax cut that everyone other things. these two articles and also a letter made such a fuss about last summer. Dis- ‘‘The left and the right side didn’t equate,’’ that I have sent to Secretary Paul appeared. Gone. Nowhere to be found. In said one GAO auditor. When such a thing O’Neill. fact, the government’s accounting was so happens in the private sector, People go to atrocious that the General Accounting Of- Let me go a little bit further. In jail. And a company’s stock would fall by fice—another Washington agency—refused to March, 2002, the Department of the about 99 percent if its auditor didn’t trust give an opinion about the honesty of the gov- Treasury released the 2001 financial re- the books—just ask the felons-to-be down at ernment’s books. port of the United States Government. Enron. Did someone steal all that money? The This report included some shocking government doesn’t know. Was it simply It is good that Washington must now adopt revelations about Federal Government misplaced? Dunno. Misspent? Your guess is a corporate-like method of accounting for expenditures. Specifically, on page 110 as good as anyone’s. where it spends taxpayers’ money. of this report, it is revealed that the There’s a certain bit of irony, of course, But it would be even better if there were Federal Government has unreconciled that Congress is raking companies like some recourse to the sort of sloppiness, arro- transactions totaling $17.3 billion from Enron, Arthur Andersen and others over the gance or criminality that allows the government to come up $17.4 billion short of bal- the year 2001. Put simply, the Federal hot coals for falsified books when D.C.’s own records are pathetically inadequate. ancing its books. Government cannot account for bil- As I mentioned in this column a couple of At the very least, maybe some corporate lions of taxpayers’ dollars that Ameri- weeks ago, the government made an incred- exec—as he’s being hauled off to jail for ac- cans paid in one fiscal year. ible admission a little while back in some- counting fraud—will hold aloft page 49 of the Mr. Speaker, as a Member of Con- thing called the 2001 Financial Report of the government’s financial statement and foot gress, and my colleagues, I am sure, United States Government. note 16 and demand equal treatment.

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.082 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3425 [From the London Times, May 29, 2002] ‘‘. . . the identification and accurate report- of oil into the sea. The oil spill killed US GOVERNMENT LOSES $17BN IN ACCOUNTING ing of these unreconciled transactions a pri- thousands of seabirds, seals, dolphin, ERROR ority . . .’’, the fact remains the public nor fish and other sea life. It damaged for (By Chris Ayres in New York) the Congress has the requisite information years a huge swath of the beautiful on how this loss occurred. As accounting errors go, it is a whopper. What agencies were responsible for these coast of Central California. The devas- The US Treasury has admitted that it has ‘‘unreconciled transactions’’? Will these tation was so great it galvanized Cen- ‘‘lost’’ $17.3 billion (Pounds 11.7 billion) be- transactions eventually be reconciled? If so, tral Coast residents; indeed, it galva- cause of shoddy book-keeping—enough to what is the timeline for the reconciliation? nized virtually the whole State against buy a fleet of eight B–2 stealth bombers and What agency or agencies will be responsible offshore drilling. still have change for jet fuel. for the reconciliation? Will this reconcili- The admission, contained in the 2001 Fi- Clearly we were outraged by the ation be available to the public when com- damage to the environment and the nancial Report of the United States Govern- plete? ment, is likely to infuriate firms that have The Clinton Administration provided for wildlife. But we also realized that an- been targeted by the Bush Administration an enormous erosion of Americans’ con- other blow-out could wreak havoc on for sloppy accounting. fidence in their government. My hope is that our economy as well, especially tour- The misplaced cash is nearly 30 times these ‘‘unreconciled transactions’’ are noth- ism, fishing, and the many industries greater than the $600 million error in ing more than a bygone relic of the previous that rely on them. And Californians Enron’s reported profits that led to the Administration. However, members of Con- have become committed to ensuring it Texas energy company’s spectacular bank- gress and employees of the Executive Branch will not happen again. ruptcy last December. must be accountable to the American tax- It is thought that the accounting error led As the Newspress noted, this ‘‘catas- payer and my constituents are demanding trophe helped spark an environmental to a dispute between the US Treasury and answers to these important questions. the General Accounting Office, which was re- Mr. Secretary, I believe someone must an- movement that spread beyond Santa luctant to sign off on the report. swer to the American people for this loss of Barbara.’’ Paul O’Neill, the US Treasury Secretary, tax dollars. I look forward to your answers Since that time, some 24 city and writes in the introduction to the Financial regarding these ‘‘unreconciled transactions’’. county governments, including both Report: ‘‘I believe that the American people Thank you for your prompt attention to this Santa Barbara and San Luis Obispo deserve the highest standards of account- matter. Should you have any questions or Counties, have passed anti-oil meas- ability and professionalism from their Gov- concerns, please do not hesitate to contact ernment and I will not rest until we achieve ures. These laws usually either require me. voter approval before any new onshore them.’’ However, on page 110 of the Financial Sincerely, facilities that support offshore drilling Report is a note that explains that the WALTER B. JONES, Treasury’s books did not balance because of Member of Congress. could be built or they ban them out- a missing $17.3 billion. right. f The note says that ‘‘three primary factors’’ In 1994, the California legislature were responsible: the failure of government CALIFORNIANS, LIKE FLORIDIANS, passed, and Republican Governor Pete agencies to keep accurate books; errors in WANT TO PROTECT THE ENVI- Wilson signed into law, a permanent reporting various contracts between govern- RONMENT FROM OFFSHORE ment agencies; and problems with the timing ban on new offshore oil leasing in State of certain costs and revenues. DRILLING waters. In 1999, the State Assembly It is not the first time that the US Treas- The SPEAKER pro tempore. Under a adopted a resolution requesting that ury has been embarrassed by the kind of ac- previous order of the House, the gentle- the Federal Government enact a per- counting problems that have spooked stock woman from California (Mrs. CAPPS) is manent ban on offshore oil drilling off market investors. Because of new corporate- recognized for 5 minutes. the coast of California. I had intro- style accounting rules for the Government, Mrs. CAPPS. Mr. Speaker, a couple duced legislation to enact such a ban in the US Treasury’s $127 billion federal sur- 1998, and I have been joined by a major- plus, reported last autumn, turned into a of weeks ago, President Bush proposed deficit of $515 billion, mainly as a result of to buy back undeveloped oil drilling ity of my California colleagues in sup- the Government incorporating the cost of leases off the coast of Florida and in porting this legislation. health benefits for those retiring from the parts of the Everglades. The President Most recently, Governor Davis and US military. cited considerable local opposition to the California Coastal Commission America’s finances have also been strained new drilling in Florida as a prime rea- have been in litigation with the Fed- by last year’s tax cut, the recession and in- son for this decision. I fully support eral Government about new offshore oil creased spending after the September 11 at- this bold step to protect the environ- drilling. The State is trying to ensure tacks. ment and the economy of Florida. And that Californians have a say in any new development of these 36 leases off CONGRESS OF THE UNITED STATES, while the vast majority of Californians HOUSE OF REPRESENTATIVES, were very pleased with this action, we the coast, a position with which a Fed- Washington, DC, June 6, 2002. were left asking, what about Cali- eral court has agreed. Thirty-one Mem- Hon. PAUL H. O’NEILL, fornia? Why can the Federal Govern- bers of the California delegation signed Secretary of the Treasury, ment not take similar action on the 36 my amicus brief on behalf of the Washington, DC. undeveloped leases off Ventura, Santa State’s position, and even the Federal DEAR MR. SECRETARY: I write to you to Barbara, and San Luis Obispo Counties Government has demonstrated its sen- bring to your attention a serious situation sitivity to California’s opposition to regarding 2001 Financial Report of the that we have been trying to terminate United States Government. for years? new drilling. After all, it was President In March 2002, the Department of the Last week, Interior Secretary Gale George H.W. Bush who signed an execu- Treasury released this report to the public Norton supplied the answer. According tive memorandum placing a 10-year and included are some shocking revelations to the Secretary, a major difference be- moratorium on new leasing in Federal about Federal government expenditures. As tween Florida and California is that waters off the California coast. Presi- a member of Congress and, more impor- Florida opposes coastal drilling and dent Clinton renewed and extended the tantly, as a taxpayer, I am frankly offended California does not. As the U.S. rep- moratorium until the year 2012. And by these facts. Specifically, on page 110 of Secretary Norton even restated this the report, it is revealed the Federal govern- resentative for Santa Barbara and San ment has ‘‘unreconciled transactions’’ total- Luis Obispo Counties, and a nearly 40- administration’s commitment to abid- ling $17.3 billion from FY2001. Put simply, year resident of the area, I was dumb- ing by this moratorium, an odd stance the Federal government has ‘‘unreconciled founded by this assertion. to take if she believes there is no real transactions’’ totalling $17.3 billion from My local paper, the Santa Barbara opposition to new offshore drilling in FY2001. Put simply, the Federal government Newspress, editorialized today about California. cannot account for billions of taxpayer dol- what it calls Secretary Norton’s ‘‘jaw- Mr. Speaker, I have been leading a bi- lars that Americans paid in one fiscal year. dropping’’ remarks asking, ‘‘What al- partisan delegation of California rep- The report provides minimal data and in- resentatives in asking the President to formation regarding these ‘‘unreconciled ternative universe is Ms. Norton living transactions’’. Not only is the Federal gov- in?″ work with us to terminate the leases ernment missing $17.3 billion, but there is no Mr. Speaker, I lived in Santa Barbara off our coast. We wrote to him last reason given for this loss. While I appreciate in 1969 when a huge blow-out on Union week about this issue. Given the the Department of the Treasury’s statement Oil’S Platform A put 4 million gallons misimpression under which Secretary

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.084 pfrm01 PsN: H11PT1 H3426 CONGRESSIONAL RECORD — HOUSE June 11, 2002 Norton is clearly operating, a number Uly Sharp was responsible at that Mr. PALLONE. Mr. Speaker, I rise of us are asking to meet personally point to the Secretary of Defense and this evening to draw attention to the with the President to explain the situa- the Joint Chiefs of Staff for the overall struggle of journalists and their work tion in California. If he is following the supervision of the United States com- toward freedom of information and counsel of Secretary Norton, he is get- bat operations in Vietnam and freedom of the press in Cuba. Cuba was ting bad advice that needs to be coun- throughout the Pacific during the 4 recently ranked by the Committee to tered. years that followed. After that, Mr. Protect Journalists as one of the 10 The President was right to take his Speaker, he came home and retired in worst places for journalists to work. action in Florida. It is our hope to con- San Diego and was a great member of For the past 7 years, the committee vince him to help all of us out on the our community. has also listed Fidel Castro as one of West Coast who want to protect our en- He wrote a book called ‘‘Strategy for the top 10 enemies of the press. vironment as well, and to control our Defeat’’, which I would commend to Cuba is the only Latin American na- economic destiny, just like they want those who follow military affairs and tion where the press is completely to do in Florida. who need to be reminded that the way gagged. The Cuban constitution includes a ban on all non-governmental f we achieve peace in this world and the way we have achieved peace in this media outlets, giving Castro complete FAREWELL TO ULYSSES S. GRANT world is through military strength. Uly control over all media outlets. After 43 SHARP, A GREAT AMERICAN Sharp was really a model citizen, a years of power, Castro shows no sign of The SPEAKER pro tempore. Under a model soldier citizen in the sense that lessening his stranglehold on the press. previous order of the House, the gen- he thought that when a military per- Mr. Speaker, last week the New York tleman from California (Mr. HUNTER) is son retires, their next duty is to be- Times published an article on the work recognized for 5 minutes. come involved in civic and political af- and struggles of Omar Rodriguez Mr. HUNTER. Mr. Speaker, for the fairs, and Uly did that. He was one of Saludes, one of only 100 independent first time in 20 years, I find myself my first advisors. journalists working in Cuba. Inde- going back to San Diego with my Twenty years ago, when I was run- pendent journalists like Omar who friend and seatmate, the gentleman ning for office and had no chance to would choose to work outside the gov- from California (Mr. CUNNINGHAM), who win, and when my friend, the gen- ernment-controlled media outlets are is very much interested in national se- tleman from California (Mr. denounced by Castro as curity, as I am, and missing one of our CUNNINGHAM) came along in 1990 and counterrevolutionaries and are barred most trusted advisors at the table. similarly had a very difficult race, Uly from covering official events. Inde- That has occurred because we have lost Sharp showed up and worked hard and pendent reporters face repeated inter- Ulysses S. Grant Sharp, one of our tried to drag us across the finish line, rogation and detainment by Cuban au- great admirals and one of our great and did so successfully. He was a won- thorities, monitoring and interruption military leaders. derful guy who always had time for the of their telephone calls, restrictions on Mr. Speaker, his story is largely the community, was a leader of our mili- their travel; and they are often placed military’s story of this last century. tary community in San Diego, as a 4- under house arrest to prevent coverage He graduated from the United States star admiral, a guy who brought every- of certain events. A new tactic of intimidation involves Naval Academy in 1927. He served be- body together and imparted advice to arresting journalists and releasing fore World War II on the battleship all of those who were willing to listen them hundreds of miles from their USS New Mexico, the transport the USS about military affairs. One of my best memories of Uly is homes. Sumner, the destroyers the USS Bu- To report the news, Omar travels going over on a Sunday afternoon with chanan and the USS Winslow, the car- around Havana on a battered child-size my dad to his house at Point Loma and rier the USS Saratoga and the cruiser bicycle, knowing that he can make his listening to him as he laid out the wis- the USS Richmond. After that, and dur- deadline as long as he does not have a dom of almost a full century of service ing World War II, he was awarded two flat tire, or if a corner policeman does in the United States military. Silver Stars while commanding the not confiscate his notes, tape recorder, USS Boyd for action at Wake Island in Uly Sharp was a model, I think, for all Americans, not just people that and camera. Omar writes his articles in the Marianas, the Philippine Islands, longhand, or basically on a 20-year-old wear the uniform, but especially for Okinawa, Formosa and the Gilbert Is- typewriter that he and a group of re- people that wear the uniform, because lands. Admiral Sharp finished the war porters share. He gathers every 2 weeks he believed that every citizen had a on the staff of Commander, Destroyer or so with other journalists in a double obligation, and that was an ob- Force Pacific. cramped apartment in Havana’s China- ligation to serve the country in uni- He was a great warrior, Mr. Speaker. town, which is the makeshift head- form, and he carried that out very After he left his battlefield command quarters of one news agency. He and proudly and very well, but also the ob- after World War II, he could see Korea others await their turn to place a ligation to be involved in civic and po- on the horizon and in that war he com- phone call and dictate their stories to litical affairs. He also carried that bur- manded the Destroyer Squadron FIVE. several Web sites on Cuban affairs in He served with the staff of Commander, den and that mantle very well. the United States. And even then, the So, Mr. Speaker, it is a sad thing for Seventh Fleet as Fleet Planning Offi- state-owned telephone monopoly fre- me personally that I will never see Uly cer for the Inchon invasion. In 1951 he quently refuses to connect their inter- again, going back to San Diego and sit- was assigned as Chief of Staff of Com- national calls. mander, Second Fleet. ting down with folks who give me great Mr. Speaker, Cuba is the only coun- In 1953 he assumed command of the advice on national security. I know the try in the Western Hemisphere where a cruiser USS Macon, and following the gentleman from California (Mr. journalist is currently jailed for his command, he served as deputy for Com- CUNNINGHAM) would say the same work. In 1997, journalist Bernardo mander in Chief Pacific Fleet. thing. Uly Sharp was a great American Arevalo Padron was jailed for ‘‘dis- But it was during Vietnam, Mr. and really served our country well. God respecting’’ Castro and another Cuban Speaker, in 1964, in which he was ap- bless him. state council member, Carlos Lage. pointed by the President to become f The charges stem from a series of Commander in Chief Pacific; that is b 1945 interviews that Arevalo gave to a CINCPAC, a unified command of nearly Miami-based radio station in which he 1 million Army, Navy, Marine and Air OPPRESSION OF FREEDOM OF THE alleged that while farmers starved, hel- Force personnel in an 85-million- PRESS IN CUBA icopters were taking fresh meat from square-mile area and, at that point, the The SPEAKER pro tempore (Mr. DAN the countryside to the dinner tables of entire Vietnam theater that he really MILLER of Florida). Under a previous Castro and Lage. became a very major leader of Amer- order of the House, the gentleman from Despite being eligible for parole and ican military forces in a very critical New Jersey (Mr. PALLONE) is recog- in declining health, Arevalo continues conflict. nized for 5 minutes. to be held in a labor camp.

VerDate 11-MAY-2000 05:36 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.106 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3427 Mr. Speaker, in the United States, we the same people that make the aspirin. will be $64, or I can order it from Eu- take I think all too often for granted In the United States, the average price rope for you on the Web, and we can the rights and freedoms of our journal- for a 30-day supply of Cipro is $87.99. have it here in 3 days, and the price ists. We just assume that it is true That same drug in Berlin sells for will be $18, or whatever the number is. throughout the world. But it is not $40.75. Markets work. Markets are more true. There are many countries that As we look down this list, we see powerful than armies. If we simply do simply do not allow journalists to prac- some even bigger disparities: Claritin, this, I believe we can save at least 35 tice. a drug that is going off-patent still percent; 35 percent of $1.8 trillion is I urge my colleagues to join with me sells in the United States on average, $630 billion. That would go a long way to draw attention to and take a stand or at least when this chart was put to- to helping to pay for a benefit for those against oppression of freedom of speech gether a few months ago, sold for an seniors who currently fall through the and freedom of the press, in this case average of $89 for a 30-day supply. That cracks. Cuba; but there are other countries exact same drug in Europe sells for Mr. Speaker, the time has come to that have similar problems. $18.75. Again, the same drug, the same open up the markets and allow Ameri- cans to have access to drugs at world f FDA approval, made in the same plants, selling for a fraction of what market prices. THE HIGH COST OF PRESCRIPTION they sell for in Europe. f DRUGS IN THE UNITED STATES Coumadin, a drug that I am very fa- AMTRAK AND THE FUTURE OF The SPEAKER pro tempore. Under a miliar with, my 85-year-old father OUR PASSENGER RAIL SYSTEM previous order of the House, the gen- takes Coumadin. It is a blood thinner tleman from Minnesota (Mr. GUT- very commonly prescribed for seniors. The SPEAKER pro tempore. Under a previous order of the House, the gen- KNECHT) is recognized for 5 minutes. In fact, most of them, once they start Mr. GUTKNECHT. Mr. Speaker, I rise on Coumadin, they stay on it for the tleman from Illinois (Mr. DAVIS) is recognized for 5 minutes. tonight to speak about an issue that rest of their lives. The price here in the Mr. DAVIS of Illinois. Mr. Speaker, I unfortunately more and more Ameri- United States on an average for a 30- rise to address the important issue of cans are becoming acutely aware of, day supply is $64.88; the same drug in that is, the high cost of prescription Amtrak, and especially do I rise to ad- Europe sells for $15.80. dress the future of our passenger rail drugs here in the United States, espe- If we go down the list, it makes us system in the United States. cially relative to the prices that people angry when we see the differences. A I am pleased to join with all of those are paying in other parts of the world, relatively simple drug like Premarin, who support an increase in transpor- other industrialized countries, where in the United States it sells for an av- tation funding for our Nation’s rail we see enormous differentials for the erage of $55.42; in Europe, the same line. I encourage my fellow colleagues same drugs made in the same plants drug, $8.95. The list goes on. If anybody to support the National Defense Rail under the same FDA approval. would like the entire list, they can Act proposed by the gentlewoman from I have a chart here, and it has a list. contact my office. We will send it to Indiana (Ms. CARSON). These are not my numbers; this is an them. Again, I did not create this Mr. Speaker, our national passenger independent group called the Life Ex- chart. I cannot defend this chart, and rail system is in a state of financial tension Foundation. They have been neither can anybody else. crisis. Last week, David Gunn, the doing research of this type for a num- Here is another chart that cannot be president of Amtrak, requested $200 ber of years and have been very helpful explained or defended. Last year, the million in immediate funding. Without in at least clarifying what is going on last year we have numbers for, what this necessary funding, Amtrak will be in terms of the way the drug companies happened to prescription drug prices? forced to shut down; perhaps not defi- set their prices. In the United States, the average price nitely, but even if indefinitely, any dis- The more we learn about this issue, for prescription drugs went up 19 per- ruption of our Nation’s rail system the angrier we will become when we see cent. I mentioned that Coumadin that would be detrimental to the economy what they are doing to American con- is now $64 for a 30-day supply in the as a whole. Therefore, I am pleased to sumers. For example, here are roughly United States. Two years ago, that have this opportunity to support legis- 15 of the most commonly prescribed same drug sold for $38 in the United lation that will create a high-speed na- drugs in the United States. Here is States. That is how much it has gone tional rail service that is on par with what we are paying on an average for a up in just 2 years. the best rail systems in the world. 30-day supply here in the United At the same time, the Social Secu- Over the last 30 years, we have spent States, and on the other list we have rity cost-of-living adjustments that we $750 billion on our national highways what the average price in Europe is. gave to those seniors who have to buy and airports, but we have only spent Now, some people say, well, some those drugs only went up 3.5 percent. $25 billion on our national passenger countries have price controls, and it is This is unsustainable. This is wrong, rail system. Thus, it is not surprising hard to compare apples to oranges, and and Congress ought to do something to me that out of the 23 most industri- all that. Well, let us talk about some about it: alized nations in the world, the United countries that do not have price con- Let us get to the big numbers. Let us States spends the least per capita on trols, not as we know they are: Ger- get to the big numbers. This is where it its national rail system. many, Switzerland. Those are two good starts to really cost. This number on We now stand at a time where we examples. Let us look at what we are top is one, then an eight, then a zero must decide whether we should keep paying here in the United States and and a zero and a zero and a zero and a massaging and bailing out Amtrak, what they are paying in places like zero and a zero and a zero and a zero lending it just enough money to sur- Germany and Switzerland. and a zero and a zero and a zero, $1.8 vive, or whether we should create a Let us take a drug like Cipro. We all trillion. That is what the Congres- high-speed train network that will en- learned a lot about Cipro last Novem- sional Budget Office tells us that sen- courage more ridership, more expe- ber when we had the threats, and ulti- iors, these are people 65 years and dient service, and a viable alternative mately several postal workers lost older, will spend for prescription drugs to aviation or automobile travel. their lives because of what happened in just the next 10 years, $1.8 trillion. In the wake of September 11, we need last fall. We bought an awful lot of Now, Members, conservatively, if we a world-class high-speed national rail Cipro. To his credit, Secretary Tommy just open up the market, if we just system. And in the weeks following the Thompson got a very good price on allow seniors to buy drugs from other terrorist attack, people turned to Am- that Cipro that he bought. countries, and I want them to go to trak to get home from work or travel. But let us look at what the average their local pharmacist, I want them to Since travel by plane was not an op- consumer would have to pay for Cipro. be able to go down to the local phar- tion, the only way to get anywhere was Cipro is a drug made by a pharma- macist and the pharmacist can say to by train. Across the country, Amtrak ceutical company called Bayer, or we them, listen, I can fill that out of my revenue and ridership increased signifi- say it Bayer, here in the United States, supply that is American, and the price cantly. In the northeast corridor alone,

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.108 pfrm01 PsN: H11PT1 H3428 CONGRESSIONAL RECORD — HOUSE June 11, 2002 revenue shot up 13.5 percent, and rider- forced to close its long distance lines, lion. However, only $2.7 billion was ac- ship increased 4.6 percent. If we were to the main links between Texas and cit- tually appropriated, barely 52 percent improve our national system, revenue ies would be severed, crippling the of the money. This does not constitute and ridership would surely increase, local economy and retarding rural de- a bail out. In fact, this latest figure is easing congestion on our highways and velopment in my district and across only the continuation of a decades old runways. the Nation. pattern of underfunding Amtrak while Transportation by rail is vital to the Mr. Speaker, the people of east Texas at the same time demanding that it be- economy. Businesses depend on it, use and support Amtrak. Ridership of come profitable. In essence, under the workers depend on it, and industry de- the Texas Eagle line and revenue from guise of supporting Amtrak, Congress pends on it. It is vital to the environ- the Texas Eagle line has increased by 9 has instead set it up for failure, pro- ment. Trains use less fuel, emit less percent since January, 2001, exceeding viding Amtrak with just enough money pollution, and cause less commuter budget projections. to survive another year but not giving congestion. b 2000 it the capital to develop necessary in- For much too long, we have ignored frastructure projects that could make the great potential that a world-class These positive developments have it self sufficient by 2001. rail system could bring to our coun- been achieved through bold steps taken No other publicly funded transpor- try’s economy and security. I encour- by the people of East Texas to do ev- tation system in America, much less a age all Members of Congress to join me erything in their power to keep the comparable national passenger rail sys- and my colleagues in passing the Na- Texas Eagle line running and bold tem in the world has succeeded without tional Defense Rail Act and support steps from Amtrak to reduce its man- significant public capital investment the future of expedient travel in the agement to maximize efficiency. to modernize systems, enhance secu- United States. The time has come to In March, Amtrak announced that its rity and fund long distance service. In invest in the future of high-speed rail CEO and president George Warrington fact, no private passenger line could transportation by overhauling our Na- was resigning to move on to another succeed under those same cir- tion’s passenger rail infrastructure. project after raising Amtrak’s revenues cumstances. Privatization of long dis- I share the vision of the gentlewoman to a record $2.1 billion for the 2001 fis- tance passenger service would be tanta- from Indiana (Ms. CARSON) and urge all cal year. Capitalizing on this vacancy mount to termination of long distance of my colleagues to join with us as we as a new opportunity, Amtrak’s board passenger rail service. It would result propose and develop a national rail sys- hired David Gunn to continue improv- in the loss of rail service in many rural tem second to none in the world. ing Amtrak’s record. This new admin- communities and would result in the istration lead by Mr. Gunn is making f lay off of many, many dedicated Am- radical changes to increase its rider- THE IMPORTANCE OF MAINTAIN- trak employees. Only short distance ship and revenues to achieve fiscal re- commuter routes would remain. The ING A FEDERAL COMMITMENT sponsibility in a common sense way. TO SUPPORT AMTRAK people of East Texas need and deserve Mr. Gunn has wide experience with access to a national rail network as The SPEAKER pro tempore. Under a the commuter rail industry both in much if not more so than communities previous order of the House, the gen- America and in Canada serving as the in the Northeastern United States. tleman from Texas (Mr. SANDLIN) is president of the New York City Transit They do not need a multitude of new recognized for 5 minutes. Agency from 1984 to 1990 and the chief rail bureaucracies without adequate re- Mr. SANDLIN. Mr. Speaker, I rise to- general manager of the Toronto Tran- sources. night. And the Democrats rise tonight, sit Commission from 1995 to 1999. He Importantly, if Amtrak is to be re- to stress the importance of maintain- carries with him an exceptional inter- duced to servicing the Northeast cor- ing a Federal commitment to support national reputation based on his abil- ridor alone, as a regional transpor- Amtrak. I, along with 150 of our col- ity to unite labor, business, local com- tation network, it should operate with- leagues, support providing Amtrak munities and governments to success- out Federal support. with the $1.2 billion it needs to main- fully improve financial stability and With proper funding Amtrak can suc- tain its current success on into 2003. plan for the future. With this strong ceed. H.R. 4545 will provide that fund- A working national passenger rail track record, Mr. Gunn brings to Am- ing. With $1.9 billion Amtrak can make network is essential for east Texas and trak the ability to overcome its finan- necessary changes. America and East America, but the Federal Government cial difficulties through progressive Texas deserve a strong passenger rail must provide resources for capital im- policies and realistic plans for the fu- system and I will continue to fight for provements if Amtrak is to continue to ture. Amtrak. service the Nation at affordable, com- Just yesterday, Amtrak’s governing petitive rates. board approved changes to consolidate f According to Amtrak, without this authority and remove unnecessary The SPEAKER pro tempore (Mr. funding Amtrak will be forced to elimi- oversight. These measures include cut- JEFF MILLER of Florida). Under a pre- nate nearly all long-distance passenger ting the number of vice president titles vious order of the House, the gen- trains by October 2002, which would be from 84 to approximately 20, clearly as- tleman from New Jersey (Mr. HOLT) is disastrous for rural America. Rural signing the authority over cars and lo- recognized for 5 minutes. America and east Texas support a na- comotives to five people when 16 cur- (Mr. HOLT addressed the House. His tional rail service. We do not approve rently share the responsibility, and remarks will appear hereafter in the of shutting down rural routes while consolidating Amtrak’s three oper- Extensions of Remarks.) funding only a northeast corridor com- ating divisions and its mail and express f muter route. business into the company head- Under Amtrak’s proposal, service be- quarters in Washington. The new SOCIAL SECURITY AND THE DEBT tween Boston and Washington will re- streamlined chain of command will The SPEAKER pro tempore. Under a main, while lines like the Texas Eagle vastly improve Amtrak’s decision previous order of the House, the gentle- route will be shut down if Congress making and efficiency. But any at- woman from Ohio (Ms. KAPTUR) is rec- fails to provide sufficient resources for tempts to solve Amtrak’s crisis will be ognized for 5 minutes. fiscal year 2003. Amtrak’s long-distance for naught without strong Congres- Ms. KAPTUR. Mr. Speaker, this passenger line provides critical trans- sional support to match Amtrak’s bold evening I would like to dedicate my re- portation options for rural areas like new policies. marks to Social Security, its trust east Texas, allowing rural residents as Now, Amtrak’s opponents argue that funds and our growing national debt. great an access to transportation as the Federal Government has bailed out In January of last year, our Nation residents of fully urbanized areas. Amtrak before to no effect, and that finally moved to an annual balanced In many cases, Amtrak’s Texas Eagle private passenger lines are the only so- budget after decades of being awash in is the only means east Texans have to lution. Not so. In 1997, Congress reau- growing debt as far as the eye could travel long distances. If Amtrak is thorized Amtrak for 5 years at $5.2 bil- see. Many of us fought very hard to

VerDate 11-MAY-2000 03:59 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00130 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.110 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3429 bring that budget back into balance $212,246,575,342 averaging about $754 per used these resources that we were talk- and, in fact, the Congressional Budget American. I do not think that this is ing about and we continue to talk Office at that time projected that we responsible budgeting. I do not think about to actually fix the Social Secu- were on course to have the publicly this is what the Republican majority rity instead of being used for this tax held debt, the over MMMM$6 trillion of promised. I am generally not quite this cut. accumulated debt, paid off in about 10 partisan on the floor of this Congress. I think we all need to remember that years, by 2011. However, when it comes to Social Se- our seniors continue to remain secure Now, not even one and a half years curity and Medicare, and what it has in their retirement, and I particularly later the Congressional Budget Office meant to lift half a Nation out of pov- want to talk about women as we have projects that under the Republican erty, there is absolutely no reason that potentially come on a debate about the budget passed here in March, there will Kenneth Lay and his likes should get a privatization proposals that many of us be a $1.8 trillion in budget deficit over $350 million tax refund while average believe needs to be talked about a lit- the next 10 years. So instead of paying Americans are having their future re- tle bit, and certainly the concerns. But off our Nation’s debt by 2011, under the tirement funds raided every single let us look at women in this country Republican budget the publicly held week. So I would just ask those who and how they rely on Social Security. debt will stand at nearly $3 trillion. may be listening in New York City, if Women rely actually more on Social I can remember when they took the you could find that old debt clock and Security income than men. Almost debt clock down in Time Square and put it back, I think we need to tell the two-thirds of all women 65 years and everybody across America cheered. truth to the American people. It is older get at least half of their income Well, I would encourage those folks up time that we begin putting money in from Social Security. For one-third of on Wall Street to put it back up be- the trust fund, not drawing it down for these women, Social Security makes cause it is growing again. purposes that are unrelated to the pur- up 90 percent or more of their income. Now, what is the biggest reason for pose for which it was originally orga- Guess what? Women, we live longer this radical reversal in our Nation’s fi- nized. than men. We all know this. And, in nancial health? Primarily, the Bush f fact, we live about 7 years longer. tax gives away mainly to the super Fully 72 percent of Social Security re- rich. ANNOUNCEMENT BY THE SPEAKER cipients over 85 are women. And on av- Now, what does this burgeoning pub- PRO TEMPORE erage, women over age 85 rely on Social lic debt represent? First and foremost The SPEAKER pro tempore. Mem- Security for 90 percent of their income. it means Social Security trust funds bers are reminded to address their re- I will repeat that, 90 percent of their are being drawn down to pay for those marks through the Chair. income. Traditional Social Security tax breaks. And what is really amazing continues to pay benefits as long as the f is that the Republican majority here in beneficiary is alive. this Congress voted seven times to pro- The SPEAKER pro tempore. Under a Now, when we start talking about tect the Social Security trust fund in a previous order of the House, the gentle- private accounts, we honestly believe lockbox. They said they wanted to en- woman from California (Ms. that women risk exhausting their sav- sure that not a penny of the Social Se- MILLENDER-MCDONALD) is recognized ings in their most vulnerable years. curity surplus would be used for other for 5 minutes. Women take time out of the workforce programs. They have vowed that every (Ms. MILLENDER-MCDONALD ad- to care for children and elderly par- penny of the surplus would be used dressed the House. Her remarks will ents. We have all been there; we have solely to buy back outstanding Treas- appear hereafter in the Extensions of heard those stories. As a result, they ury bonds in a manner that would Remarks.) rely much more heavily on their hus- shore up Social Security for the future. f band’s Social Security benefits. Over 60 So the Republican budget they passed WOMEN AND SOCIAL SECURITY percent of women on Social Security in March does not simply break the receive spousal benefits while only 1 lockbox and dip into the Social Secu- The SPEAKER pro tempore. Under a percent of men receive such payments. rity surplus, it calls for a grand and ex- previous order of the House, the gentle- So why is it important that we pre- tended raid, tapping the surplus every woman from Florida (Mrs. THURMAN) is serve traditional Social Security for year of the next decade. The timing recognized for 5 minutes. women? Unlike private accounts, So- could not be worse. We must balance Mrs. THURMAN. Mr. Speaker, before cial Security is automatically adjusted the Federal budget and protect Social the gentlewoman from Ohio (Ms. KAP- for inflation. For women, who live Security surpluses for the 44 million TUR) leaves, I want to congratulate her longer lives, private accounts run the baby boomers set to retire over the on her presentation. Social Security is risk of being worth less due to inflation next ten to 15 years. Working families a very important issue, and certainly I or devalued accounts. have earned a secure retirement and we think she laid out to the public what is Well, then why are we having this de- must put Social Security solvency happening here in Congress. And I bate? Well, the President in his guide- first. Congress is the main protector of agree with her that we should not be lines for the Social Security Commis- Social Security. It is the people’s pro- spending the Social Security money on sion stated that we, in any proposal we gram intended by Franklin Roosevelt anything other than Social Security. create, must not invest Social Security and every Democratic president since, And quite frankly, this is something dollars in the stock market. He also to allow generations of retirees to live that almost every Member of Congress, stated that the Social Security payroll with independence and dignity. And it both Democrats and Republicans, taxes must not be increased. However, is time for the Republican majority to agreed to last year by overwhelmingly the President wants people to be able stop raiding Social Security. But so passing the lockbox for Social Security to use a portion of their payroll taxes long as they continue to do so I will be and Medicare. Unfortunately, as has for investing in stocks. The commis- down here every week telling the been pointed out, the Social Security sion, which was commissioned by the American people exactly how much trust funds would lose two-thirds of its President, recommended three options they have taken from the one remain- surplus under the President’s budget. for reforming Social Security. But let ing portion of the Federal budget that And the Congressional Budget Office me warn you that all three options di- is in surplus and that is the trust projects that $740 billion of this money vert at least some percentage of pay- funds. would be used to fund things other roll tax to private accounts. Last week we reported that they had than Social Security benefits such as taken as of June 5, $207,232,876,712, the tax cuts. b 2015 which last week amounted to about In the Nonpartisan Center on Budget Diverting as little as 2 percent to pri- $717 per American. This week, they and Policy Priorities, they estimate vate accounts the commission, and the have now taken over $5 billion more. that the size of the tax cut is more commission recommended as much as 4 As of June 11, 2002 they have now than twice as large as the Social Secu- percent will result in a loss of trust dipped into the trust fund rity financing gap. So we could have funds of $1.1 trillion dollar over 10

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00131 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.113 pfrm01 PsN: H11PT1 H3430 CONGRESSIONAL RECORD — HOUSE June 11, 2002 years or at 1 percent $558 billion over 10 ture of Social Security. Some of those smaller amount of money, and they years. That money has already been concerns are founded and some may cannot get by with what it is now. designated to pay for benefits for fu- not be. We are all well aware that as They have to make a choice between ture retirees, not to mention the fact the post-war baby boom generation food or medicine. that we do not have $1 trillion left be- ages, the numbers of retirees relative Hugh Price, president of the National cause it has been spent on the tax to the number of workers will increase. Urban League, and Julian Bond, chair issues. These are facts that cannot be of the National Association for the Ad- One option affected seniors’ benefits changed. However, modest changes im- vancement of Colored People, wrote an to such a degree that the Wall Street plemented immediately can give people editorial in the New York Times on Journal wrote, ‘‘Benefit options would time to plan for the future and would July 26, 2001, addressing African Amer- be changed in so many ways that take us a long way toward resolving ican women and Social Security. They grandma’s head would spin.’’ The the issue. found that guaranteed government as- President’s guidelines also leave only Privatizing Social Security is the sistance is essential to the African one option for supporters of privatizing most radical change, and it assumes American community. While African Social Security, and that would be to that there is magic in diverting some Americans make up only 12 percent of cut seniors’ Social Security benefits. portion of the current Social Security the general population, they make up Why in the face of a recession and payroll taxes into the private markets. 17 percent of all Americans receiving the impending retirement of baby I hope that people who have money in Social Security benefits and 22 percent boomers would we take the money to the private markets understand what of all children’s survivor benefits. be paid to future retirees and gamble happened in the last year or so. Most At this point I will insert my entire on it? I ask the American people that privatization plans propose to strip a statement into the RECORD. question. I hope we stay tuned for this few percentage points off the Social Se- Ms. EDDIE BERNICE JOHNSON of Texas. debate on privatization and we say curity payroll taxes and divert them to Mr. Speaker, I rise today to address the dev- ‘‘no’’ to privatization. the private individual investment ac- astating impact that privatizing Social Security f counts. Most people happily focus on will have on women, especially African Amer- The SPEAKER pro tempore (Mr. the vision of a few dollars a month ican Women. growing into millions of dollars over Social Security is particularly important to JEFF MILLER of Florida). Under a pre- women, especially in my home state of Texas. vious order of the House, the gentle- time. Just ask me and a few others who Without these vital retirement benefits, woman from the District of Columbia have put small amounts of money on the market, that is lost. Unfortu- 564,000 women in the Lone Star State would (Ms. NORTON) is recognized for 5 min- be classified as poor, according to a report re- utes. nately, this is a dream and not a released by the Center for Budget and Policy (Ms. NORTON addressed the House. ality as we have witnessed in the com- Priorities. Her remarks will appear hereafter in mon stock market. There are three very important Currently, Social Security benefits are pro- the Extensions of Remarks.) things that should be considered when gressive; that is, those with low wages receive f privatizing Social Security benefits: a larger percentage of benefits relative to their The SPEAKER pro tempore. Under a first, the huge cuts in benefits which earnings than higher income individuals do. previous order of the House, the gentle- would be required under the privatiza- This system of progressivity, combined with a woman from California (Ms. LOFGREN) tion plans, most as large as a 60 per- cost-of-living adjustment that increases bene- is recognized for 5 minutes. cent cut in Social Security benefits. fits every year, strengthens the safety net for (Ms. LOFGREN addressed the House. For people with large savings from those who are the most economically dis- Her remarks will appear hereafter in other sources, that may not seem like advantaged. the Extensions of Remarks.) much; but for most Americans, it Privatization flows from concerns that many f would be a drastic reduction in the pro- people have about the future of Social Secu- rity. Some of those concerns are founded and IMPACT OF SOCIAL SECURITY PRI- tections they have come to rely on. some are not. We are all well aware that as VATIZATION ON AFRICAN AMER- That means many of the women of the post-war baby boom generation ages, the ICAN WOMEN which I speak depend solely on Social Security as their retirement pension number of retirees relative to the number of The SPEAKER pro tempore. Under a income. workers will increase. These are facts that previous order of the House, the gentle- Next, privatization would be a major cannot be changed. However, modest woman from Texas (Ms. EDDIE BERNICE change in who bears the risk of saving changes, implemented immediately, can give JOHNSON) is recognized for 5 minutes. for retirement. Privatization would people time to plan for the future and would Ms. EDDIE BERNICE JOHNSON of shift nearly all of the risk to the indi- take us a long way toward resolving the issue. Texas. Mr. Speaker, I rise today to ad- vidual. People who are unwise or un- Privatizing social security is the most radial dress the devastating impact that lucky in their investments would suf- change, and it assumes that there is magic in privatizing Social Security would have fer. We saw many examples of this in diverting some portion of the current social se- on women, most especially African the recent stock market failures. curity payroll tax into the private markets. Most American women. Finally, privatization would increase privatization plans propose to strip a few per- Social Security is particularly im- the Federal deficit by more than $1 centage points off the Social Security payroll portant to women, especially in my trillion over the next 10 years. Taking tax and divert them to private individual invest- home State of Texas. Without these a mere 2 percent of payroll taxes away ment accounts. Most people happily focus on vital retirement benefits, 564,000 from the trust fund would double or the vision of a few dollars a month growing women in the Lone Star State would be triple the size of the deficit. This effect into millions of dollar over time. Unfortunately, classified as poor according to a report is what some people trivialize as tran- this is a dream and not reality, as we have released by the Senate for budget pol- sition costs. I do not believe it is triv- witnessed in the current stock market. icy and priorities. ial, and given the other concerns which There are three very important things that Currently, Social Security benefits privatization raises, I think we should should be considered when privatizing Social are progressive, that is, those with low look long and hard before we lapse and Security benefits. First, the huges cuts in ben- wages receive a larger percentage of leap into the wrong direction. efits which would be required under the privat- benefits relative to their earnings than How do African American women fair ization plans, most as large a 60 percent cut higher-income individuals do. This sys- in privatization proposals floating in Social Security benefits. For people with tem of progressivity, combined with a around in the country? Not good at all. large savings from other sources, that may not cost-of-living adjustment that in- Although black women typically live seem like much, but for most Americans, it creases benefits every year, strength- longer lives, their lifetime earnings are would be a drastic reduction in the protections ens the safety net for those who are the usually much lower than their white they have to come to rely on. most economically disadvantaged. counterparts. Under privatization, this Next, privatization would be a major change Privatization flows from concerns lower level would mean black women in who bears the risk of saving for retirement. that many people have about the fu- would be forced to live longer on a Privatization would shift nearly all the risk to

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00132 Fmt 4634 Sfmt 9920 E:\CR\FM\K11JN7.116 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3431 the individual. People who are unwise or un- to my colleagues, and they are talking The SPEAKER pro tempore. Under a lucky in their investments would suffer. We about privatization of Social Security. previous order of the House, the gentle- saw many examples of this in recent stock I am actually here to speak about the woman from Florida (Mrs. MEEK) is market falls. attempts to privatize our air traffic recognized for 5 minutes. Finally, privatization would increase the Fed- controllers. (Mrs. MEEK of Florida addressed the eral deficit by more than a trillion dollars over I do not know why everyone keeps House. Her remarks will appear here- the next ten years. Taking a mere two percent thinking that privatizing is the best after in the Extensions of Remarks.) of payroll away from the Trust Fund could thing in the world. When I started double or triple the size of the deficit. This ef- working down here in Washington, I f have to fly a lot, and with that, I cer- fect is what some people trivialize as ‘‘transi- The SPEAKER pro tempore. Under a tion costs.’’ I do not believe it is trivial, and tainly see what goes on in our airports; but I also had the opportunity to spend previous order of the House, the gentle- given the other concerns which privatization woman from Texas (Ms. JACKSON-LEE) raises, I think we should look long and hard time in the tower. I spent time at JFK Airport in New is recognized for 5 minutes. before we leap in this direction. York; and it just so happened when I (Ms. JACKSON-LEE of Texas ad- How do African-American women fare in pri- was there, a terrible storm came in, dressed the House. Her remarks will vatization proposals currently floating around and what happens an awful lot of times appear hereafter in the Extensions of in Congress? Not good at all. in our towers, with the equipment that Remarks.) Although Black women typically live longer they are using, it fails and yet our traf- lives, their lifetime earnings are usually much fic controllers were right there and f lower than their white counter-parts. Under pri- were using the equipment or the hand vatization, this lower level would mean black stuff that they have used for 20 years; AIR TRAFFIC CONTROLLERS women would be forced to live longer on a and to watch these men and women smaller amount of money. work, they are absolutely wonderful. The SPEAKER pro tempore. Under a Hugh Price, President of the National Urban When we start talking about privat- previous order of the House, the gentle- League and Julian Bond, Chair of the National ization, this is not the answer. We have woman from Minnesota (Ms. MCCOL- Association for the Advancement of Colored dedicated people keeping our skies LUM) is recognized for 5 minutes. People, wrote an editorial in the New York safe, and if anybody needs any re- Ms. MCCOLLUM. Mr. Speaker, today, Times, on July 26, 2001 addressing African minder about that, think about Sep- like so many other Americans, I American women and social security. They tember 11. Our air traffic controllers boarded a plane and I arrived safely at found that guaranteed government assistance around this Nation landed over 5,000 my destination. This is what the Amer- is essential to the African American commu- planes within a certain amount of ican people expect when they board a nity. While African Americans make up only 12 hours without any kind of incident. plane: safety, security, and the guar- percent of the general population, they make Think about that. antee of a safe landing at the end of the up 17 percent of all Americans receiving So- My concern also is if we are going to flight. cial Security benefits and 22 percent of all think about privatizing our air traffic The American people hold the Fed- children’s survivors benefits. However, the Ad- controllers, is it going to be a bottom eral Government accountable and re- ministration has been unclear on how disability line. These are dedicated people. I sponsible for the safety of our skies. and survivor benefits would continue to be spend time with them because they are Homeland security has become our Na- funded. always saying the equipment is not tion’s top priority. A study by the National Urban League working. This past weekend we read On the same day that the administra- counters assertions made by the Administra- about the FAA putting new equipment tion proposed a Department of Home- tion that African Americans will benefit from into some of our airports, and then land Security, President Bush also private accounts bequeathed to their relatives. they are the first ones to say it has got issued an executive order weakening According to the study, the typical African bugs in it. We are going to put it in the security of our skies by removing American man dying in his thirties would only anyway, and we are going to work the the air traffic controllers from the have enough in his private account to cover bugs out. I personally would rather Federal Government. President Bush’s less than two percent of the survivor’s benefits have the men and women of air traffic action opens the door to privatizing under current law. This also has a devastating controllers working the bugs out before this vital air safety role and risks plac- impact on African American women as sur- they have to lean on using it. ing corporate profits ahead of public vivors. With that, my colleagues on this side safety. of the aisle and hopefully the other Members of Congress must be fiscally re- For this administration to declare side of the aisle will work to make sure sponsible when it comes to making decisions air traffic controllers no longer an es- we do not privatize our air traffic con- regarding Social Security. Fiscal responsibility sential component of our Federal trollers. It is not the answer, and it is entails looking at the whole picture and seeing homeland security system undermines not cost efficient. The men and women the effect it may have on all individuals in so- America’s faith in air safety. that serve this country, keeping our ciety. I urge my colleagues to make this the In the few short hours after the at- inclusive America we continue to represent to planes safe and keeping us all safe, certainly deserve, and by the way, if we tacks of September 11, air traffic con- the world and ensure that Social Security pro- trollers guided hundreds of thousands posals give everyone some comfort in life! start looking at trying to get people to work in New York and certain other of Americans out of the skies to safety. f areas of the country, they do not want Their heroic actions saved countless The SPEAKER pro tempore. Under a to go there. They just do not want to lives. Their dedication and profes- previous order of the House, the gen- go there because the work is so hard, sionalism should be honored just as we tleman from California (Mr. LANTOS) is and yet our people are there every sin- honor firefighters, police officers and recognized for 5 minutes. gle day, minute by minute, watching emergency first responders who also (Mr. LANTOS addressed the House. every single plane in this country; and performed heroically on September 11. His remarks will appear hereafter in the only thing that they are concerned The role of air traffic controllers in the Extensions of Remarks.) about is the safety of their citizens homeland security is vital every day f that are in the planes. and should never be discounted or We should do everything, everything weakened. The American people have ENSURING THE SAFETY OF AIR in the world to make sure that we do an expectation that our skies are safe. TRAVEL not privatize. As I said earlier, The Federal Government and air traffic The SPEAKER pro tempore. Under a privatizing everything is not the an- controllers, as employees, are respon- previous order of the House, the gentle- swer to the problems that we are fac- sible for providing that safety. Unfor- woman from New York (Mrs. MCCAR- ing. What we should be doing is having tunately, this executive order under- THY) is recognized for 5 minutes. better working conditions for these mines air safety and weakens our Mrs. MCCARTHY of New York. Mr. men and women and giving them the homeland security, and it should be re- Speaker, tonight I have been listening equipment that they need. scinded.

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00133 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.098 pfrm01 PsN: H11PT1 H3432 CONGRESSIONAL RECORD — HOUSE June 11, 2002 OPPOSITION TO PRIVATIZING AIR nounced policy of January 3, 2001, the lowest ratios in the world. However, TRAFFIC CONTROLLERS gentleman from Oregon (Mr. this 10 percent that we spend is dis- The SPEAKER pro tempore (Mr. BLUMENAUER) is recognized for 60 min- guised by a variety of subsidies and tax KELLER). Under a previous order of the utes as the designee of the minority payments. Indeed, 40 percent of net House, the gentleman from Mississippi leader. farm income comes from the Federal (Mr. SHOWS) is recognized for 5 min- Mr. BLUMENAUER. Mr. Speaker, Government. So there are a great num- utes. last month’s enactment of the agri- ber of tax dollars that are claimed. Mr. SHOWS. Mr. Speaker, tonight I culture authorization bill signaled that There are huge environmental costs rise to express my concern in opposi- we are at a crossroads here in America, that are associated with our current tion to privatizing air traffic control- not just as it relates to agriculture, system of production which I will talk lers in airports across our country. but very interesting developments for about in a few minutes, and consumers I do not know about my colleagues, the environment, community develop- are paying exorbitant prices for com- Mr. Speaker, but the safety of the fly- ment, and even the huge increase in ag- modities like sugar, more than twice ing public should not be done by the ricultural funding could not conceal the world market, pay dearly for avo- lowest bidder. Congress has already de- the cracks that are emerging as these cados, peanuts, and the list goes on. termined that privatization does not issues are coming forward. The environmental impacts of agri- guarantee better service, safety, or ef- Hidden behind all of the fireworks business is something that I think is ficiency. that surrounded the agricultural bill, important for us to focus on. It is, for Frankly, we were all shocked to we have ended up with it being further instance, in many areas extraor- learn of the President’s executive removed from the needs of most farm- dinarily water-intensive. It is not just order, released last Friday, deleting ers. It is not only removed from the a problem occasionally when we have the words ‘‘an inherently governmental public we are supposed to serve, not some parts of the country as they are function’’ from an executive order of only removed from the agricultural in- today facing drought and water quality December 2000 regarding air traffic terests, but it is even removed from the problems. Although even the adminis- controllers, which set the wheels of pri- will of the Members of this body. tration seems to acknowledge that we vatization into motion. I recall on this floor working hard on are going to be facing serious problems It is amazing to me that this Con- a motion to instruct the conferees of associated with global climate change, gress has invested billions of dollars on the House to vote in favor of provisions they are not prepared to offer up any a new agency to federalize baggage of the Senate that would have placed a solutions for that, but that is going to screeners while at the same time enter- $275,000 payment limit. Despite the fact have potentially very profound effects taining the idea of contracting out our that it was passed by 265 of our col- on how water is supplied in the future. important air traffic control positions leagues, it was ignored by the conferees Mr. Speaker, it takes a tremendous for the cheapest offer. This is an illogi- in favor of a $360,000 payment limit amount of water for us to be involved cal step and inconsistent with our pre- that itself was riddled with exemptions in some grotesquely inappropriate ac- vious attempts to ensure a safe means which will make it largely meaning- tivities. We are providing heavily sub- of transportation. less. sidized water for subsidized crops, like We should heed warnings from other Mr. Speaker, I am afraid we are hav- growing cotton and rice in the desert. countries that are currently struggling ing two very different visions of the ag- In the Pacific Northwest, we have been under privatization. The privatized sys- ricultural future of this country having problems in the Klamath River tems of Canada and Great Britain have emerge as a part of those deliberations. basin where we have water-intensive not worked. Canada has delayed buying One is for the status quo which is a mu- agriculture in an arid plane. It takes an enormous amount of new equipment, postponed hiring new tation of over 70 years of depression- water to produce meat for human con- controllers, and even increased fees to era subsidization which no longer sumption. 1,000 tons of water for one cover costs. meets the needs of average farmers, ton of grain; and increasingly, our cat- consumers, and certainly not the envi- b 2030 tle are grain fed and it requires almost ronment. Great Britain resorted to the banks 5 pounds of grain to produce one pound This vision is opposed to one that is for a bailout. Is this the system we of beef for human consumption. If we economically sound, a sustainable fu- want to follow? In talking about pri- do the math, you see the huge amount ture, that is in fact healthy for the vatization and Social Security, I think of water that is involved in the produc- farmers, the environment, consumers we have a comparison. Look what hap- tion of cattle. pened to the stock market. What would and the taxpayer. What matters? Why Agriculture also poses many of the happen if we privatized Social Security would a city representative like me be- most important challenges to water today. come so interested in farm policy? quality. It contributes to poor water We talk about competition. I wish Well, we cannot deal with the govern- quality in 60 percent of the Nation’s the President and the administration ments of this country without focusing impaired river miles, which is more would look at competition towards on the role that agriculture plays. It is than the dams, sewage discharges, and pharmaceutical companies and bidding firmly grounded in American lore, our urban storm drainage combined. Think on the Medicare prescription drug pro- history and our tradition. Think back of it. Agriculture produces 60 percent gram, having pharmaceutical compa- to Thomas Jefferson’s agrarian ideals. of the water quality problems in the nies bid to get the business of Medicare Ignore for a moment that this was sort Nation’s impaired river miles, more for pharmaceutical drugs for our sen- of an effete intellectual who never than dams, sewage discharges, and iors. It makes it competitive, but they turned a profit on his many acres of urban storm drainage combined. will not talk about that. During the land and several hundred slaves, never We have a situation where the petro- confusion of September 11, our hard- mind that he was hopelessly in debt, chemical fertilizers are also exten- working air traffic controllers landed and eventually lost his estate at his sively required. It takes on average ap- 5,000 planes in less than 2 hours with- death to his creditors. Nevertheless, proximately 1.2 gallons for every bush- out one operational error. Should we that vision, that agrarian ideal of el of corn. And then there is the oil privatize a system that performed so Thomas Jefferson persists; and agri- production for energy. A typical cow efficiently and accurately during the culture still is essential today to will consume the equivalent of 284 gal- most critical day of all days? America, even though only 2 percent of lons of oil in their lifetime, the energy I hope this Congress is not fooled by our population is actively involved necessary to sustain that animal. We the promise, or gimmick, of privatiza- with farming, versus 25 percent or have essentially transformed cattle tion. more in the 1930s. There are still 2 mil- from solar-powered animals to fossil f lion family farms and ranches that fuel machines. cover nearly 50 percent of the land area It is also a diet that is unhealthy and AGRICULTURAL CROSSROADS in the lower 48 States. unnatural for these animals. It has The SPEAKER pro tempore (Mr. Americans spend 10 percent of their turned once bucolic agricultural enter- KELLER). Under the Speaker’s an- income on food, and that is one of the prises into an extension of the modern

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00134 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.124 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3433 factory. And it has not just made these against the damage that is brought land lost to sprawl has doubled over animals’ lives miserable, based entirely about by these vast hog factory farms. the last 6 years, most of which was on eating, adding weight until they can In fact, it was interesting recently in amongst our most productive farm- be slaughtered, but there is persuasive Iowa there was a special election for a land. evidence that it is actually changing State Senate position where the in- Think back in history. What was the their metabolisms and their digestive cumbent, a Republican in a very safe most productive farm county in the systems, producing meat that is de- Republican district, had been ap- United States in 1950? Los Angeles monstrably less healthy to consume in pointed by the President to some ad- County. From what we have seen, this the short-term, and maybe having ministrative position. There was a spe- pattern continues. Because the settle- long-term consequences that are ex- cial election. The outrage in this Re- ment patterns were in areas that were traordinarily negative for overall publican district was such that with a rich agricultural arenas, people moved human health. There have been studies 62 percent vote, they elected a Demo- there. That is where the settlements which have contrasted some of the nat- crat to take that position. started. There were trade activities. ural, grass-fed beef in Italy where there There is slowly at the grassroots People radiated out from them in areas is approximately 15 percent of the fat, level a realization that States and the that were the most productive farm- as opposed to grain-fed beef and 38 per- Federal Government that are not deal- land. Thus it is today that most of our cent of the calories of standard cattle. ing with the protection of the citizens, major metropolitan areas are in and It goes beyond just the fat content. are doing them a disservice. People in around extraordinarily productive There are concerns about developing Iowa again cannot sue for damages as farmland. But we are watching this resistance to medicines due to the in- long as some minimum spacing re- farmland being lost at a dramatic rate. discriminate use of antibiotics. It is es- quirement is maintained. There have It took us approximately 350 years to timated that 80 percent of the total been people who have basically lost the create America’s footprint of urban de- quantity of antibiotics used in the entire value of their property with no velopment and settlement. Three hun- United States are administered to food recourse as a result of it. dred fifty years. But 15 percent of that animals, putting that in the food In North Carolina, I am sad to say, footprint occurred in the years 1992 to chain. It may well be that the kind of the Members of this House in the after- 1997. We developed an area approxi- meat that we are eating today as a so- math of Hurricane Floyd a couple of mately 17 million acres. This is ap- ciety is much less healthy because of years ago, and Members may recall in proximately the size of West Virginia. the increased presence of these anti- the aftermath of that terrible hurri- It is important, Mr. Speaker, for us to biotics which in turn build up resist- cane, the damage that was done. Our focus on the need of this country to be ance from the germs and create a cycle hearts went out to the people of North able to protect that delicate area which makes us more susceptible to Carolina. We stepped up, provided where the urban and the farm areas stronger germs, and having less ability money and disaster assistance, but who intersect, and we must do a better job. to use antibiotics to protect us. can forget the disgusting photos of the There are some that suggest that this And of course, dealing with the fat, bloated bodies of hogs, or hogs perched is an area or that it is something that our House physician has been working on floating debris. the Federal Government does not be- with Members in this chamber to en- b 2045 long in, that if we are talking about courage more awareness of our life- land use and agricultural policy, that style, the problems of saturated fat. As a result of those floods, there were is something that is local and State. I Now that the cows are eating more massive problems associated with hog would beg to differ. American agri- corn instead of grass, the meat con- lagoons in flood plains that resulted in culture has developed as a direct result tains more saturated fat. There is an- a leaching of these animal wastes, of Federal Government policy. It start- other health and environmental prob- these toxins, out into the environment ed when the Federal Government en- lem dealing with prodigious quantities for months after the hurricane. Unfor- forced taking land away from Native of animal waste. tunately, Federal money was spent to We are finding that county after rebuild those hog lagoons in the flood Americans and giving it to European county in States like Nebraska are now plains, back in harm’s way, where settlers to farm during the beginning moving into areas of land-use planning again in the future, as sure as any- of the Republic. We had major pieces of because they are being overwhelmed by thing, we are going to be faced with legislation that exploded, the Home- the consequences of these concentrated that tragedy again, the damage to the stead Act of 1862, legislation that cre- feed lot operations. environment. ated the land grant colleges where we In Iowa, it is an issue of hog waste. A We are finding that in State after had the agricultural colleges and uni- hog can produce up to 10 times the State there are problems with large versities. There were the vast reclama- waste of a human. U.S. factory farms farm operations that change the hy- tion projects that changed the hydrol- generated 1.4 billion tons of animal drology of farm country. There is cre- ogy of whole ecosystems. waste in 1996 according to the EPA. ation of vast amounts of soil erosion I mentioned earlier in the Pacific Imagine a farm of 100,000 hogs. It could that takes the toxins and the fer- Northwest, the Klamath Basin. This produce the waste of a city of almost a tilizers and washes it into waterways, has been an area of great agitation and million people, yet we will look at a actually waterways that did not used concern because we had these interests State like North Carolina, where there to be there. Throughout the upper Mid- clash this last year when we had ex- are no requirements for the sewage west, we have these vast fields today treme drought conditions, and it sort treatment plant of these vast hog oper- that are a result of miles and miles, of put a spotlight on the fallacy of the ations. Think of that. Living next to a hundreds of thousands of miles, of Federal programs over the last 100 city of 100,000, 500,000, up to a million drainage tiles that have been installed. years. We committed as a Federal Gov- people, and not having adequate sew- Yet we have not taken the steps that ernment far more in terms of water age treatment. We would not stand for are necessary in the main to protect than we could deliver to those farmers it. Sadly, in this country, in many the further erosion of the soil, the tox- that we lured to that area. We lured rural areas, the States do not have ade- ins, into those waterways. them a century ago, we did it again quate protection to ensure that these And it is not just a case of erosion, after World War II when we encouraged vast quantities of waste are going to be pesticides, toxins. We are losing vast returning veterans to settle in the adequately processed to protect acreages of farmland still to sprawl. Klamath Basin, but a terrible price has against damage to water quality. More than 90 million acres of farmland been paid. Again, in some States they have bent across this Nation are threatened by We have overallocated water rights over backwards in fact to protect these sprawl today, and we lose more than 2 to farmers and ignored critical habitat interests at the expense of people. In million acres every year to urban de- requirements. This vast Klamath River Iowa, their State legislature in its wis- velopment. That is more than all the Basin is an area where the flightway dom has prevented local governments topsoil that is eroded. We cover it with for 90 percent of the north-south mi- from providing land use protections blacktop. The number of acres of farm- gratory waterfowl stop. It is an area

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00135 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.126 pfrm01 PsN: H11PT1 H3434 CONGRESSIONAL RECORD — HOUSE June 11, 2002 where there are significant commit- league, the gentleman from Florida be stimulated, prices would be lower. ments to other wildlife and, Mr. Speak- (Mr. DAN MILLER), joined with the gen- Because there is more support, it would er, one of the areas that we have made, tleman from California (Mr. GEORGE encourage more production. So there I think, a serious misstep deals with MILLER), dealing with the outrageous will be more participation at lower our commitments to Native Ameri- situation we have in this country deal- prices which means the gap is not cans. Native Americans in this region ing with the sugar quota system. It is going to be assumed by the market- and elsewhere, particularly in the arid hard to imagine a cycle that is more place, and is not going to be assumed West, had claims for fishing and hunt- frustrating for the taxpayers, more by the farmers who will bear the price ing. Their water rights are not being damaging for the environment and of producing too much that the world properly acknowledged and respected. frankly makes us look more foolish. markets do not want. Over the last 40 years, we have dra- So in total in the Klamath River Basin b 2100 as we have seen elsewhere in the West matically increased the acreage of in particular, there is more than the sugar cane production in Florida’s Ev- The gap is going to be paid by the U.S. Government and Mother Nature erglades. It was approximately 60,000 American taxpayer. can now deliver. acres. Today it is in the neighborhood We already know that our estimates But there was a front page story in of 450, 460,000 acres, an increase of more from a year ago are probably at least the New York Times 10 days ago that than seven times in 40 years. This has $12 billion understated, and it is very talked about the problem that is being been fueled because the United States likely as time goes on, as we find out faced by the city of Atlanta, where has a restrictive quota system that all the little provisions that are in this there is a three-state struggle over mandates that we in this country will bill, as the media is exploring new pro- scarce water in an area where people pay two or three times the world price tections for lentils and chick-peas, as think of it as being rich and certainly of sugar, and people that can grow it it is clear that we are going to have a water not being a problem. But it is. more cheaply or more efficiently are new transitional payment on top of We have other areas here where we are not able to bring it into this country. what we are doing for peanuts to try to dealing with the vast range of Federal In fact, we are growing so much sugar pay them to move into the future, that programs that the Federal Government that we are paying millions of dollars there is going to be additional costs built, railroads at government expense this year to store the surplus sugar. that are buried. This Congress had a that helped promote agriculture. I will, But it is not just that the American chance to draw a line and establish I guess, not go into that because the consumers are paying more for the some reasonable limits and caps. time is late and I want to deal with sugar and that they are paying to store I mentioned earlier that there was an some of the other issues that relate to the surplus sugar. We are also driving effort on the part of the Senate, and I the way that the industry is structured confectioners out of this country be- tip my hat to Senator HARKIN. I appre- today. cause people who are making candy ciate the strong voice that has been of- Today’s agricultural industry looks rely heavily on sugar as a principal in- fered by Senator LUGAR to try to focus far different than it did even a genera- gredient and sugar is so much more in- on ways to reign this in. The gentle- tion ago. We have huge agribusiness expensive just across the border in men had different approaches, but they processing plants that are dominating Canada or in Mexico that it does not were moving in the right direction. The the commodities, processing, meat make sense to manufacture these prod- House had limits of $450,000. We stepped packing. Eighty percent of the beef ucts in the United States. So Life- forward, my colleague, the gentleman cattle born in this country are slaugh- savers, that quintessential American from the State of Michigan (Mr. SMITH) tered and marketed by four giant meat icon, is now moving its production out in particular, it was a great pleasure to packing companies. There is a similar of the United States, in part because work with him, carried this measure to concentration in poultry, in hog farm- we are shooting ourselves in the foot the floor, and we were able to find sup- ing. with the environment, with the econ- port for the Senate cap of $275,000, but We are seeing increasingly with our omy. unfortunately the House in its wisdom agricultural programs, and the most And of course, there is no small irony was not able to persuade its own con- recent farm bill sadly brings it to a that this Congress in recent years has ferees to listen to it, and they fell back new level, that we are concentrating been patting itself on the back, the last on a system that is going to raise the those farm subsidies to large farms, two administrations have celebrated limits to $360,000 and have exemptions large corporate interests, shutting out that we are investing $8.5 billion as a that are going to render that largely smaller operations and changing the down payment to clean up the Ever- meaningless for very large producers, nature of how people choose to farm glades which are appropriately tar- defeating the intent of the House. based on government programs, not on geted for investment because they are We have, to be sure, some areas of what the marketplace requires. a precious natural resource, a national this bill that deal with conservation One example that struck me was a treasure. But we are paying to clean up that look on the surface positive. This story earlier this year in the New York what we are subsidizing people to pol- is something that was pushed on the Times celebrating how cotton was now lute at the same time we are paying floor of the House. There was a very king again in certain areas of Mis- the world market times two or three; strong vote that came very close to sissippi and Texas, that farmers did not and because of the sugar prices, we are passing that would have, when it was have to grow soybeans, that somehow driving candy manufacturers out of the here in its original form, have cut 15 cotton was more in keeping with their United States. It is hard to imagine a percent of the commodity payments traditions, and they liked it. But as textbook case that more vividly under- and shifted them into conservation. you read the text of the article, it was scores how our environmental, trade There was a successful measure that I not because somehow there was an up- and agricultural policies are bumping was pleased to cosponsor with the gen- surge of demand for cotton or that into each other, running amuck. tlewoman from North Carolina (Mrs. there has been a lack of interest in soy- Indeed, I think you do not have to CLAYTON) that took a couple percent of beans. It is just that for the time look very far to find examples where the commodities to deal with rural de- being, the rate of subsidization for cot- the farm bill is a pretty good barom- velopment, with conservation, with ton exceeded the rate of subsidization eter about how far out of whack things planning. The message got through a for soybeans, so we were growing cot- are. It is hard to get a good handle on little bit that conservation was at least ton now. Cotton was king, not because the actual costs, because the official in some small way going to have to be that is what the marketplace wanted estimates that we used for the arcane addressed. There is what appears on or demanded; it is because that is what sort of budget scoring were based on paper to be a 79 percent increase, al- the Federal Government’s subsidies some numbers from April 2001 that by though it is only $20 billion. But unlike made more lucrative. the time March of 2002 came around, the commodity payments, where you We have talked on the floor of this earlier this spring, it was quite clear open the spigot and the payments go Chamber, and I have worked since I that the assumptions were wrong. Be- out and the only condition is how have been in Congress with my col- cause of the overproduction that would many people participate and how low

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00136 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.128 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3435 the prices go and how much of a gap what they want, and there is going to have to stop the lunacy of subsidizing the taxpayer pays, that is automatic. be more that is going to be bled off to people to grow things that the market Conservation is authorized, but it re- the largest operations. does not want, disconnecting them quires each year an appropriation, and Well, sadly, that is very much the from a responsibility to the environ- as we continue to hemorrhage red ink, case with how these subsidies work. As ment, rewarding larger and larger scale as we have gone from, in a little over a a result of this farm bill, we are going operations, while we say we are sup- year, thanks to the blueprint that the to see half the benefits flow to only six porting small operations. President advanced and some of our States. The majority of them, the vast We need to make sure that our pay- Republican colleagues here embraced majority, are going to go to producers ments go to farmers across the coun- with massive tax cuts, the slowdown in of 13 commodities. Two-thirds of the try, not to grow particular things that the economy, the massive increase in subsidies will go to 3 percent of the we do not need, but to behave in ways the farm bill, increase in defense, you farmers, most with annual incomes that we as a society value; pay them to name it, we are spending a great deal over $250,000 a year. It is estimated protect water quality; pay them to be of money on seemingly everything ex- that the top 10 percent of these 2 mil- stewards of the land; pay them to re- cept what we promised in the last elec- lion family farms are going to get close spect this buffer between urban and tion, like prescription drug coverage to three-quarters of the total benefit. rural areas; pay them to preserve, not for senior citizens. We have gone in a It means in a State like mine, in Or- develop their land, or protecting scenic little over a year from the greatest egon, the pattern is exceedingly frus- easements. There are a wide range of projected surplus in our history to now trating. areas that the public desires that looking at borrowing about a trillion I have heard from agricultural inter- would not interfere with our trade poli- and a half dollars from Social Security, ests who would like some help. But in cies, that would actually save money driving up over a trillion dollars of ad- our State, like most of the agriculture for things like water quality and flood- ditional interest payment. in this country, it is not unique in my ing, and that would make sense in In the face of these escalating costs, State, we deal a lot with nuts and ber- terms of what we say our stated values increased red ink, and what are going ries, the specialty crops, the orchards. are. to be increased agricultural payments These people are off on their own. They Second, I think it is important that through the commodities, do we think do not get the support. Oregon gets a we work to reconnect people with their we are going to get fully funded the en- small fraction of the agricultural sub- food supply. There is an explosion vironmental requirements? I think not. sidy in terms of the national average, around the country of farmers’ mar- I think as a practical matter, these far less than the big producers of the kets. We have a half a dozen in my being backloaded, as they will, means commodities. Illustrating the perverse community. I am going to go to a that we are not going to see all of the nature of it, one-quarter of the entire neighborhood in Portland where they money that is in fact authorized. Federal subsidy for the last 6 years in are celebrating the opening of yet an- There are other rather perverse Oregon went to one small county that other farmers’ market. They are in twists in this story that end up looking just happened to grow wheat. Milwaukee, in Gresham, in Beaverton. bad for the environment. We have got We are, I am sad to say, Mr. Speaker, We are seeing farmers’ markets in the great Environmental Quality In- dealing with a situation today where Washington, D.C. There are half a centives Program which helped live- our agricultural policy is going to con- dozen of them here in our Nation’s Cap- stock producers clean up their waste. tinue to be concentrating benefits to a ital, and all around the country. This is an important program. For this few. We are going to continue to lose This is an opportunity for people to program and others like this that family farms. Small family-scale oper- connect with local production. It tends would have helped people with small ations are going to be forced out of to be a higher quality product. People scale operations, there were some business, on one side by increased ur- are connecting with the folks that ac- 200,000 unmet claims that averaged banization. Their neighbors are en- tually produce it. They cut out the about $9,000. There was a current limit croaching on them as sprawl moves middleman or woman so that they deal of $10,000 under these claims. into their backyard. We do not have direct. It is more profitable to them. It Well, as we started going through adequate protections. just makes good sense. There are ex- this process in Congress this year, we As the costs of compliance with the traordinarily thoughtful people that did not speak to putting more money environment continue to go up, small are thinking about ways to apply these into that program, keeping the funding operations are not going to get their principles more broadly. level even. The House argued in the bill fair share. We are going to be concen- that came through here that we would trating benefits to the largest pro- b 2115 raise those limits to $50,000. The Sen- ducers, which means that they can Alice Waters in Berkeley, California ate argued, well, just $30,000. Either produce even more, which is going to with the famous restaurant, Chez way, it was going to be a great increase drive down the prices for everybody. Panisse, has a vision of being able to in payments to larger operations. They are going to get a larger subsidy, have the children in that school dis- When it came time for the con- they are going to have the money to trict be able to be a part of knowing ference, the Washington Post had a buy out the smaller producers, and we where the food comes from and, in great line, I wish I could quote it ex- are going to continue this cycle, losing some cases, actually growing it and actly, but we had the $50,000 that the family farms, concentrating the bene- preparing it. They can be part of the House wanted, the Senate would cap it fits of the Federal taxpayer on fewer educational process, and make for at $30,000, and instead of splitting the and fewer farmers who are more and healthier, as well as smarter, kids. difference, they added it together and more disconnected from the market. There is burgeoning activities of com- raised the limit to $75,000, and then al- It is bad for the environment, it is munity gardens in urban agriculture; lowed large operators to get 6 years bad for people who care about the hu- the slow food movement, organic. payments in 1 year, raising it effec- mane treatment of animals, it is bad There are people who are taking a hard tively to $450,000, subsidizing the ex- for people who want to protect against look at meat production in this coun- treme largest operations, depleting the incursion of suburban sprawl, it is try. I have talked earlier about the scarce resources, making it less likely bad for people who care about having health benefits of having, whether it is that the people that are out there now, the rich diversity of farm product in the free-range chicken, or the grass-fed the smaller operations, remember, I terms of vegetables, in terms of nuts, cattle, or the hogs that are not in con- mentioned they average just $9,000 in berries, specialty crops, that could fined factory farm operations. It is payments, we had a couple hundred make such a difference in so many more humane, it is healthy, it has thousand of them that were not met parts of the country. properties that those who are qualified because there was not adequate fund- I would suggest, Mr. Speaker, that it to comment suggest that it is better in ing. But by raising the levels for the is appropriate for us to start envi- terms of flavor, texture; it is a better largest operations, we are going to sioning a new future for agriculture in value for consumers, and it is produced make it even less likely that they get this country. First and foremost, we in a more humane fashion.

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00137 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.130 pfrm01 PsN: H11PT1 H3436 CONGRESSIONAL RECORD — HOUSE June 11, 2002 Mr. Speaker, I think that we have Speaker, with hundreds of thousands of its. The administration states that pri- reached a point where I hope this agri- situations across this country every vate systems would be more cost-effec- culture bill was sort of the high water day, I do not want us to be rolling the tive; they would be more efficient. Re- mark for low water politics; where we dice with some sort of evolutionary ef- cent examples in Great Britain, Can- felt that if we throw enough money at fort and the conclusion that this is not ada, and New Zealand have proven just enough little interest groups, a little an inherent governmental function. I the opposite. The administration offers bit for dairy here, a little bit for apples think we have only to look at the very no reason for this order and can pro- over there, lentils, peanuts, if we give a rocky performance in Great Britain, in vide no justification for privatizing air tiny increase in the food support for Canada, problems in Australia. This is traffic control. Managing air traffic school lunch and for nutrition pro- not an area that we need to go at this control services is not a for-profit busi- grams, for food stamps, which actually point in time. ness and should not be run like one. were a very small increase, but an in- Mr. Speaker, I am hopeful that we The bottom line is safety; the bottom crease nonetheless, that somehow we are not going to engage in another bat- line is not profits. could sort of balance things out and tle here that is I think going to doom As a member of the Subcommittee on get that legislation passed. us to hopefully just get back to ground Aviation of the Committee on Trans- Well, I hope this is the last gasp of a zero; I guess that is an ill-advised term; portation and Infrastructure, I listened system that is bad for the environ- I did not mean it in that context, but to countless hours of testimony, along ment, bad for the economy, bad for the just get us back to where we are today with the gentleman from Oregon, de- health of the American public; that is at best. We cannot afford to waste that tailing the complete disregard for safe- clearly a bad signal for those who care time, that energy, and the expertise of ty and security with which private air- about international trade. We are only these dedicated men and women. port screening firms operate. After 4.7 percent of the world’s population. I see my colleague from Texas is much deliberation and over the House There is 95.3 percent out there that are here. I serve with him on the Com- Republican leadership’s objections, the potential markets, and we are sure mittee on Transportation. I know he vast majority of this Congress deter- sending a very negative signal to them. has deep concerns about the integrity mined that the screeners, given their I am hopeful, Mr. Speaker, that we will of our air transport system, and I importance to aviation and national no longer stand for shortchanging the would yield to him if he would wish to security, should be Federal employees. environment, sidestepping animal wel- comment. Now, the administration wants to fare issues, and turning fundamental Mr. SANDLIN. Mr. Speaker, I thank strip air traffic control functions from fairness on its head. the gentleman from Oregon. public employees and contract it out to It was interesting to watch. As this Mr. Speaker, safety is the issue and the lowest bidder. We should not pro- bill worked its way through Congress, it is the only issue, and as has been in- mote someone whose only criteria is we were able to see a chorus that was dicated by the gentleman from Oregon, the lowest bid. formed by newspapers. Virtually all of identifying the low bid is not. The ad- Our professional controllers require the editorial writers around the coun- ministration’s executive order stating years of complex and comprehensive try, the Times, the Post, the Wall that air traffic control is not an inher- training. Does the administration real- Street Journal, conservatives and lib- ently governmental function is totally ly expect private companies to make erals alike; we saw environmentalists misguided and it is another slap in the this substantial investment in human join with fiscal conservatives. The vast face at our hard-working, dedicated capital? Our air traffic control system majority of farmers in this country Federal employees, and it places in is the envy of the entire world. It han- dles more traffic and manages the most who were shortchanged, there is a con- jeopardy the safety of the American congested airspace in the entire world. sensus emerging, there is a coalition traveling public. The President’s senior The men and women who operate this that is possible. And if, and if, this un- staff has stated the administration has system are among the finest employees fortunate bill serves to unite these been considering privatizing the oper- the government has. The country is forces for better agricultural and envi- ation of the Nation’s air traffic control facing a crisis in air traffic control. ronmental policy, perhaps in some system. That would be a huge, costly, Thousands of controllers will be retir- way, it will be worth it. and dangerous mistake. If ensuring the ing soon, and Congress needs to adopt Mr. Speaker, I will conclude my re- safety of our Nation’s skies is not in- policies that will keep these talented, marks this evening. But first, I wanted herently governmental, then I would hard-working people as controllers for to just add a brief comment about what like to know what is. as long as possible. We should not be we have seen with the administration Currently, public employees make adopting policies driving these dedi- dealing with the declaration that air sure our streets are safe, they make cated people from service. traffic control is no longer going to be sure our coastline is secure, our bor- On its very face, this action by the an inherently governmental act. A ders are protected, so why does the ad- administration flies in the face of rea- number of my colleagues earlier in the ministration believe that public em- son. The President’s action has no jus- evening took to the floor to express ployees should not ensure the safety of tification, except to serve business at deep reservations about that, and I our skies? the expense of the traveling public. We must join them. I find great irony at a As has been indicated by the gen- need to focus on the safety of American time when finally Congress and the ad- tleman from Oregon, the events of Sep- travelers, not on profits to the lowest ministration have given the American tember 11 proved how important it was bidder. public what they wanted in terms of to have experienced staff in our control Ask yourselves this: Just how impor- federalization and professionalization towers. They brought down 5,000 planes tant are the lives of your family? Do of baggage inspection, but the adminis- in less than 2 hours without any prob- you really want to trust them to the tration would somehow conclude that lem. Our Nation’s controllers were able lowest bidder? the sensitive, critical function of air to do this because they are highly Mr. Speaker, I thank the gentleman traffic control is no longer essential, trained professionals whose only mis- for yielding. and we can just sort of farm that out to sion is safety. Mr. BLUMENAUER. Mr. Speaker, I the lowest bidder and throw that into We do not need to turn this job over appreciate the gentleman’s insightful chaos. and the safety of our friends over to comments. If I may just direct a ques- We saw what those dedicated men the lowest bidder. It seems that the ad- tion to the gentleman. The gentleman and women did on September 11, land- ministration is intent on contracting serves on the subcommittee which has ing 5,000 planes in 100 minutes, maybe out critical government responsibil- been dealing with some of the most a little more, without incident, ities to the lowest bidder. That is not a critical areas of air safety in our coun- smoothly, under great stress. We have savings. In our current environment, try. I know it has been accelerated seen this in my community where peo- we face countless unknown threats. We here in the last 9 months. I am curious ple have undertaken problems with need people in our government whose if the gentleman has had any evidence malfunctioning equipment, be able to first mission, whose only mission, is se- that has been presented to the sub- rise to the occasion. Frankly, Mr. curity and safety, not corporate prof- committee, or if the administration

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00138 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.132 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3437 heretofore had brought forth any indi- what had not happened with air traffic But since that time, medicine has cation that there were problems with control and safety, was stunning. changed tremendously. It has moved our air traffic system that merited this Mr. SANDLIN. Mr. Speaker, if the from a system that primarily was fo- drastic action and the conclusion that gentleman will yield, there is no one in cused on acute care. In other words, if air traffic control was not an inher- the United States Congress who has you had a problem, if you had a disease ently governmental function. done more for rail or to focus the at- diagnosed, if you needed surgery, you Mr. SANDLIN. Mr. Speaker, the ad- tention of Congress and the adminis- went to the hospital, to the physician, ministration, as the gentleman from tration on rail than my good friend and that was cared for. It was acute Oregon who also serves on the com- from Oregon, and I know it fits in well care. mittee knows, has brought forth abso- with his livable communities agenda Medicine has transitioned tremen- lutely no testimony, no evidence of any and trying to save energy and having a dously since we first established Medi- sort showing that there is a need to complete travel and infrastructure sys- care. Medicare needs to be enhanced move this from a governmental func- tem of rail and air and water and oth- and improved and strengthened to tion into a private function. In fact, if erwise. meet those changes. the gentleman wants to follow the rea- Now, the Republican Party has al- soning presented to the committee, it b 2130 ready, over the last few years, cer- is exactly the opposite. If we want to I think it is important, as the gen- tainly begun that change as we have say that the private companies were tleman mentioned, that as we are try- increased some of the efforts toward di- not doing a good job of screening the ing to protect one sort of transpor- agnosis of early disease and screening baggage and we agreed to move that tation, as we are trying to say, let us of disease, and also on prevention, par- into a governmental function with gov- invest in rail, let us do something to ticularly in areas like diabetes, which ernment employees because of the dan- make it safer, let us use rail as a viable certainly represents a tremendous ger presented to the traveling public, alternative, that at the same time we problem in this Nation. Hopefully, why then should we move the opposite are backing away from aviation; and through our increased funding of not way and say our extremely efficient, we are saying, we have a system that only Medicare but NIH, we will find well-trained and hard-working govern- works, we have a system with profes- cures for these diseases. ment employees that keep our skies sional folks, we have a system that But we have already begun to move safe, that are the envy of the entire brought down 5,000 planes in 2 hours Medicare into an enhanced, improved world? Why should we move that from with no problems, we have the envy of program and strengthened it. Now, to- a position of government trust where the world; but we want to change that. night, we would like to talk about pre- we are protecting the public into the We want to strip these professionals, scription drugs. I think it is probably lowest bidder, the person that comes in these Federal employees that have the most critical issue facing the that says, I can do it the cheapest only safety, that is their only criteria, United States and the health care, cer- would be the person that would get the we want to strip them of that responsi- tainly, of our seniors, so it is certainly job. I think the American public de- bility, and we want to put it out on the an honor for me to be able to be part of serves more than that, and I think the market to a private company who says, the Speaker’s task force addressing administration needs to bring testi- How can I cut costs? How can I pay as this issue. Let me just review it brief- mony or evidence to show why the little as possible to these employees? ly. cheapest instead of the best should get How can I make sure they do not have First off, this program focuses and the bid. benefits? What can I do to get this so will provide coverage for all seniors. Mr. BLUMENAUER. Mr. Speaker, I low and so stripped down and so poorly Every senior who is eligible for Medi- care will be eligible for this program, appreciate the gentleman’s analysis. I administered that I will get that con- and this program will cover them. It was struck; I was here earlier in the tract? Because they look at it as profit, has been estimated about 95 percent of evening when the gentleman gave elo- and our government employees that those seniors will take advantage of quent testimony to the need to support have worked so hard and trained so our rail investment. The gentleman this. hard look at it as an obligation to safe- The other thing, it would provide im- talked about what a difference it made ty for the traveling public, to safety as mediate help, help right now: a 30 per- in east Texas, how people had moved part of our national security. Cer- cent estimated reduction of drug costs, forward, how Texas has had ridership tainly, since September 11, we need to prescription drug costs, immediately. increase on the order of 9 percent look at rail and air and help them, not This is an up-front discount that will where the State had been investing, do something to back away from our take effect immediately on the bill where the private sector had been obligation. passing not only the House but the there. The gentleman was talking Mr. BLUMENAUER. Mr. Speaker, I Senate and being sent to the Presi- about the legislation that we have appreciate the gentleman’s leadership dent’s desk, where he certainly is very worked on in our Subcommittee on and eloquence in summarizing that. I much in favor of this. Railroads of the Committee on Trans- do not say it any better. It is voluntary, and it provides at portation and Infrastructure, under bi- f least two choices guaranteed to every partisan leadership of the gentleman senior. It cannot be taken away. It is from Tennessee (Mr. CLEMENT), the THE REPUBLICAN PRESCRIPTION DRUG PLAN not like a program that some others ranking minority member; the chair- are offering on the Democratic side man, the gentleman from Buffalo, New The SPEAKER pro tempore (Mr. that would be sundowned or sunsetted. York (Mr. QUINN), the Republican KELLER). Under the Speaker’s an- This program will not be able to be chair, that has been virtually unani- nounced policy of January 3, 2001, the taken away. It has the same provisions mous on the part of our committee to gentleman from Kentucky (Mr. and the same assurance guaranteed by move forward to keep on track. I was FLETCHER) is recognized for 60 minutes the U.S. Government as Medicare and struck with what the gentleman was as the designee of the majority leader. as Social Security. talking about in terms of supporting Mr. FLETCHER. Mr. Speaker, it is One thing, it also has provisions to that and the need to move forward truly a privilege to be here this ensure our seniors do not have to with our bipartisan consensus to pro- evening representing the leadership, choose between food and prescription tect Amtrak, with the absolute failure the Republican leadership, on a very, drugs. Certainly, I have seen that to work with the committee structure, very critical issue. occur, and I will talk about that a lit- to look at the evidence and come for- Let me go back in time just briefly tle later. For those on fixed incomes, it ward with a program that made sense and look at when Medicare was first certainly is critical that we provide for the American public. I thought that developed. We know that has been one this help to those. the contrast between the gentleman’s of the most successful programs for our It also protects people from the two comments, one, the importance of seniors, for their retirement security, bankruptcy of runaway drug costs. We preserving what the committee could for their health. Certainly it has been have a lot of wonderful new medica- do on behalf of rail, contrasted with extremely successful. tions that help tremendously, but the

VerDate 11-MAY-2000 04:17 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00139 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.133 pfrm01 PsN: H11PT1 H3438 CONGRESSIONAL RECORD — HOUSE June 11, 2002 costs of those are accelerating. We So time is ticking, the cost is ticking I think we have to make sure that we need to protect our seniors from the for Congress, for us to get something look at special parts of our population. possibility of runaway drug costs that done now. I am a woman serving in Congress. will end up causing them to have sub- The gentleman mentioned the House Women live longer than men, and they stantial financial problems, and even Prescription Drug Action Team. I am are accounting for 72 percent of the bankruptcy. very privileged to be serving on that. I population 85 and older; but unfortu- It also improves access and avail- think it is important for us to raise the nately, women are more likely to have ability to hospitals, to physicians, level of our voices to talk about a most lower incomes in their retirement age. nursing homes. With some of the provi- important issue to our constituencies There are twice as many women as sions, it works to improve the reim- and to Americans. This Prescription men aged 65 or older with annual in- bursement particularly for rural hos- Drug Action Team, I think, has worked comes of less than $10,000. This will pitals. It helps in general, again, with hard with the committees and the com- help the seniors. This will help women our health care of our seniors. I think mittee Chairs in a bipartisan coalition who are seniors. I think that is signifi- it is one of the most pressing issues. to try to work together with the other cant. I am pleased also to be accompanied side of the aisle to develop something Many women, unfortunately, when here this evening by the gentlewoman that we can get to the President’s they retire, they look at the retire- from West Virginia (Mrs. CAPITO), who desk. ment benefits, or if they have not been has taken a leadership role in helping The men and women of West Virginia in the workforce, they have a problem. chair this task force. sent me here to lower the drug costs They have been home raising their I yield to the gentlewoman from for seniors. I am particularly inter- families, contributing to society in a West Virginia (Mrs. CAPITO). ested in seeing this done now and in an lot of ways, but have not picked up Mrs. CAPITO. Mr. Speaker, I thank affirmative way. that paycheck. What are we doing for my colleague for inviting me to join For instance, when we kicked off the these women? This plan will come and him on this evening to talk about a Prescription Drug Action Team, a con- help save these women from having to very critical issue. I think he has ad- stituent of mine was here speaking make the tough choices. dressed a lot of the basic things con- with us, Betty White from Martins- I am here to stand by to let my fel- cerning a prescription drug plan for burg, West Virginia. Betty has a low West Virginians, my colleagues, seniors. monthly prescription drug cost of $340, know that I will fight for relief. Low- I represent the State of West Vir- which, in my math that I worked out ering the cost of prescription drugs ginia, which happens to have, or to be in my office, gets her to $4,080 a year, cannot be a political issue. It is not a the oldest State in the Union. We have astounding costs for Betty. She cannot Republican issue; it is not a Demo- a higher percentage of older senior citi- afford to keep paying this and also cratic issue. It is a human issue that zens. I see this every day when I travel make the other arrangements in her cuts across all lines across America. throughout the district, when I talk to life to pay for her food and shelter and As I have said before, the time is my constituents, and when I talk to her necessities in her life, and still pay ripe. The time is now. We need to cap- other seniors that do not happen to $4,000 a year for her prescription medi- italize on this momentum and make live in my district but might see me at cations. sure that we join together in a bipar- an airport or see me somewhere else, I think we are on the right track tisan way and formulate a prescription and they are always telling me that looking at the principles that the gen- drug plan for our seniors now. The time the cost of prescription drugs is some- tleman is going to be talking about is now. thing that needs to be addressed, and here in a few minutes, I think, the Mr. FLETCHER. Mr. Speaker, I cer- most importantly, needs to be ad- principles behind the drug plan. But I tainly want to thank the gentlewoman. dressed now. think it is important for those in West Again, let me just thank her for her I think we have done a lot of talking Virginia that are listening to me to- hard work, her dedication, and cer- about this issue. I have certainly night to realize that all 288,000 seniors tainly her loyalty and care about those talked about it a lot in my town meet- in West Virginia will benefit from this senior citizens in West Virginia. As the ings, in my meetings with folks that plan. That is significant. gentlewoman has mentioned, that is a represent the chain drug stores, the I think the plan, the plan we are large part of her population. I know pharmacists, the hospitals, all sorts of working on, and it is evolving, has she has worked very hard up here, and variety of folks throughout the district more help for the lower-income folks. certainly I just want to thank the gen- who are expressing concerns about how In my State of West Virginia, again, tlewoman for coming this evening and we are going to address this problem. 79,000 West Virginians, or 28 percent of sharing this time with us. I thank the But talk is, as they say, talk is cheap, our State’s seniors, live at or below 100 gentlewoman for her work for those and action is what we really need. It is percent of the poverty level. These ex- seniors back home. I know they will what our seniors deserve. tremely limited incomes make it im- appreciate it. I think the ability to afford medica- possible to afford astronomical costs of I just hope as we go through these tions in one’s golden years is really a pharmaceutical medication, so a plan next few weeks, and I believe we will be form of retirement security. We talk a that really helps those folks that are able to get this bill passed out of the lot about Social Security and the sanc- having to make the day-to-day strug- House, I hope that it will continue to tity of that promise made in Social Se- gle for their health, for their well- have work done so that eventually it curity and how very important it is. being, is a plan that I think we need to gets on the President’s desk and so But I think also it is important for our get in front of Congress immediately. those seniors back in West Virginia seniors to have as part of their retire- Another aspect of a good, solid plan I will see the kind of benefits that the ment security the satisfaction and ne- think is catastrophic coverage. A lot of gentlewoman has talked about. I thank cessity of being able to afford prescrip- the drug therapies, and my colleague, the gentlewoman very much for joining tion medications. the gentleman from Kentucky, alluded us. I share everyone’s concern, and the to this, the drug therapies are very, I next yield to the gentleman from gentleman’s as well, over the rising very expensive, and get beyond Betty New York (Mr. GRUCCI), who has cost of prescription drugs. It must be White’s $4,000 and go on into the $8,000 worked very hard also on this prescrip- and should be an essential part of any or $9,000 a year range, astronomical tion drug plan. We appreciate him health care plan; but unfortunately, as costs. I think we need a plan that is being here and sharing this time with the gentleman mentioned, Medicare is going to help our seniors cap off that us tonight. not one such plan that covers prescrip- cost at a certain point where Medicare Mr. GRUCCI. I thank the gentleman tion drugs. will pick up the remaining costs of for yielding to me, Mr. Speaker. I just Americans over 65, those covered by those runaway prescriptions, of exorbi- want to comment and commend him on Medicare, are the least likely to have tant rates. It is a plan that I know we his great work and vision in the field of help with the cost of their medications, are going to be able to put together health care for all of America, but spe- and are the ones in most need of help. here in the next several weeks. cifically for our senior citizens.

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00140 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.135 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3439 Mr. Speaker, I rise tonight on behalf seniors, and this program ensures that gentleman mentioned he had been in a of the men and women in my district they will have that kind of a quality of town hall meeting or meetings and this on Long Island who have told me in life. It is time for the rhetoric and the is probably the number one issue I hear town hall meetings, public events, and petty partisan difference to end. It is about when we talk about health care, in the calls and letters to my office time to act on behalf of our senior citi- particularly with our seniors. I know how much they need a voluntary Medi- zens. that the gentleman, having owned and care-administered national prescrip- We need to put the qualities of our operated a small business, providing tion drug plan. senior citizens’ health care first and health care, and as we worked on the Over the past few weeks, I have spo- the way that we do that is by estab- Patients’ Bill of Rights, I remember a ken to hundreds and hundreds of senior lishing an affordable drug benefit pro- lot of times we spent together and the citizens in town hall meetings all gram as part of Medicare. That is very gentleman talking about making sure across Suffolk County outlining how simple. It is what should have been we could continue to provide the kind this proposed Medicare-administered done a long time ago. And I am glad to of health care we need. And it is good national prescription drug plan will ac- see that my colleagues in the House of to see the gentleman now taking a tually help them. Representatives and certainly those leadership role on this prescription that have joined with me on the Speak- drug plan. b 2145 er’s task force have seen the need to do Mr. GRUCCI. Mr. Speaker, I thank And they told me in no uncertain that, rose to the occasion, and have the gentleman for those kind words. I terms that they need this drug plan. worked from inside the budget and are can tell the gentleman that the people They need it now. They need it right going to create benefit for our senior in my district consider this to be away. They do not need it tomorrow. citizens, the likes of which they have amongst the top tier issues in the They do not need it the day after or never had before. country. Certainly the war on ter- the year after that. They need it now I am proud to have been chosen as a rorism and making our homeland safe because their pain and suffering is real member of that prescription drug ac- is something that is on everyone’s and their economic conditions are real. tion team and I am proud to have been mind, but short of that, health care But they also told me they do not want a voice for our hospitals in the forma- and our senior citizens and prescription to sacrifice their hospitals or their doc- tion of this plan, saying that any final drugs is something that our senior citi- tors. They do not want to cut reim- plan could not have imposed cuts to zens have been clamoring for, been ask- bursement rates. They do not want to our hospitals and to reimbursements to ing for, been begging for, for a number jeopardize the quality of their health our doctors, home care providers. of years. And I am glad to see that we care beyond that of prescription drugs. I am proud to have been a voice for have now risen to the occasion and are And on Long Island, seniors needs re- Suffolk County, for Suffolk County going to be able to provide them the lief. They need relief from the high seniors, fighting to make this plan ad- much-needed help. cost of prescription drugs and they do dress our HMO reimbursement prob- An average senior in my district is need it now. No senior should ever have lems, a problem that has seen so many no different than across the Nation. to choose between purchasing food or of our health care providers flee our They spend about $2,150 a year on their purchasing the much-needed medicines county and move, not across the coun- prescription drug benefits. When I to make the quality of their life a bet- try, but across county lines, and in asked them that question, the majority ter place, to be able to give them the some instances into the city where the of the room raised their hand in that kind of life that they have earned all reimbursement levels are greater. And area. Some had more than $4,000 of pre- through their working years. as a result, our senior citizens lack the scription drug benefits. This program The plan will save Americans hun- kind of attention they need to take will go to help pay for those above that dreds and hundreds of dollars on their care of their health and their quality of cost. They told me this is the plan that prescription drugs, and especially help life and that is just wrong. they were hoping for to arrive in their those living on a fixed income, while This plan is vitally important to the lifetime and we are now able to deliver also preventing cuts to our hospitals, health and quality of life for our par- to them. And the gentleman has been to our doctors and to our home care ents, our Nation and our senior citi- doing an outstanding job on that. I am providers, all of which are very impor- zens. That is why I lobby to target a sure your district is no different than tant in the quality of life for our sen- prescription drug benefit for seniors as mine. iors as they move forward into their the GOP freshman class priority of Mr. FLETCHER. Mr. Speaker, the golden years. 2002. The time is now. It is time for our gentleman is absolutely right. In cen- This legislation will lower the cost of senior citizens from Long Island and tral Kentucky, probably throughout prescription drugs now and guarantee across this great Nation to have access the State, when I talk to seniors at all senior citizens prescription drug to an affordable prescription drug ben- town hall meetings, and I was recently coverage. I would like to thank the efit program through Medicare. I ask at a senior citizens center where there Speaker, the gentleman from Illinois my colleagues to join me in working to was probably 200-plus senior citizens (Mr. HASTERT), for inviting me to serve secure a fair and equitable plan to there, and it was just the major issue on this prescription drug action team, strengthen Medicare by providing a on their mind. Virtually all of them to create this Medicare-administered prescription drug benefit without hurt- seemed to be on some sort of prescrip- drug benefit program covering all sen- ing our doctors, without hurting our tion drug. I remember one lady that ior citizens. I now have the oppor- hospitals, and without hurting our got up and she gave me her income and tunity to focus my efforts on ensuring health care providers. she said, How much will I have to pay? that the program strengthens Medi- I yield back to the gentleman from I was glad to tell her, and I will be care, while guaranteeing prescription Kentucky (Mr. FLETCHER), and I com- looking just briefly at these charts, drugs and preserving the integrity of ment once again on his vision and his that lady who is on a fixed income, and the health care system and all at the help, not only in this instance but in I think the gentlewoman from West time of making it affordable for our his leadership when it came to creating Virginia (Mrs. CAPITO) talked about senior citizens and making sure they a Patients’ Bill of Rights, a program this, this affects particularly women have the ability to buy the drugs they that I helped to work on with him, and that have worked all of their life very need to protect themselves and to en- I was impressed with his credentials at hard, many in the home, and they are sure their quality of life. that time as I am tonight. He has done on a fixed Social Security income and Far too many seniors are faced with a great job for this Nation and a great now they have these high drug costs. I the skyrocketing costs of medicines job for the people of America. I yield was glad to tell her that actually this they need for a healthy quality of life, back to the gentleman. plan will pay for all of her medication and that is just wrong in a country as Mr. FLETCHER. Mr. Speaker, I costs, that it would help her tremen- mighty, as powerful and as affluent as thank the gentleman from New York dously, or virtually all of the costs this country is. We can do better for (Mr. GRUCCI). The gentleman could would be covered. And that is some- our seniors. We will do better for our probably tell us a few situations. The thing that I think as I get out around

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00141 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.137 pfrm01 PsN: H11PT1 H3440 CONGRESSIONAL RECORD — HOUSE June 11, 2002 the district and tell people, they really that are very interested in this, but we and the blood pressure is not controlled understand how good this plan is and all have parents, and there is a lot of and I scratch my head. I increase the how comprehensive it is, covering all younger folks out there that are strug- medication. She goes home, comes seniors. And certainly we get a tremen- gling to make it and they are helping back, and the blood pressure still is not dous amount of support out there. their parents right now because their controlled. Finally when you sit down Mr. GRUCCI. Mr. Speaker, if the gen- parents are on a fixed income. They are and she begins to pour out her heart, tleman would yield, I would say the having to contribute to that cost. So she says, Look, I cannot afford this same is true in my district. The thing this is something that I agree imme- medication and when the samples you that we use together between the pre- diate relief is certainly needed. And as gave me ran out, I could not afford to scription drug benefit is the uncer- the gentleman just said, there are a get them. tainty our seniors have over the rhet- number of people out there struggling I have seen folks that say, I take it oric that is coming out about their So- to make ends meet. They are having to every other day, or I could only take cial Security and are they going to lose decide whether there is food on the half of the dose you gave me. These are it, are their benefits going to be taken table and whether they will take the problems where people are not only away from them, are we going to pay prescription drug. have having to decide between food and for a prescription drug benefit and the Mr. Speaker, again, I thank the gen- medicine but it has a critical impact health care of our Nation on the backs tleman for his work and for coming and on their health and long-term security. of our seniors through their Social Se- sharing the time tonight. If we are not controlling things like curity? When I tell them there is no Mr. GRUCCI. Mr. Speaker, I appre- hypertension or diabetes or high lipids plan, neither a Democrat nor Repub- ciate that. I will close by saying that or cholesterol, then we are not doing lican plan to do away with Social Secu- the person I run this by is Mama all we can for the health of our seniors. rity or to privatize Social Security, a Grucci, and when she tells me this is a And that will lead to diseases and prob- word that seems to have been cropping good plan, I believe it is a good plan. I lems that they would not have other- up in the vernacular these days in an thank the gentleman and I appreciate wise had if we do not provide the care attempt to scare our senior citizens his time. that we are talking about here this into believing that there is some evil Mr. FLETCHER. I thank the gen- evening. plan afoot here in Congress to do away tleman for that high note of credibility b 2200 he just added to this plan. with their Social Security or to pri- Let me review again some of the Mr. Speaker, as I looked, the gen- vatize it and put it in jeopardy, when principles of this plan because I think tleman from New York (Mr. GRUCCI) they understand that is not the case they are critically important. and that is not going to happen and also mentioned that some people are First of all, it strengthens Medicare they realize that this prescription drug trying to scare seniors and talk about with a prescription drug plan coverage. benefit is actually new monies and not Social Security and spending Social It lowers the cost of prescription drugs coming on the backs of their Social Se- Security money, taking Social Secu- now, and I want my colleagues to see curity, they really understand the ben- rity away or privatizing, all of those that word ‘‘now,’’ Mr. Speaker, because efit that this program is going to have terms that they use to try and scare I think it is critically important. Peo- for them. our senior citizens. Let me say that is ple, I hear, need immediate relief and When I told my senior citizens, and I unconscionable because they do know that means they need it now. probably did three to four of these that there is no plan afoot, no intent to This immediate relief is allowing us town hall meetings, each with as many that, and that we are actually trying to reduce those costs. It is estimated at as 200 senior citizens in them as well, to do and are working, and I think suc- 30 percent. In the last year or so there they understood that they were going cessfully, and certainly have come up have been Democrat plans that have to see savings. When I said to them, with a plan that we will unveil shortly been rolled out, and they are estimated they will see six, eight, 900 and $1,000 to help shore up retirement security, only to reduce it about 10 percent. If back, you can hear the sigh of relief be- improve it, enhance it. my colleagues can remember, during cause to some Americans that may not As a matter of fact, this year as I the last Presidential election a plan be a lot of money, but to these folks, it served on the Committee on the Budg- was rolled out. The Democratic can- makes the difference. et, we specifically set aside $350 billion didate, the estimate reduction was People hear us talk about the choice over the next 10 years for the very pur- only 10 percent. We are providing three between buying food and putting heat pose that we are here talking about to- times the price reduction, and we are in their house and buying the medi- night and that is to provide a prescrip- doing it immediately under this plan, cine. Well, the seniors that I talked to tion drug plan and to strengthen Medi- as soon as this plan will be signed into are the people that are making those care. law; and we get out the competition choices. I want to eliminate that Now we set aside for that very pur- that would bring down the cost of those choice. They should not have to make pose. And let me say at that time the medications, the up-front cost as sen- that choice. They should be able to Democrats had no plan. They set aside iors walk into their pharmacy by up to have their Social Security benefits as no money for Medicare. They set aside 30 percent. well as their retirement. They should nothing to plan for the future of pre- It guarantees all seniors prescription be able to have a prescription drug as scription drugs. And I know that many drug coverage under Medicare. This is part of a program that the Federal of them desire just like we do that we a plan that cannot be taken away from. Government has said is right for them have a prescription drug plan. And we Our Congressional Budget Office has and is going to help them with. I could just need to set the record straight estimated that 95 percent of the seniors not be happier that this is coming that when we rolled out a budget here will take advantage of this; and let me about. I hope we can get this to the on the House floor, there was no alter- say, if, and this is a question I got at floor very quickly so that the Senate native budget that provided the kind of some of my town hall meetings, Mr. will be able to act on it and we can get money that we did or provided any pro- Speaker, and that is, if a senior citizen it to the President for his signature. vision for prescription drugs. We pro- now has a prescription drug plan, this Mr. FLETCHER. Mr. Speaker, cer- vided $350 billion over the next 10 years will not take away their ability to tainly I appreciate the gentleman’s to address this critical health care keep and maintain that prescription words and help again. As we begin to issue in America. drug plan. It will allow them to main- look at this problem, I am thinking of Let me share, I have practiced medi- tain a plan that they like. a lady who said that she was living on, cine before I came to join this honor- So it does not restrict their freedom. it was around 7 to $800 a month, if you able body. I was a family practitioner. It provides choices. It improves Medi- look at what it takes to provide, put I can remember situations like the one care with more choices and more sav- food on the table, clothing, heating, a I will relay. A lady that came in who ings. We have already talked about a 30 home, she was getting some assistance had high blood pressure, hypertension. percent saving immediately. With a from family members, and we see that I prescribe the medication for her. She small premium, there will be substan- all across. It is not only the seniors goes home. She comes back, I check tial savings.

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00142 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.139 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3441 It also protects from any cata- pharmaceutical contract for the elder- event for me and my citizens, my con- strophic drug costs that would result in ly, and what this ConnPACE program stituents who died on that terrible bankruptcy because of runaway drug does is provides prescription drug cov- fateful day. We can look at national se- costs. erage to those senior citizens and those curity issues and they are extremely It provides choices. We guarantee disabled citizens who are low income, important. There is no question about that a senior has at least two choices. and so it is income based. It is not it. We can look at intelligence and na- This is unlike the Democrat plan that asset based. It is income based. tional security issues, and they are ex- said we are going to give people one During the 8 or 10 years that I served tremely important. choice, one formulary that is going to as a State representative in the State In the polling in the months after be listed. That means that people have of Connecticut and I traveled around September 11, there was great public got a bureaucrat or bureaucrats con- during election time, knocking on interest in that issue, although that trolling what is in the medicine cabi- doors, with increasing urgency senior polling has now gone down, but think net of the seniors across America. citizens expressed their concern for ad- for a moment about a senior citizen on Let me tell my colleagues, I worked ditional help for prescription drugs. As prescription drugs with limited re- with companies, insurance companies, I said, Connecticut had a program, but sources. They may not be frightened on that only had a single formulary, and because it was income based, an indi- a daily basis about a terrorist attack, sometimes it is nightmare to get the vidual who was slightly over the in- they may not feel that they are in particular medicine that the patient come limit became ineligible and, jeopardy because of international ter- needs, and so we wanted to make sure, therefore, could not take advantage of rorists, but they are in jeopardy be- as one of our basic principles, that we this program. cause of their prescription drugs. provided multiple choice. We guaran- What I felt over those 8 or 10 years Every day they have to face concern teed at least two choices, and hopefully was that the Federal Government and anxiety and insecurity because there will be more than that, but more should play a larger role, and when I they have to make a choice between choices, more savings. was I elected last year and came to drugs and food. They are not sure that We strengthen Medicare in the fu- Washington, my colleagues may recall they have the resources available to ture. One of the problems we are seeing that the President offered what he buy that prescription drug in the com- across this country and certainly in called his Immediate Helping Hand ing months. So we have to put our- Kentucky is that a new Medicare pa- Program, and as I understood it, it was selves in their shoes, and we have to be tient has a difficult time of getting an a program where the Federal Govern- considerate of their concerns. appointment with a physician. We also ment would make a grant to the States We have to move forward with this see struggling rural hospitals and nurs- to a certain amount to assist them in program. We have to get it done and we ing homes and home health agencies the programs that they had. I took have to get it done now, and I am so because of reimbursals that are about that idea to heart. happy to be part of the Speaker’s task to be cut or have been cut and the I introduced some legislation here on force that addresses this issue. This is tightening or disparity in payments for the Hill that reflected that concept, a critical issue for senior citizens, for rural hospitals. That makes it very dif- where the Federal Government would disabled and for those on Medicare, and ficult for these essential rural hos- help those States, but when I went it is time for us to provide this cov- pitals to continue to operate, and be- back to my district and when I talked erage for them. lieve me, I think all health care is to the senior citizens at the senior citi- So I thank the gentleman very much local. zens centers and at gathering places for his leadership, I thank him for his When we look at how important it is across the district, what I discovered expertise, and I think the time is going to have immediate care, when someone was they really wanted to go beyond to come sooner rather than later when has something like a heart attack or a that. They did not want to have an in- many citizens across this great coun- stroke, it is critically important to come-based program. They did not try of ours, so I am going to thank the have that care right in the community, want to have a program that limited gentleman and all those working with maintain those rural hospitals. Part of the benefit only to those seniors in him, to bring this critical program to this plan will certainly help do that greatest need. They wanted a broader- fruition, to bring it to our senior citi- and improve the reimbursal for those based program, and this is where the zens. rural hospitals. So I think that is criti- gentleman’s proposal and the proposal Mr. FLETCHER. Mr. Speaker, I cally important. that I understand will be coming out of thank the gentleman from Connecticut Not only that, but it prevents this the Committee on Ways and Means (Mr. SIMMONS) for joining me tonight. I rather ridiculous plan of the way we hopefully in the near future really fills thank him for his work on the task were going to pay physicians and the the bill. force, and I know as he mentioned cer- reduction that would cause many of It includes all seniors. It provides tainly his sincere desire to help the them to quit taking Medicare, and that coverage for all seniors, and it allows folks in Connecticut, particularly in is why I think it is critically important them to have some choice, and I think, his district, I am sure they feel as I do, that we pass this, to improve the acces- most importantly, for those States certainly appreciate the tremendous sibility and availability of health care that do not have a state-based pro- amount of work he has done on this, to our seniors. gram, it gives seniors immediate ac- and I think he is focused. I see now I am joined by the gen- cess. His background, as he has already tleman from Connecticut (Mr. SIM- What I hear time and time again is mentioned, is one of serving the coun- MONS). I am very glad to have him here that senior citizens want this coverage try and yet going well beyond that of and his work on prescription drugs. So now. They have heard the talk. The focusing, not only as he mentioned on let me yield to him. talk has been going on for a long time, the national security, but now on the Mr. SIMMONS. Mr. Speaker, I thank and they feel that it is no longer a time retirement security and security of our the gentleman for yielding to me, and to talk the talk. It is time to walk the seniors’ health. So I thank him for his in particular, I thank the gentleman walk. So they want to do it now, and work, and I know if he is like myself for sharing his expertise on this sub- they want to do it this year. and some of the other folks that have ject, not only with Members of this It is interesting when we think about joined us this evening, it is just an body, but with all Americans who are it. I know the gentleman has a sub- issue that they hear regularly around concerned about this particular issue. stantial background and experience in the district. I represent a small State, Con- medicine, and I respect and appreciate Mr. SIMMONS. Mr. Speaker, if the necticut, which has been fortunate in that; and I understand how his exper- gentleman would yield for just a mo- many ways because over the last 17 or tise is really bringing this legislation ment, he captured the concept so beau- 18 years, the State of Connecticut has to the fore. tifully. We are concerned about retire- benefited from a state-based prescrip- My background is more in the area of ment security. We are concerned about tion drug plan, what we call military issues; and so when September health security. We are concerned ConnPACE, which is the Connecticut 11 came along, it was a traumatic about national security, and these are

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.141 pfrm01 PsN: H11PT1 H3442 CONGRESSIONAL RECORD — HOUSE June 11, 2002 all interlocked in a way, and we have a It also provides a subsidy that is It also, again through better negoti- responsibility to address them all. phased out between 150 and 175 percent. ating power, gives them an immediate When I look back on what I was try- This is a coverage in Medicare, and it 30 percent estimated in their cost. We ing to do, which was to frame a legisla- is important to understand that. It is have a great disparity in this country tive program that would provide block also important to understand that peo- in the fact that most people who are grants to those States that had pro- ple have a choice. working can walk into a pharmacy and grams and encourage other States to There are several plans to choose they can get prescription drugs at a develop programs, what I realized was from, so that they can get the medica- markedly reduced cost because they and what seniors told me was we are tion that they need. It is not just a sin- have an insurance plan that negotiates leaving a lot of people out. We are leav- gle formulary that may restrict some- the cost of those drugs and gets a re- ing people out in those States that do one or make it very, very difficult for duced cost, but our seniors do not have not have a program, and it is going to them to get the particular medicine that. They pay a substantially higher take them awhile to implement. We that they can tolerate and that treats price when they walk in to buy their are leaving those people out whose in- their particular condition the best. prescription drugs. Why, unless they come levels are sufficiently high that It brings immediate relief of up to 30 have some sort of plan other than they do not get to participate. percent cost reduction. It helps not Medicare, they do not get the benefit, The point is, when it comes to health only that, but there are a few other the negotiating power, to reduce the security, when it comes to retirement things I want to review as we close out. cost. This plan brings that power to security, when it comes to national se- It protects improvements in Medi- every senior that takes advantage of care to help reduce adverse drug inter- curity, we do not want to leave any- this plan. body out. We want to make sure that actions, provides for electronic pre- I just wanted to share those few everybody is covered. We are all a part scribing to minimize medical errors things, and let seniors know that not of this great country of ours. We need which the complexity of medicine now only providing this plan for the reasons to work together to make sure that ev- certainly is needed to incorporate all we have mentioned because of the ne- erybody participates. the technology that we have to ensure cessity of improving certainly retire- Mr. FLETCHER. Mr. Speaker, again I that we reduce the medical errors to as ment security and the security of our thank the gentleman for joining us to- little as few as possible. It allows phar- seniors’ health, but it is a matter of eq- night, and as he said, two critical macy therapy management for chronic uity. Medicare provides for acute care, things, immediate help, help now. conditions, and I think disease man- and will provide, for example, bypass If we, as we did a couple of years ago, agement is part of this prescription surgery for someone who needs sur- pass a bill out of the House here, we drug plan that is very critical as we gery, but it will not provide the present that over to the Senate. The Sen- look to not only just treat the acute scription drugs for hypertension or ate did not act on it. Let us hope it is problems of our seniors but make sure lowering cholesterol that are nec- different this year as we look over the we manage their condition to give essary. next few weeks of passing a bill out them the best quality of life, again to here and sending it over to the other help them with their retirement secu- f body, but I do thank him for joining us rity, to secure their health for as long EDUCATION TAX CREDITS tonight and thank him for all the as possible. The SPEAKER pro tempore (Mr. work, for all the citizens, not only in So as I close we have a plan that we KELLER). Under the Speaker’s an- the State of Connecticut, but all over will be rolling out soon to provide im- nounced policy of January 3, 2001, the the country. mediate relief that is available for all gentleman from Colorado (Mr. SCHAF- Let me just say a few things and seniors that will ensure no one has to FER) is recognized for half the time re- close out this evening and remark on choose between food and medicine, that maining before midnight, or approxi- this. We said no senior should have to will also provide choice and freedom. It mately 50 minutes. choose between food and medicine, and will also make sure that those people Mr. SCHAFFER. Mr. Speaker, to- yet that is happening in this country, that have drug costs that become quite night I rise to discuss the issue of edu- and yet we are undoubtedly the expensive, that they are not going to cation in America and the topic more wealthiest Nation in the world’s his- go bankrupt because of runaway drug specifically is around education tax tory. We have developed a tremendous costs. amount of health care technology, in- credits, a proposal which has been cir- b 2215 cluding wonderful new medications, culating through some of the back prescription drugs that help prevent Mr. Speaker, it is an excellent plan. I rooms in Congress so far. We have been disease. certainly hope that we can get bipar- talking about this publicly for a long We now have medications that pre- tisan support for this plan as we bring time and many States know quite a lot vent hardening of the arteries, that reit to the House floor. about this. We have been working to duce the rates of heart attacks and As I mentioned a year and a half ago, construct a bill which is almost ready strokes. We have medications that cer- we passed a good prescription drug bill for introduction. We are dealing with tainly allow senior citizens to live out of this House. I think we have some of the final discussions with the more comfortably. We have medica- made marked improvements on the committee of jurisdiction in that legis- tions that treat and sometimes even plan. I want to share, Mr. Speaker, this lation. cure cancer. That would have been just plan is not only a plan that we have If we have Members interested in the unimaginable a few years and decades worked on this year, it is the culmina- topic of education tax credits and ago, but oftentimes our seniors are tion of several years of work. would like to participate, I would like having to choose between the food that What we found is that I think we can to invite my colleagues to join me. I gives them that comfort, that quality get a greater participation in the way know there are several Members who I of life and even assures them of pro- this is structured; and again, the Con- anticipate will be joining me shortly. longed life, and the medicine, having to gressional Budget Office predicts that Education tax credits are probably choose between food and medicine. 95 percent of the seniors will sign up the most exciting innovation with re- So we want to stop that. We have a for this, this voluntary program, be- spect to education that we will have a good plan, and let me just review a lit- cause the benefits are so structured chance to consider this year in Con- tle thing on that. and so good and so attractive that they gress. First, perhaps, I would explain a First off, it fully subsidizes premium felt like seniors would sign up for this, little bit of the history of how we got and cost-sharing up to 150 percent of and because it is available for all sen- to the point of putting a pretty serious the poverty level. That means those la- iors. Again, it provides them with the education school choice initiative to dies that are on low income and those ability to keep the plan that they have. the point where we will be bringing it senior gentlemen that are on low in- If they have a retirement plan, and it to the floor and considering it in Con- come do not have to worry about that provides prescription drug coverage, gress. That history goes back to the problem, as we have shown, choosing this does not impede their ability to Presidency of George W. Bush, when he between food and medicine. keep that plan. campaigned for the Presidency.

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00144 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.143 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3443 He did so on a strong education com- investment in America’s schools, a way what policies are we going to mandate ponent of his platform, predicated on to eliminate the discrimination be- in Washington to make sure that peo- the great accomplishments that he had tween government-owned institutions ple at the State level, people at the achieved for the State of Texas when and those owned by nongovernment en- local school district level, and people he served as governor of that State. tities, whether they are nonprofits or at the local schools make the right de- That was amplified on a national level churches, or perhaps owned by private cisions. in his proposals that called for increas- organizations of other sorts. So it goes through this process of ing accountability through testing and And finally, we are trying to find a politicians in Washington deciding other diagnostic measures with respect way that really gives parents the what we are going to do. The money to school performance and closing the power that they need in order to make flows down to the States and the achievement gap between underserved greater choices as to the kind of edu- States decide how it is going to be allo- children and those of greater means fication and academic settings that are cated, and it goes down to the local nancially. available to their children, and this school. What we find is we have this The second proposal that President academic education tax credit plan whole bureaucracy in place deciding Bush spoke about was school choice, helps to accomplish that. It does so by how we are going to spend the Federal and the third most important element bypassing the Federal Government all education dollar, forgetting about who of his platform involved school flexi- together. The tax credit proposal does paid the taxes in the first place and bility. In other words, having the gov- not envision changing Federal edu- forgetting too often about the child ernment propose that the Federal Gov- cation law or even tampering with the that we are trying to educate. What we found out was a couple of ernment would eliminate all of the U.S. Department of Education. Instead, things. Number one, when you put a rules and red tape, strings, and the this proposal is one that addresses the dollar into the top of the funnel, at the heavy oversight that the Federal Gov- Federal Tax Code and provides a direct end you only get about 65 cents into ernment has become known for with tax benefit to American taxpayers if the classroom actually educating the respect to administering Federal edu- they will send their cash that they oth- child. The other thing that we found is cation programs through the States erwise would send to the Federal Gov- the most effective programs at the and ultimately to local jurisdictions, ernment to a local school. State and local level. to school boards and local schools. Mr. Speaker, I yield to the gentleman When the President became the from Michigan (Mr. HOEKSTRA) to ex- b 2230 President and got himself elected and plain the history and where we are try- When we talked to parents, when we came up to the Hill proposing a pretty ing to go with this tax credit proposal. talked to principals, when we talked to bold plan to follow through on those Mr. HOEKSTRA. Mr. Speaker, I superintendents, when we talked to campaign proposals, he put together a thank the gentleman for taking the teachers, and said, what is really work- proposal called Leave No Child Behind leadership position on this education ing in your schools, we were hoping which had those three key elements, tax credit proposal. A few years ago, that they would come back and say, accountability, flexibility and school the gentleman and I embarked on a well, you know, we only get 7 percent choice, which were a part of that ini- process with members of the Sub- of our money from Washington, but, tial plan. committee on Select Education of the boy, that English as a second language, It was met with tremendous fanfare, Committee on Education and the man, that is the right program, that is as Members recall. There were big Workforce, to talk about education at the program that is really making a press conferences which rolled this bill a crossroads. What we wanted to do difference, or any one of the alphabet out. Particularly those who are active was identify what the Federal role in type of programs that we have here. members of the Committee on Edu- education was, and we also wanted to That was not what we got. They said cation participated in the drafting of go around to America and find out all we get from Washington is bureauc- that legislation. what is really working in education. racy, mandates, paperwork, and those Unfortunately, something happened What we discovered in terms of what types of things. What really works is on the way back to the President’s happens to the Federal dollars and local innovative programs because desk, and that is just a sliver of the what happens in terms of decision- those can be tailored to an individual President’s initial vision remained in making is that we found that the per- school. that bill which was titled H.R. 1, and son who is doing the work and paying So as the gentleman from Colorado that is the fault of the Congress, cer- the taxes by April 15, they send their (Mr. SCHAFFER) said, we are not talk- tainly not of the President, because as money to the Treasury Department. ing about changing the system. We that proposal was introduced, before it We in Washington, whether it is H.R. 1, tried that. We tried to move more decision-making to the State and local had its first hearing, the school choice or any series of education bills here in level, tried to move more decision- components were ripped out of the bill, Washington, will allocate that money making to parents. We did not win on which were the core elements of the and say we are going to spend this that. The bureaucracy and the folks President’s proposal, the most impor- much money here and this much there. who wanted control here in Wash- tant part. And the same with the flexi- Politicians get into the debate where ington, they won that battle. So we are bility provisions, those provisions were exactly the money is going to go. just saying, okay, this system stays in As we found out in the welfare re- watered down considerably to the point place. For those who want those con- where after the Senate finished with form debate recently, that debate, trols and those types of things, it is that proposal, they were barely rec- pretty much the way that the debate going to stay here. It is well funded. ognizable. To the credit of the Con- on education went, we forget about This is a healthy budget. It continues gress, the one portion that the Con- how we are trying to serve. In the wel- to get healthy increases, and we are gress maintained in the President’s ini- fare reform debate, the debate was not not going to try to slay that dragon. tial vision was the accountability pro- whether the policies and programs What we want to do is we want to visions, and that we see carried out would help the people on welfare, the create another mechanism to get more through a massive new Federal effort debate was where the decision would be dollars to the student, and maybe my toward national testing. made as to how those dollars would be colleague would like to take us Having said all that, the most impor- spent. Some of the politicians here in through exactly the difference between tant provisions of the President’s vi- Washington were scared because we this model and how a tax credit com- sion have still been unresolved, and we were actually going to make some of plements this in terms of growing our still have to achieve them and that is the decisions not here in Washington, investment, moving decision-making what this tax credit initiative is about but move some of the decisionmaking down to a local level, and it really trying to accomplish. We are looking down to lower levels. forms a very nice complement to what for a way to provide more flexibility to So it was not worrying about what this system is not able to do. parents and to school boards and to worked and what did not, but who gets Mr. SCHAFFER. Mr. Speaker, before local schools to try to find a way to to make the decision. We had some of we move on, it is important just to un- create a new wave of private, voluntary those same debates on education as to derscore that this really is a picture of

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00145 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.144 pfrm01 PsN: H11PT1 H3444 CONGRESSIONAL RECORD — HOUSE June 11, 2002 the way Federal education dollars go mittee, we finally I think are getting a about. People are interested in improv- from taxpayer down to student, and it handle on this, but for much of the ing education in America and want to is a system that is not designed by ac- nineties, this Department of Education know how to do that. But I think that cident. It is one that is very delib- that gets about $40 to $45 billion per is critical. erately conceived here in Washington year could not even give us a clean I guess I ought to begin by saying and put into place over years and years audit. They could not tell us where the that I come at this from the perspec- of Federal tampering and meddling in money was going or how it was being tive of someone who my entire edu- the whole education system; and it is spent. That is interesting. If you get to cation was in the public school system, important, before we go on to why a a local school board, those things are but more recent experience than that tax credit is important and why it is audited. If there is a problem with the is my wife is a public school teacher in important to try to connect in a more books, immediately there is a State Phoenix, Arizona. She teaches kinder- direct way the taxpayer with the child, takeover. Here you have got a $40 bil- garten. I have two sisters, both of to go through each of these agencies lion agency, like I said, that now I whom are teachers, both in the public just so we have a sense, once again, of think finally under the Bush adminis- school system in Arizona, and then I why the politics are so difficult here in tration, there is accountability here, have a niece who is a teacher in the Washington to put children first. they know where the money is going; public school system in Tucson, Ari- The Treasury Department is a huge but for the longest period of time, they zona. And so I come from a family that agency in and of itself, and we have did not even think enough about $40 is pretty deeply steeped in public edu- had to go meet with the Treasury De- billion to actually account for where cation. Of course to achieve any kind partment, and we just did that last the money was going. of reform, and you were just talking week, with respect to this tax credit Mr. SCHAFFER. They have to ac- about how difficult it is to achieve re- proposal. They are interested in the count for how those dollars are spent form, you have to kind of convince peo- way we are proposing to change the tax by States which is where those dollars ple to take a leap of faith, to try a new law because they are the ones who ad- go next. Once the money goes to the idea. As you pointed out, we in Arizona minister it. So it is important to them States, the States have those dollars tried a new idea. We have tried edu- and they care about it. The politicians distributed by more politicians, State here represent those of us here in Con- cation tax credits, and I think they legislators, those dollars go to their have worked extremely well. That does gress. State departments of education, from Mr. HOEKSTRA. If the gentleman not mean that everybody in Arizona is there to the school districts, from the yet convinced or already on board and will continue to yield, Mr. Speaker, school districts through the political when we met with the Treasury, great it does not mean that the teachers and process there, ultimately to the school, the teachers unions in Arizona are not folks, but it was not about what is best and then finally down there to the education policy. It was what is best still skeptical, but I think it would be child. My point being is that each one tax policy. important for either of you as the lead of these agencies within this bureau- Mr. SCHAFFER. Mr. Speaker, that proponents on this legislation to kind really is the whole point and why it is cratic model, they have their own func- of lay out what you believe tax credits so important here because the Treas- tion, their own focus, their own set of will do and why public school teachers ury Department people, their focus is goals and objectives; and often they do like my wife, my two sisters, and my the Tax Code. That is their job. That is not match up. They are not consistent. niece ought to embrace this idea. Be- Here in Washington as conservatives their mission in life. That is what they cause we have to win them over. We who are just kind of antibureaucracy do for a living, and when we go meet cannot achieve this without them. types like those of us represented here with them to talk about tax credits, I know our experience in Arizona has tonight, when we try to change this that is the level of discussion we have been that by creating a tax credit for to raise is how do we utilize the Tax system and make it more efficient, we education, in Arizona it is capped at Code to accomplish what we think, as step on a lot of toes, as you can see. $500, we have been able to allow young representatives of our constituents, is These agencies, these State bureauc- children trapped in schools that were in the best interest of the people. So we racies, and the school districts, they not meeting their needs to get a schol- have to talk in Treasury language have tremendous political influence arship that enables them to go to a when we go to the Treasury Depart- here in Washington. In fact, the teach- school of their choice and to get a ment. And they were genuinely helpful. ers union is probably the most, I do not high-quality education, because money I appreciated that meeting, and I think think you would get much argument, is is made available to them that they things are going great over there, but the most powerful political influence could not otherwise access. That the child down here at the bottom was here in Washington, D.C., in terms of a money lets them go to a different not the focus of that discussion is the single special interest group. So this is school. I also believe it has not only point. a huge, massive bureaucracy, that has not damaged the public education sys- The legislators, and the politicians a tremendous political force here in tem in Arizona, it has helped the public here in the Congress, of course, we re- Washington. education system in Arizona because spond to a great variety of priorities Talking about changing, this is these are essentially additional re- throughout the country. There are 435 something we need to do and will con- sources for education. It is not less of us just in the House. Across the Cap- tinue to do. We are not going to give up money to educate America’s school- itol here, there are another 100 of us. on that, but we have not been too suc- children; it is, rather, more money to So we have got all kinds of priorities cessful, unfortunately. So the tax cred- educate our schoolchildren. But I think we are trying to balance. So politics it proposal is a way to try to just cut that is a critical question, and I would becomes the important element in how all that bureaucracy out of the middle. invite your response to it. we establish priorities here in the We have not invented this idea in Mr. SCHAFFER. You are precisely House and in the other body. Washington. This idea actually origi- correct. If you once again take a look The Department of Education, of nated in several States, one of which is at the bureaucratic model of getting course, their function is to answer to the State of Arizona. I yield to the gen- taxpayers’ cash to children, this sys- the Treasury Department and to the tleman from Arizona (Mr. SHADEGG) to tem really serves no one well. It really politicians; so when we give the money tell us a little bit about the experience creates a nightmare for public school to them, we have got another bureauc- of education tax credits in his State. teachers, for public school administra- racy, a whole other culture that exists Mr. SHADEGG. I thank the gen- tors. What we want to do is start to in the Department that deals with an- tleman for yielding. What I would like treat these teachers and administra- swering questions up here in com- to do, I will talk a little bit about our tors like the real professionals that mittee hearings and also sending these experience in Arizona, but I also would they are. That is why not only should dollars further down this education bu- like to kind of get down to the nitty- they be enthusiastic about education reaucracy. gritty questions that I think a lot of tax credits, but they really are. Mr. HOEKSTRA. If the gentleman people ask, and people who might be Look at this. This is how tax credits will yield, again on the oversight com- watching tonight might be curious work. We replace this bureaucratic

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.146 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3445 model of getting taxpayer dollars to an inducement or a way to encourage cause under the bureaucratic model, children with one that is much more taxpayers to engage in this activity, the dollars that come from the Treas- direct, one that is better represented the taxpayer’s tax liability to the gov- ury come with strings attached saying, by this chart here, where we have the ernment goes down by half of what ‘‘you are getting a dollar and you will same taxpayer, the same child, no bu- they give. So you are actually doubling spend it this way. And, as a matter of reaucracy in the middle. the amount of money that goes to edu- fact, we are going to monitor you to Here is how it works. Here is how our cation, because they give $500, would be make sure you spend it the way we proposal would work. An individual the max, and they get a tax credit, want you to spend it. When we send who makes a $500 contribution to a that is, they can reduce their check at you the money, we are going to require school, either a public school or to a the end of the year that they owe to you to report back to us that you spent scholarship fund to allow children who the government by half of that. In this it exactly the way that we mandated are poor or are just challenged with re- case it is $250. So not only are these re- that you do, and because we don’t real- spect to the financial means to attend sources that can go to public or private ly trust you, we will send in auditors the school of their choice, the taxpayer education without all the bureaucracy on a periodic basis to audit your re- who contributes to those kind of orga- that you talked about, but on top of ports, because we don’t trust you are nizations would get half of their cash that, it is double the money. To get a going to tell us exactly the truth.’’ So back in the form of a tax credit. This is $250 tax credit, reduction in your tax you get this whole bureaucracy in here money that today the same taxpayer is bill, you have to give $500. We are es- that does nothing, that totally does funneling here to Washington, D.C., if sentially doubling the money going to not consider the child. they would give those dollars to the education. With this model, local officials, they child, give it to the scholarship organi- Mr. SCHAFFER. It is more than a have got an accountability, but they zation, the Federal Government is win-win situation. Every dollar that have only got it to the taxpayer, their going to give them a portion of that the government spends today or that local taxpayer, in that they have to cash back. We are essentially by chang- every taxpayer spends today through convince a local taxpayer that says, ing the Tax Code making it easier to their Federal Government gets filtered ‘‘For our school or district or our kids, just give your dollars directly to the through this bureaucratic process. In this is what we want to do. Would you educational pursuit in your commu- doing so, every dollar does not make it please support us?’’ And if the money nity, the priority that makes sense to to the child by the time it gets down to comes in and they have made a compel- you, rather than send it here to Wash- the bottom of this filter. Only about 60 ling case, it will come in. ington and have it go through all that percent of the money spent on edu- That is what my colleague learned in nonsense that is represented by the cation alone gets to the child. The edu- Arizona, that when local school dis- education bureaucracy. cation tax credit does just the reverse. tricts make a compelling case that Mr. HOEKSTRA. Remember, this is Rather than losing cash, which is what says we get this money from the State the model that says the taxpayer puts the government does today with your and Washington, but our district is just in a dollar and 60 to 65 cents makes it education dollar, the education tax a little bit different and we have got to the classroom. On the other hand, credit actually doubles the money. The some special needs, at that point peo- this model says we have gotten rid of reason it does is because of one fact, ple at the local level will step up with all this stuff in the middle and the tax- and, that is, Americans really are will- the tax credit or the folks will step up payer puts in $2, and it only costs the ing to contribute their own cash to and write that extra check and these government a dollar. So here we grow American schools and American edu- school officials can meet some very our investment in education and we cation. If we can make that investment specific needs for their school district, grow it for all students, public schools, a little sweeter by offering an edu- for their kids. They recognize the ac- private, parochial schools, we grow the cation tax credit, sure it still costs the countability is not to some faceless bu- dollar. In this one we shrink it. What a government a little bit in the end, not reaucrat in Washington, D.C., but their sharp contrast. nearly as much as the bureaucratic accountability is to the kids, to the Mr. SCHAFFER. The reason teachers process, but the result is for every dol- parents of the kids, and to the local and administrators in public schools lar the Federal Government spends taxpayers; and that is exactly where and private schools are excited about through a tax credit that we are pro- our schools need to have the primary tax credits is because they play more posing, $2 actually make it to a child. focus, is back into their communities. of a leadership role in getting these So when we describe this idea to ad- dollars to the children who need it the Mr. SCHAFFER. We have some oppo- ministrators and schools and teachers nents to the plan, unfortunately, and I most. and business leaders and people who Mr. SHADEGG. I just want to go over think that opposition is somewhat pre- are involved in the education bureauc- mature. It is almost reflexive because a couple of points you made because I racy and have dealt with it for so many think it is important to understand. of the battles that have been tradi- years, they are genuinely excited about tional here in Washington. When we One, I emphasize the fact that my wife, this. both of my sisters, and my niece are all talk about having a closer connection public school teachers. You made the b 2245 between taxpayer and child, some peo- point in your remarks that these dol- The people who are most excited ple in this bureaucracy over here seem lars can go by a donor to a public about it are the groups represented by to be threatened by that. school. That is, I think, one of the the two figures on this chart; the tax- I just want to point out for those in- points that people have concern about. payers, who are tired of seeing their terested in preserving this bureauc- The other point, and people get con- money squandered in Washington and racy, that is not a goal of mine par- fused, when we talk about cost to the just through government bureaucracy ticularly, but I just want to make it government, I just want to make it in general, and the others are actually clear the tax credit proposal does not clear that we understand this. As this these children. We brought them here touch this bureaucratic model. We are system works, if you give a dollar di- to Washington, who have been the not messing with the Department of rectly to an educational institution, be beneficiaries of state tax credit pro- Education laws or the bureaucracy in that a public school in your neighbor- posals and other scholarships through- any way. We are changing the Tax hood or a private school, or to an orga- out the country, and it is a remarkable Code, which is different. nization that creates scholarships, I thing to see 10- and 12-year-old kids But this whole bureaucracy is going take it, for a public or a private school, testifying before Congress about how to continue to grow. If history has that dollar goes directly to that school this model has changed their lives and shown us anything, it is that it does and is used by that school. really opened up their futures to edu- not matter who is in charge of Wash- When you say it only costs the gov- cational opportunities. ington, whether it is a Republican or ernment 50 cents, or it only imposes a Mr. HOEKSTRA. The other people Democrat, this bureaucracy grows by cost upon the government of half of that really do get excited are the massive proportions from year to year, that, what you are saying is that it, as school officials at the local level, be- and that is not something to be proud

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.148 pfrm01 PsN: H11PT1 H3446 CONGRESSIONAL RECORD — HOUSE June 11, 2002 about or brag about from my stand- citing to see the kind of, as the gen- tribution this year in Arizona. I gave it point as a conservative, but that is the tleman described, the students who to your school, I expect to see you reality. come to Washington, to see the excite- make that money work. The adminis- For those who believe that a tax ment in the eyes of the adults, some of trators that I have seen in Arizona are credit means that there will be fewer them very wealthy, some of them very very excited about this program, and dollars spent in the traditional bureau- ordinary means, who have decided to they believe that they are being given cratic way in schools, Arizona is a per- make this kind of contribution, give a chance to manage these resources. fect example. Arizona passed a tax money for a tax credit, and then see I think it is a huge success, and I am credit proposal similar to what we are that money used usefully. very, very hopeful that we can enact proposing here and the result was actu- We are in a very competitive world. here in Washington a modest beginning ally a benefit to Arizona’s public This is a different world than perhaps of this program and get it started school finance law. What happened was our parents or grandparents faced, in across the Nation. the per-pupil operating level actually that education now is absolutely crit- Mr. SCHAFFER. That kind of ac- increased in Arizona schools, and, not ical. We all know the stories about countability that the gentleman just only that, but the Arizona school fi- America falling behind in education described in Arizona is what we are nance laws continued on without any and the ongoing debate about we need trying to achieve throughout the coun- change or any amendments to the way more resources. try. It is the accountability that goes from the recipient of funds, public the school finance acts works in Ari- In Arizona there is a very heated de- funds, to the one who donated those zona. bate, do we not need to put more I yield to the gentleman from Ari- money into education, more money funds. Right now school leaders have zona to highlight that point, perhaps, into education? I am not one of those become proficient in the language of or anything else he would like to add. who believes that money creates a di- Federal education bureaucracy. They Mr. SHADEGG. I would just like to rect link to success in education, but it know the language to use in order to drive home a couple of the points the is true that we do need to pay teachers get the grants and satisfy the bureau- gentleman has made and make it very well, we need to be able to give them crats in Washington in order to get the clear that what we are talking about the resources to do their jobs. money to the school. What we want to do is provide really here is more resources for education. The gentleman mentioned the profes- It is kind of interesting, as the gen- sionalism of educators. I am obviously an opportunity to try to reform this whole education culture, so that the tleman points out, in Arizona we biased in my own view of my wife and relationship goes right back to the adopted a tax credit. The Arizona tax two sisters and my niece, but I find neighborhood. The gentleman is right, credit is different than our proposal they are all intentionally dedicated, individuals when they actually phys- here in Washington, which is not a dol- concerned individuals. They give a ically hand that check over to a school lar for dollar match, but rather a one great deal of money out of their own or hand that check over to a scholar- for two match. If you give $2 to edu- pocket. They go out and buy supplies. ship fund are more inclined to follow cation, you get a tax credit, that is to My sisters go out and buy supplies for up than people here in Washington are. say in simple English, a reduction in their classrooms. My wife, to my cha- Here is the bill right here. The other your taxes due, the amount of money grin, goes out forever and buys supplies element that I think is very attractive, you have to pay, of $1. That doubles the for her bulletin boards and candy to and I just want to clarify this, is you amount of money going to education give away to the kindergartners that do not have to have a child in order to before you even factor in the loss of she works with to provide rewards benefit from the tax credit under this whatever it is, 25 cents, 35 cents, in the when they do well in their perform- proposal. As long as you are paying bureaucracy, taking the dollar that ance. My niece in Tucson is a math taxes, you would be eligible to receive goes to Washington down to only 65 teacher, and she gets excited when she a tax credit if you contribute to a cents by the time it gets back to the can help kids. scholarship fund for low-income chil- education system or to the child. Giving those teachers the resources dren to go to the school of their choice, But on top of that, in Arizona, ours is they need to educate young minds and or to an enrichment fund that would be a dollar for dollar. We did not have the to make them be able to be competi- established by a traditional public multiplier effect. I think the multiplier tive in this globally competitive world school. But you do not have to have effect of the proposal here is a very we are entering is, I think, one of the children in order to be a part of this, to good one, because no one can say this greatest challenges we face here as a be part of your community education will divert resources from education, Nation. and to be part of the accountability because by definition you have to give Doing it by the tax credit means, process that goes along with that to twice as much in order to get the sin- which lets people get personally in- create better schools. gle deduction, that is, you give $500, volved and say okay, I am going to Mr. SHADEGG. Every American tax- you get a tax credit of only $250. That write a check this year for $500. I know payer can participate. means there is twice as much money I will only get a reduction in my taxes Mr. SCHAFFER. Absolutely. I would for education, and that is a true ben- of $250, so I am giving away an extra just like to point out, when I say that efit. $250. But I care. I care about the edu- existing public school leaders are en- In Arizona, as the gentleman pointed cation of kids in general. Business own- thusiastic about the idea, I brought out, the experience has been very posi- ers care about getting educated work- proof with me tonight from Michigan. tive; and it has encouraged, not dis- ers to come into the workforce. The Michigan School Board Leaders couraged, the funding of education. It I think this is an idea that kind of Association sent us a letter just last has been a boon. It has been good to cuts around all of the bureaucracy of week that says, ‘‘Dear Congressman watch people get excited. other reforms that, as the gentleman Schaffer, the Michigan School Board I think our colleague from Michigan pointed out earlier, we might make in Leaders Association supports the pro- pointed out that the accountability is the overall system, that indeed the posed legislation allowing tax credits a huge factor. In Arizona, they created President was trying to make with for contributions for both private and what is called the Arizona School H.R. 1. He believed he hit upon some- public education expenses. This legisla- Choice Trust, which is a nonprofit thing that might make education more tion represents a win-win solution. It charitable organization which collects accountable. encourages more corporate giving to contributions from people all over the Tax credits let individual people put public schools, while it also encourages State and then awards scholarships to their money where their mouth is, so corporate and personal giving to orga- low-income children trapped in failing to speak, and do something to help nizations that assist low income chil- schools who want to get a good edu- educate the kids right in their neigh- dren. Such initiatives are essential cation and whose parents want a good borhood and create a one-on-one rela- given that the latest test results,’’ this education for them. tionship with the parent or with the is kind of a Federal benchmark, ‘‘ show I have known a number of people in- child or even with the school adminis- that 63 percent of the low income chil- volved in that effort, and it is very ex- trator and say hey, I made a $500 con- dren essentially cannot read at the

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.149 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3447 fourth grade level. The Michigan b 2300 the government saying that they have School Board Leaders Association ap- Mr. SCHAFFER. Mr. Speaker, one overpaid their income taxes for the plauds you in offering fair legislation other element I want to mention is just coming year. Let us say they get a which creates incentives for invest- a little bit about the strategy of bring- check back right now of $1,000 in a ment in the future of America’s chil- ing this bill to the point we are at now. given year, and that is because they dren, regardless of whether they attend The school choice components of the owed everything else that they had school.’’ Leave No Child Behind bill, H.R. 1, paid in, except that $1,000. This is signed by Lori Yakland, the which passed last year, were taken out This is not a deduction that reduces executive director of the Michigan by the House and never really consid- the amount of money on which they School Board Leaders Association. So ered. So we went back to the President have to pay taxes; this is rather a re- this is not something that just appeals and asked him, Mr. President, since the duction, a lowering, of the dollars that to private school leaders, but those they must pay in taxes themselves. So school choice provisions were not part that have been involved at the leader- a tax credit means they get, they actu- of H.R. 1, we want to continue on with ship level and business level in trying ally get money back, whether their that part of your vision, this vision of to promote quality public education in check refund is larger or whether they leaving no child behind. America. This addresses all schools, The President has committed to write a smaller check to the govern- the American education system. It helping us with this tax credit pro- ment at the end of the year; is that not does not discriminate, this tax credit posal. In fact, it is largely because of correct? bill does not discriminate between gov- Mr. SCHAFFER. Yes, sure, the gen- the discussions we started on this a ernment-owned institutions and non- tleman has described it accurately. Let year ago that we have since secured government institutions. Its focus is us just use, for example, the base ben- commitments from our own leaders rather on all children, all American efit amount that exists in this pro- here in the House: the Speaker, the children; and it treats them all equal- posal, which is $250. That would be the majority leader, our majority whip, ly. tax benefit to an American taxpayer. and key committee chairs, to bring Mr. HOEKSTRA. I think that is why, Mr. SHADEGG. So just to make this proposal to the floor. So I just for a lot of our public school folks, this clear, Mr. Speaker, a taxpayer decides, want to commend our President for the is a very exciting proposal, because once this bill is in place, I am going to promises he has made to back the tax they only get about 7 percent of their give $500 to help low-income children credit proposal that is about to be in- money from Washington to begin with. in my neighborhood or in my State. troduced here in the House; and I want A lot of that money comes with the They give that $500 check. Come the to commend the leadership of the strings attached and very little flexi- end of the year, they get either a re- House for its commitment to bringing bility, but when they see this tax cred- fund check that is $250 larger or, if this bill to the floor and get a fair it proposal, they see it as another ave- they owe money at the end of the year, markup in the Committee on Ways and nue to get money to come into their they write a check to the government Means and for the team effort that has schools, because they are confident that is $250 smaller. that they have built the relationship really led to what I think is just really Mr. SCHAFFER. Mr. Speaker, that is with their constituents, with the cor- perhaps the most exciting prospect correct. Because without the bill, as porations back in their districts, with that we have for reforming American the law stands today, let us just as- the parents and the taxpayers in their schools. sume Americans who pay taxes, they Mr. SHADEGG. Mr. Speaker, if the district, that they have got confidence will be forced to just pay that $250 to gentleman will yield, I would like to in their local schools, and with this in- the Federal Government. That is where begin by saying that the gentleman de- centive we are providing through a tax that money will go without our bill. serves a lot of credit, along with the credit, they believe they can go into What we are saying is that if you OEK- their community and raise the funds gentleman from Michigan (Mr. H make a $500 contribution to a school, necessary to do some of the special STRA), having been in the lead on this to a school project or a scholarship things that they would like to do for fight. You are both on the committee fund, you take that $250 that you have their schools. of jurisdiction, the Committee on Edu- given to a school and you no longer In a lot of places today, the State of cation and the Workforce, and I think send that to Washington. So you are Michigan, it is very difficult for a you have done a great job on leading going to pay that money to somebody school district to raise any extra this issue. anyway. What we want to do is give money for operating expenses. I guess Whenever we do these Special Orders, you a choice. You can send the money it is next to impossible for them to it sometimes occurs to me that we to the bureaucracy here in Washington, raise operating money for their sometimes may be talking around or let it go through the political process schools. It all comes on a formula basis over the heads or past the listening au- that we described here before, or you out of our State capital. dience. I thought maybe it would be can add a little bit of your own cash to So what they are saying is this is worth just a couple of minutes to ex- it and take it to the school down the now a new revenue source for us. They plain some of the concepts here. I know street, which is reflected here on this do see it is more money coming into that I get in discussions where I use chart. And you have effectively used their schools, because they have got a the words ‘‘tax credit,’’ or I use the the $250 that would have gone to the high degree of confidence that the pro- word ‘‘deduction,’’ and people do not bureaucracy and instead, taken that, grams and the efforts that they wanted understand. I mean they do not want to along with another $250 of your own to put in place will be supported by the say, I do not understand what you cash, and given it to the kid who needs people in their local districts. mean, Congressman. But in America, it. So it really is a good complement, with the withholding structure that we Mr. SHADEGG. And, Mr. Speaker, of one set of funds coming through the have where both wages and taxes are critical importance, for those who say bureaucracy, and another set of funds withheld out of your check, you file a we are underfunding education at the for their operating coming directly form at the end of the year and you get Federal level already, we should not be from the taxpayers in their commu- a check back from the government; I doing any of these schemes, we should nity. It creates a new accountability think a lot of people do not really un- not be diverting dollars, we should not stream, the one that I think they derstand what a tax credit is and what be reducing the amount of money that treasure the most, which is their ac- a deduction is and why there is such a goes into education. By using this de- countability, number one, to the kids, critical difference. vice, by saying you get a $250 tax cred- number two, to the parents of those I think it might be important to kind it, but only if you make a $500 con- kids and their schools, and, thirdly, to of walk through the fact of what this tribution to education, that argument their communities, because a lot of our would mean for, as the gentleman goes away. Because we have not re- communities recognize that their fu- pointed out, any taxpayer in America duced the amount of money going to ture depends on the quality of the edu- who even does not have a child; let us education by $250; we have increased cation that their kids are receiving say they are used to filing their tax re- the amount of money going to edu- today. turn and they get a check back from cation by $250 that would not have been

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.151 pfrm01 PsN: H11PT1 H3448 CONGRESSIONAL RECORD — HOUSE June 11, 2002 there to begin with. And if $500 went to best educated child in the world. It without the control; that the only rea- education, not $250, and in a sense we does not mean that we do not want son one could oppose it would be if one know that out of the $250, only 65 cents other kids and the rest of the world to is a bureaucrat in Washington, D.C. out of each dollar would get to the stu- be as educated as well as they are; we and does not want Federal money of dent, we have, as we said earlier, more do. But at the end of the day, this kid any kind going out to educate kids than doubled the amount of cash going cannot come in fifth, tenth, fifteenth, without those Federal dollars being into education, which is why teachers seventeenth, nineteenth like they are controlled, and the control of them, across America, teachers’ unions, on some of the tests today on math and and the dictate, saying they must school superintendents, school admin- science and those types of things. spend it this way, coming from Wash- istrators, people who are professionals Our goal and our objective is to have ington, D.C. and care about resources for education ours to be the best educated kids in the It seems to me, given that, that one ought to be excited about this idea. world. We want to make sure that has to either oppose additional funding Mr. SCHAFFER. They are, Mr. every child has an opportunity for a for education or genuinely believe that Speaker. And from a taxpayer stand- great education; that we cannot have the people back home in the local point, most taxpayers are going to be 60 percent of our kids getting a good schools and school districts cannot excited about this, I think, especially education, we want all of our kids to spend the money unless they are told people who have children in schools get a good education. precisely how it must be spent by Fed- and who are familiar with the aca- We want all of our kids to be in safe eral bureaucrats. demic settings in America today. and drug-free schools. As one of my Unless one believes one of those two Some Americans just do not care, friends said, the only thing we want things, one ought to be supporting this and we know this, and that is unfortu- our kids to be afraid of when they go to kind of idea, because it means more nate, and some of our colleagues here school is the exam tomorrow after- dollars for education, more local con- in Congress do not care. They will be noon, that is it; not fearful of walking trol, it means more involvement by content to continue sending cash to from the classroom to the locker to the Americans in the funding of education Washington as they always have. lunch room or anything like that. in a very direct sense, where they want Mr. SHADEGG. As the only mecha- So we have a great vision for edu- the accountability to them and they nism. cation. This really empowers taxpayers get the satisfaction of knowing their Mr. SCHAFFER. Yes, some will just at the local level to help build that vi- money is helping education. It is, as the gentleman says, a win- do that, because it will be simpler. sion into a reality at the local level. win proposal. Frankly and honestly, it will be easier Mr. SHADEGG. Mr. Speaker, the just to continue shoveling money to Mr. SCHAFFER. And it matters to ‘‘leave no child behind’’ phrase is such American students. I brought a couple Washington, D.C. and letting us spend a great one, because every American it here. But for those who believe that of copies of the testimony that oc- believes in that. No American wants to curred in Colorado. My State consid- getting more bang for the budget, who leave a child behind, and it is a great believe that it is going to help more ered a tax credit proposal, and I regret way to point out what we want to do as to say it failed really by one vote in children, this tax credit really speaks a country for our children. to them, and that is the partnership our Colorado State senate just a few weeks ago. that we are trying to create that just b 2310 But there was a student, Sasha Ward, shows a better way. It does not threat- But I just want to point out that as 11 years old, who testified before the a necessary corollary to what the gen- en the bureaucracy which I mentioned State legislature again on similar leg- tleman was saying just a moment ago, before, because there are enough people islation. This is a child who did receive the only reason that one would oppose that want to preserve that system that a scholarship and was really speaking tax credits would be either that one exists now. I hate to admit that, but to the importance of making scholar- wants to retain the bureaucratic con- that is the cold, hard facts and reali- ship funds available to more children trol in Washington, D.C., to be able to ties of Washington, D.C. But for those in Sasha’s situation, and stressing to Americans who are taxpayers, who are order those districts around, or wants the State legislature that that would parents, or who work in public schools fewer dollars to go to education. I just be possible, that would be achieved, who want to see dollars getting di- want to make that clear, because I through the kind of tax credit proposal rectly to children, this tax credit pro- think people are out there debating, we are proposing here, similar to the posal offers them a unique option that who is opposing this and why? I think one that was being considered in Colo- they do not have today. It is really, I it is important to understand that. rado. just think, an important element of Given that under this structure we Here is what the 11-year-old said: new hope in American schools for chil- leave the existing structure in place, ‘‘My family applied for an ACE scholar- dren. and it still gets the resources that are ship for me to be able to study at the Mr. HOEKSTRA. Mr. Speaker, my directed to it, the Federal dollars to school that I consider a very special colleague was talking about what is a education that are flowing through the place. It is special because it is where simpler process for the taxpayer. This Department of Education are still I learn the most and where I enjoy is fairly simple to begin with, but the there, and they still go out with all the learning. It is a place where I can gentleman is right. Having your taxes strings and all the bureaucracy. dream and have that feeling that I am withheld every week makes this a very This is not in place of that, this is an going to be successful in my life, suc- attractive, or not attractive, but it is add-on in addition to that. cessful because of what I am learning the process that is there, and they have The SPEAKER pro tempore (Mr. right now. In the past, my mom tried been doing it for years. But this proc- KELLER). Under the Speaker’s an- to put me in a Catholic school, but she ess is very, very difficult for our local nounced policy of January 3, 2001, the could not afford the tuition for very school district. They have to clamor gentleman from Colorado (Mr. SCHAF- long. Now I am on my second year in with the State, they have to raise a FER) is recognized for the remainder of the same school because of these schol- ruckus with us to make sure that they the hour, or approximately 10 minutes. arships that she has got for my sisters get their fair share, and then they have Mr. SCHAFFER. Mr. Speaker, I yield and me. I will be very happy if I can all the bureaucracy that goes with it. to the gentleman from Arizona (Mr. stay at my school and have the same I mean when we are talking about SHADEGG). good school as long as possible. They what is the easiest and what is the fair- Mr. SHADEGG. Mr. Speaker, to con- are special, too.’’ est method for kids and for local tax- tinue the point, this tax credit pro- That was testimony from someone payers, this is the posture that clearly posal is on top of the existing Federal named Sasha Ward, an 11-year-old from works. There is no bureaucracy, there funding for education. It is more dol- Wheat Ridge, Colorado. The State legis a lot of flexibility with how the lars without the control. islature also received testimony from money is spent to make sure that at So I thought the gentleman did such Maureen Lord. Maureen is a supervisor the end of the day, what do we want? a good job of making that point, that of a child who initially was designated We want this American child to be the these are extra dollars and they go as learning-disabled.

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.153 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3449 The supervisor here says to our legis- serving children, rather than just b 2320 lature: ‘‘Joe Ray was designated learn- counting them as numbers to drive dol- After that we had Merrill Lynch. ing-disabled in the local public school. lars through a school finance formula. Merrill Lynch just settled a lawsuit in At the end of his fifth grade year, he Mr. SHADEGG. I think the gen- New York after allegations that their was reading between second and third tleman said it well. The key is, this is brokers were advocating investors pur- grade level. He hated writing anything. not a replacement for the current sys- chase certain stocks while at the same His distraction level was extremely tem. People in the current system and time acknowledging in internal memos high; and to complicate things even believers in it should not feel threat- that these were potentially bad invest- more, he had some fine-motor prob- ened by it. What it is, is a chance to ments. Enron, Arthur Andersen, Mer- lems. add resources to the current system. It rill Lynch, each of these cases, I think, ‘‘Being an elementary educator my- is a chance to make it even stronger. It are classic examples of where leaders self, I knew Joe Ray would never be at is a chance to put more dollars behind in the business community violated the grade level if he continued in a school education. It is a chance to get people trust that was placed in them by the system where he had only received an more involved in the education of their public, including their customers, their hour of special attention during each children. It is a chance to get around shareholders, and their employees. day. His future looked dismal and ac- the bureaucracy and have the account- The other thing that goes on here is complishing the basic skills he needed ability run directly to people in their that in my State of Michigan, there is to go on to middle school and high own neighborhoods. even more examples. CMS Energy, a school seemed remote.’’ It is indeed for that reason I think a long-established and well-respected The teacher goes on that one day she win-win that should not threaten the business in Michigan, conducted round heard an advertisement on the radio education establishment and should en- trip sales of electricity. My belief is about the scholarships, and a school courage them. So I compliment the that the sole purpose of this phony that appealed to children similar to gentleman and my colleague from business activity was to artificially Joe Ray, and so this teacher began the Michigan for their very hard work on elevate the sales of one of its business application process to try to get one of this project. divisions of up to 80 percent, again de- these scholarships, and succeeded. Here Mr. SCHAFFER. I thank the gen- ceiving shareholders, customers and is what happened. tleman. I am grateful for my two col- employees of the true health of the The teacher goes on: ‘‘Joe Ray ap- leagues for joining me here on the floor business. What is round-tripping? plied for the ACE scholarship and re- for this Special Order. This is a topic Round-tripping is I will sell you $1 bil- ceived a 4-year partial scholarship to a we feel very strongly about. We will be lion of energy at 9 o’clock in the morn- private school. With help from his men- back week after week to continue talking, a billion dollars of electricity at tor and his mentor’s supervisors, the ing about children and education tax 9:00 in the morning, and at 9:01 you sell obstacles were falling one by one. Let credits and the necessity to get this it back to me for exactly the same me tell you more miracles. Joe Ray proposal passed to help these children. price, and all of the sudden you and I aced last semester’s report card. His are now both billion dollar companies teacher says he is a wonderful young f in the electricity commodities market. man to work with, an eager learner. WHAT HAPPENS IN AMERICA And in reality it was a phony sale. The multisensory math program is WHEN CORPORATIONS VIOLATE Take a look at this headline re- helping him to remember his times ta- THE PUBLIC TRUST cently. Another Michigan company. bles, and his confidence is growing. He Kmart, employees at Kmart recently now frequently looks you in the eye The SPEAKER pro tempore. Under allege that they were forced by man- when he talks to you. This is just one the Speaker’s announced policy of Jan- agement to adjust financial statements young boy who is benefiting from the uary 3, 2001, the gentleman from Michi- to hide the true viability of the busi- investments that scholarships have gan (Mr. HOEKSTRA) is recognized for ness in 2001. The company filed for made to his future. I hope this encour- the time remaining before midnight, or bankruptcy in 2001. Kmart accused of ages some of you.’’ approximately 41 minutes. lying. Whistleblowers came, execs mis- Again, testimony like that is the Mr. HOEKSTRA. Mr. Speaker, I want led, and accountants knew. kind of testimony we are just col- to talk about a little bit different What happens when corporations be- lecting every day from people around issue. I want to talk about what hap- tray the public trust? As we have seen the country who realize the power and pens in America when corporations vio- in almost each of these cases, the fi- the value of finding a way to create a late the public trust. nancial ramifications have been dev- massive cash infusion in America’s Max De Pree, a former Fortune 500 astating. These companies have even education system in a way that bene- CEO, my former boss at Herman Miller, seen their stock values drop; some have fits children in public schools and pri- wrote in his book, ‘‘Leading Without been forced into bankruptcy. Worse, in- vate schools, and those who perhaps Power,’’ about the importance of peo- nocent people, tricked by these decep- want to move from one category to an- ple having trust and confidence in the tions, have lost their retirement sav- other. American economic system in order for ings, employees have been laid off and The system we have today is a dis- it to work. He states, ‘‘When you stop investors have seen their investments criminatory one, and it is unfortunate to think about it, it is astounding that evaporate. The end result may be that to have to say that, but the reality is, anything as complex as the trading of millions of honest businesses in Amer- it does discriminate. It discriminates; stocks, bonds, commodities, and fu- ica may be forced to pay a heavy price it gives a tremendous amount of favor tures ultimately depends on trust; a in new government regulations. to those children who make the kinds value, not a statute, not an SEC regu- It is really time for the business com- of decisions or the parents of these lation, not even a government man- munity and leaders in the business children that make the kinds of deci- date. The system works on trust.’’ community to become self-policing and sions that meet the satisfaction of peo- We have been rocked during the last to bring forward proposals to address ple who work in government. couple of months with revelations this breaking of the public trust by What we are saying is, no, the people about corporate management and some people in the business community. Re- in government, they are nice, we care of the activities that they have been member, the system works on trust. about them, but we want to make chil- engaged in. It all started with the ac- And then the other thing that hap- dren the top priority. That is what the tions of Enron Corporation and certain pens here is you almost add injury to education tax credit does. It starts put- employees of Arthur Andersen, where insult. Many, if not most, of the man- ting kids like Joe Ray and kids like the actions at Enron and Arthur An- agement people involved in these de- Sasha Ward in the driver’s seat, makes dersen I believe were clearly designed ceptive activities have not only gone them the top priority, and really forces to do one thing: to deceive share- unpunished, they have been rewarded in the end I think a reformation of the holders, customers, and employees of with huge severance or compensation education process, so all of those in- the true nature and health of the busi- packages. There is something wrong in volved in the education system start ness. America when business leaders break

VerDate 11-MAY-2000 04:25 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.155 pfrm01 PsN: H11PT1 H3450 CONGRESSIONAL RECORD — HOUSE June 11, 2002 the public trust and harm many but small little business in Zeeland, Michi- painful process to watch and to ob- they walk away with a golden para- gan, said we will leave things the same. serve. chute. What do I mean here? The day after the sale was con- The end result now will be that ei- Well, we know what happened at summated, the doors were locked. The ther the private sector will come up Enron, deceptive business practices. employees were gone. Dennis with recommendations in how to effect Ken Lay, former chair, chief executive Kozlowski made about $334 million change in the private sector or govern- and director, sold 1.8 million shares for over a 3-year period. He resigned ear- ment will step in. I am not real opti- about $50 a share. Jeffrey Skilling, lier this month, indicted on charges of mistic about that. I believe that more former chief executive, director, sold evading $1 million in sales tax. Think government regulation of business is a 1.1 million shares for $66.9 million, about it, making more than $100 mil- poor replacement for integrity and roughly $66 a share. Rebecca Mark, lion per year, and you got to ask the trust. However, we must face the fact vice chairman, director, 1.4 million question, when is enough enough, or that some in business have abused this shares. She sold them for about $58 a does it simply just become greed? $100 trust. share. Robert Belfer, director, member million a year and you would do any- The end result is millions of honest of executive committee, sold a million thing to evade $1 million in sales tax so businesses in America may be forced to shares for $51 dollars a share. Steven that the rest of us could pick up his tax pay a heavy price in new government Kean sold 64,932 shares for around $70 a burden. regulations. I believe that we must share. John Duncan, director of the ex- TYCO is negotiating a severance hope that the individuals who failed in ecutive committee, sold 35,000 shares, package that experts believe will be their leadership responsibilities are netted $2 million or around $60 a share. less than the $135 million he would held accountable by their management, They walked out very, very wealthy. have received if he had been fired. their board of directors, their share- We know that many did not do as well. Let us talk about the performance of holders, or by the laws of our land. After the Enron collapse, to track ex- TYCO under Mr. Kozlowski’s leader- They need to be held accountable. actly the dialogue that Enron manage- ship. TYCO lost $86 billion in market This whole list of companies where ment would have with their share- value, faces $27 million in corporate millions of individuals got hurt but a holders, I bought 50 shares. I did not debt. It is now under investigation. few walked away with a golden para- have to pay $50. I did not have to pay Here is a quote, according to Reuters, chute, here is a quote out of the Wall $66. I did not have to pay $68. I think I ‘‘A pattern of lucrative payoffs to Street Journal that I find kind of ap- paid around 20 cents a share. I bought board members and top executives at propriate: ‘‘I don’t know that anyone 50 shares for $10. Lots of investors were the troubled manufacturer raises ques- gave a bonus to the captain of the Ti- hurt because of the deceptive practices tions about whether they had incentive tanic.’’ at Enron and at Arthur Andersen. But to keep tabs on the spending of dis- In many of these cases, that is ex- the people at the top, 101 million, 66 graced former chairman Dennis actly what we saw, that after the mis- million, 79 million, 51 million, 5 mil- Kozlowski and others.’’ deeds and the wrongdoing, whether it lion, 2 million, they did not end up sell- is at Enron or any of these other com- b 2330 ing their shares for 20 cents a share. panies or Tyco, their market value The president of CMS Energy, here is Reuters continues citing the Wall plummeted. They sank like the Titanic. how one shareholder described what Street Journal: ‘‘The criminal indict- Yet their captains, their CEOs, walked happened here. Referring to the res- ment has triggered a widening probe away with a bonus. ignation of the lower ranking Pallas, into whether Tyco paid for homes and We need to make sure that we pre- the shareholder said it was analogous artwork for several corporate officials vent that from happening in the future. ‘‘to kicking the cat when the dog without telling shareholders.’’ Wall Yet the systems or laws do not exist to messed on the carpet.’’ Street Journal, series of articles, 6–4 exercise true accountability. Then sys- Again, the share prices declined. I through 5–2. tems and laws will need to be changed, think the executives are going to do It is just sad that that is what we are but let us not forget that, in the end, just fine. seeing in so much of the business world this is about integrity and trust, com- Bernard Ebbers, chairman and CEO, today. People who are entrusted by the mon sense and decency; all leadership WorldCom. Worldcom is being inves- public with a certain element of re- qualities that cannot be legislated. tigated by the SEC for possible fraudu- sponsibility have taken that, and in f lent accounting practices. Its credit many cases have enriched themselves, LEAVE OF ABSENCE rating has been reduced to junk status while their shareholders, their employ- By unanimous consent, leave of ab- and it has been removed from the ees and their customers are paying the sence was granted to: Standard and Poors 500 index, the Wall long-term price. Mr. HALL of Ohio (at the request of Street Journal, 6/5 of this year. Here is another case that just came Mr. GEPHARDT) for today and the bal- Bernard Ebbers will receive $1.5 mil- up in the last couple of days. This is ance of the week on account of attend- lion a year for life. If his wife survives The Washington Post via the Dow ing the World Food Summit in Rome, him, she will receive $750,000 a year for Jones, publication date June 2002. A Italy. life as long as she lives. The company’s company that was looking for FDA ap- Mr. LYNCH (at the request of Mr. GEP- credit rating has been reduced to junk proval for a drug, ImClone, learning HARDT) for today on account of family that the Food and Drug Administra- status. Bernard Ebbers resigned under matters. tion would not accept its application pressure in April, but I believe he may Mr. COMBEST (at the request of Mr. for a promising cancer drug, driving its do better than the rest of the company. ARMEY) for today and the balance of Richard McGinn, CEO, Lucent Tech- share price down. It appears that that the week on account of the death of his nologies. The SEC is investigating pos- word leaked out through the corpora- father. sible fraudulent accounting practices tion to a number of individuals. The Mrs. BONO (at the request of Mr. while Lucent employees are suing the end result is they sold their stock be- ARMEY) for today and the balance on company for breach of fiduciary re- fore it collapsed. They came out all account of personal reasons. sponsibility by inappropriately allow- right. Mr. SMITH of Texas (at the request of ing employees to add company stock to The American public has a right to Mr. ARMEY) for today and the balance their retirement plans. Richard expect and demand more. Companies of the week on account of a death in McGinn, ousted in October of 2000, will need to be held accountable. The busi- the family. receive $5.5 million in cash, pay off a ness community should step up and f personal loan amounting to $4.3 mil- make recommendations as to what lion, annual pension of $870,000 for life. should happen, because when public of- SPECIAL ORDERS GRANTED Here is an interesting one. CEO for ficials or corporate officials abuse the By unanimous consent, permission to TYCO. TYCO is a company that we in public trust, the whole sector suffers. address the House, following the legis- my district are fairly familiar with. In this case, corporate America suffers lative program and any special orders They came in and bought a healthy because of the excesses of a few. It is a heretofore entered, was granted to:

VerDate 11-MAY-2000 05:40 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00152 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.157 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3451 (The following Members (at the re- East Joyce Boulevard in Fayetteville, Ar- 5 U.S.C. 801(a)(1)(A); to the Committee on quest of Mr. MCNULTY) to revise and kansas, as the ‘‘Clarence B. Craft Post Office International Relations. extend their remarks and include ex- Building’’. 7306. A letter from the Director, White f House Liaison, Department of Commerce, traneous material:) transmitting a report pursuant to the Fed- Ms. CARSON of Indiana, for 5 minutes, ADJOURNMENT eral Vacancies Reform Act of 1998; to the today. Mr. HOEKSTRA. Mr. Speaker, I move Committee on Government Reform. Mrs. CAPPS, for 5 minutes, today. that the House do now adjourn. 7307. A letter from the Director, White Mr. PALLONE, for 5 minutes, today. The motion was agreed to; accord- House Liaison, Department of Commerce, Mr. DAVIS of Illinois, for 5 minutes, transmitting a report pursuant to the Fed- today. ingly (at 11 o’clock and 35 minutes eral Vacancies Reform Act of 1998; to the Mr. SANDLIN, for 5 minutes, today. p.m.) the House adjourned until tomor- Committee on Government Reform. Mr. HOLT, for 5 minutes, today. row, Wednesday, June 12, 2002, at 10 7308. A letter from the Director, White Ms. KAPTUR, for 5 minutes, today. a.m. House Liaison, Department of Commerce, Ms. MILLENDER-MCDONALD, for 5 min- f transmitting a report pursuant to the Fed- utes, today. eral Vacancies Reform Act of 1998; to the EXECUTIVE COMMUNICATIONS, Committee on Government Reform. Mrs. THURMAN, for 5 minutes, today. ETC. 7309. A letter from the Director, White Ms. NORTON, for 5 minutes, today. Under clause 8 of rule XII, executive House Liaison, Department of Commerce, Ms. LOFGREN, for 5 minutes, today. transmitting a report pursuant to the Fed- Ms. EDDIE BERNICE JOHNSON of Texas, communications were taken from the eral Vacancies Reform Act of 1998; to the for 5 minutes, today. Speaker’s table and referred as follows: Committee on Government Reform. Mr. LANTOS, for 5 minutes, today. 7298. A letter from the Under Secretary, 7310. A letter from the Director, White Mrs. MCCARTHY of New York, for 5 Acquisition and Technology, Department of House Liaison, Department of Commerce, minutes, today. Defense, transmitting a report identifying transmitting a report pursuant to the Fed- Mrs. MEEK of Florida, for 5 minutes, the percentage of funds that were expended eral Vacancies Reform Act of 1998; to the today. during the two preceding fiscal year for per- Committee on Government Reform. Ms. JACKSON-LEE of Texas, for 5 min- formance of depot-level maintenance and re- 7311. A letter from the Director, White utes, today. pair workloads, pursuant to Public Law 105– House Liaison, Department of Commerce, (The following Members (at the re- 85 section 358 (111 Stat. 1696); to the Com- transmitting a report pursuant to the Fed- mittee on Armed Services. eral Vacancies Reform Act of 1998; to the quest of Mr. JONES of North Carolina) 7299. A letter from the Assistant Secretary, Committee on Government Reform. to revise and extend their remarks and Department of Housing and Urban Develop- 7312. A letter from the Director, White include extraneous material:) ment, transmitting a report describing and House Liaison, Department of Commerce, Mr. OSBORNE, for 5 minutes, June 12. evaluating the manufactured home space transmitting a report pursuant to the Fed- Mr. WILSON of South Carolina, for 5 demonstration; to the Committee on Finan- eral Vacancies Reform Act of 1998; to the minutes, June 13. cial Services. Committee on Government Reform. Mr. HUNTER, for 5 minutes, today. 7300. A letter from the Deputy Secretary, 7313. A letter from the Director, White Mr. GUTKNECHT, for 5 minutes, today. Securities and Exchange Commission, trans- House Liaison, Department of Commerce, Mr. JONES of North Carolina, for 5 mitting the Commission’s final rule—Cash transmitting a report pursuant to the Fed- minutes, today. Setttlement and Regulatory Halt Require- eral Vacancies Reform Act of 1998; to the (The following Members (at their own ments for Security Futures Products [Re- Committee on Government Reform. lease No. 34–45956; File No. S7–15–01] (RIN: 7314. A letter from the Attorney/Advisor, request) to revise and extend their re- 3235–AI24) received May 20, 2002, pursuant to Department of Transportation, transmitting marks and include extraneous mate- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- a report pursuant to the Federal Vacancies rial:) nancial Services. Reform Act of 1998; to the Committee on Ms. MCCOLLUM, for 5 minutes, today. 7301. A letter from the Director, Corporate Government Reform. Mr. SHOWS, for 5 minutes, today. Policy and Research Department, Pension 7315. A letter from the Paralegal Spe- f Benefit Guaranty Corporation, transmitting cialist, FAA, Department of Transportation, the Corporation’s final rule—Disclosure to transmitting the Department’s final rule— SENATE ENROLLED BILL SIGNED Participants; Benefits Payable in Termi- Airworthiness Directives; McDonnell Doug- The SPEAKER announced his signa- nated Single-Employer Plans—received May las Model DC–9–81 (MD–81), DC–9–82(MD–82), ture to an enrolled bill of the Senate of 29, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to DC–9–83 (MD–83), DC–9–87 (MD–87), MD–88, the following title: the Committee on Education and the Work- and MD–90–30 Airplanes [Docket No. 2001– NM–197–AD; Amendment 39–12749; AD 2002– S. 1372. An act to reauthorize the Export- force. 7302. A letter from the Director, Corporate 10–03] (RIN: 2120–AA64) received May 31, 2002, Import Bank of the United States. Policy and Research Department, Pension pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f Benefit Guaranty Corporation, transmitting mittee on Transportation and Infrastruc- BILLS PRESENTED TO THE the Corporation’s final rule—Allocation of ture. PRESIDENT Assets in Single-Employer Plans; Valuation 7316. A letter from the Paralegal Spe- of Benefits and Assets; Expected Retirement cialist, FAA, Department of Transportation, Jeff Trandahl, Clerk of the House, re- Age—received May 29, 2002, pursuant to 5 transmitting the Department’s final rule— ports that on June 7, 2002 he presented U.S.C. 801(a)(1)(A); to the Committee on Edu- Airworthiness Directives; Boeing Model 757 to the President of the United States, cation and the Workforce. Series Airplanes [Docket No. 2000–NM–414– for his approval, the following bills. 7303. A letter from the Chairaman, Nuclear AD; Amendment 39–12748; AD 2002–10–02] H.R. 1366. To designate the United States Regulatory Commission, transmitting pro- (RIN: 2120–AA64) received May 31, 2002, pur- Post Office building located at 3101 West posed legislation authorizing appropriations suant to 5 U.S.C. 801(a)(1)(A); to the Com- Sunflower Avenue in Santa Ana, California, for FY 2003; to the Committee on Energy and mittee on Transportation and Infrastruc- as the ‘‘Hector G. Godinez Post Office Build- Commerce. ture. ing.’’ 7304. A letter from the Assistant Secretary 7317. A letter from the Paralegal Spe- H.R. 1374. To designate the facility of the for Legislative Affairs, Department of State, cialist, FAA, Department of Transportation, United States Postal Service located at 600 transmitting an annual report on the activi- transmitting the Department’s final rule— Calumet Street in Lake Linden, Michigan, as ties of the Multinational Force and Observ- Airworthiness Directives; McDonnell Doug- the ‘‘Philip E. Ruppe Post Office Building’’. ers covering the period January 16, 2001, to las Model MD–90–30 Airplanes [Docket No. H.R. 3448. To improve the ability of the January 15, 2001, pursuant to 22 U.S.C. 3425; 2000–NM–198–AD; Amendment 39–12747; AD United States to prevent, prepare for, and re- to the Committee on International Rela- 2002–10–01] (RIN: 2120–AA64) received May 31, spond to bioterrorism and other public tions. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the health emergencies. RE-ENROLLED. 7305. A letter from the Assistant Secretary Committee on Transportation and Infra- H.R. 3789. To designate the facility of the for Export Administration, Department of structure. United States Postal Service located at 2829 Commerce, transmitting the Department’s 7318. A letter from the Paralegal Spe- Commercial Way in Rock Springs, Wyoming, final rule—Revisions and Clarifications to cialist, FAA, Department of Transportation, as the ‘‘Teno Roncalio Post Office Building’’. Encryption Controls in the Export Adminis- transmitting the Department’s final rule— H.R. 3960. To designate the facility of the tration Regulations—Implementation of Airworthiness Directives; Boeing Model 747 United States Postal Service located at 3719 Changes in Category 5, Part 2 (‘‘Information Series Airplanes [Docket No. 2002–NM–69–AD; Highway 4 in Jay, Florida, as the ‘‘Joseph W. Technology’’) of the Wassenaar Arrangement Amendment 39–12718; AD 2002–08–10] (RIN: Westmoreland Post Office Building’’. List of Dual-use Goods and Other Tech- 2120–AA64) received May 31, 2002, pursuant to H.R. 4486. To designate the facility of the nologies [Docket No. 020502105–2105–01] (RIN: 5 U.S.C. 801(a)(1)(A); to the Committee on United States Postal Service located at 1590 0694–AC61) received May 31, 2002, pursuant to Transportation and Infrastructure.

VerDate 11-MAY-2000 05:40 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00153 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JN7.161 pfrm01 PsN: H11PT1 H3452 CONGRESSIONAL RECORD — HOUSE June 11, 2002 7319. A letter from the Paralegal Spe- ceived May 31, 2002, pursuant to 5 U.S.C. Mr. SENSENBRENNER: Committee on the cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on Ways and Judiciary. H.R. 3482. A bill to provide greater transmitting the Department’s final rule— Means. cybersecurity; with an amendment (Rept. Airworthiness Directives; McDonnell Doug- 7328. A letter from the Chief, Regulations 107–497). Referred to the Committee of the las Model DC–9–81 (MD–81),DC–9–82 (MD–82), Unit, Internal Revenue Service, transmitting Whole House on the State of the Union. DC–9–83 (MD–83), and MD–88 Airplanes the Service’s final rule—Loss Limitation Mr. HANSEN: Committee on Resources. [Docket No. 2000–NM–165–AD; Amendment Rules (RIN: 1545–BA52) received May 31, 2002, H.R. 2388. A bill to establish the criteria and 39–12739; AD 2002–09–06] (RIN: 2120–AA64) re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mechanism for the designation and support ceived May 31, 2002, pursuant to 5 U.S.C. mittee on Ways and Means. of national heritage areas; with an amend- 801(a)(1)(A); to the Committee on Transpor- 7329. A letter from the Chief, Regulations ment (Rept. 107–498). Referred to the Com- tation and Infrastructure. Unit, Internal Revenue Service, transmitting mittee of the Whole House on the State of 7320. A letter from the Paralegal Spe- the Service’s final rule—Examination of re- the Union. cialist, FAA, Department of Transportation, turns and claims for refund, credit, or abate- Mr. HANSEN: Committee on Resources. transmitting the Department’s final rule— ment; determination of correct tax liability H.R. 2880. A bill to amend laws relating to Airworthiness Directives; Bombardier Model (Rev. Proc. 2002–2) received June 3, 2002, pur- the lands of the citizens of the Muscogee CL–600–2B19 Series Airplanes [Docket No. suant to 5 U.S.C. 801(a)(1)(A); to the Com- (Creek), Seminole, Cherokee, Chickasaw, and 2001–NM–49–AD; Amendment 39–12738; AD mittee on Ways and Means. Choctaw Nations, historically referred to as 2002–09–05] (RIN: 2120–AA64) received May 31, 7330. A letter from the Chief, Regulations the Five Civilized Tribes, and for other pur- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Unit, Internal Revenue Service, transmitting poses; with amendments (Rept. 107–499). Re- Committee on Transportation and Infra- the Service’s final rule—Rulings and deter- ferred to the Committee of the Whole House structure. mination letters (Rev. Proc. 2002–1) received on the State of the Union. 7321. A letter from the Paralegal Spe- June 3, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. HANSEN: Committee on Resources. cialist, FAA, Department of Transportation, to the Committee on Ways and Means. H.R. 4103. A bill to direct the Secretary of transmitting the Department’s final rule— 7331. A letter from the Chief, Regulations the Interior to transfer certain public lands Airworthiness Directives; Raytheon Aircraft Unit, Internal Revenue Service, transmitting in Natrona County, Wyoming, to the Cor- Company Beech Model C90 Airplanes [Docket the Service’s final rule—Rulings and deter- poration of the Presiding Bishop, and for No. 2001–CE–13–AD; Amendment 39–12745; AD mination letters (Rev. Proc. 2002–29) received other purposes; with an amendment (Rept. 2002–09–12] (RIN: 2120–AA64) received May 31, May 31, 2002, pursuant to 5 U.S.C. 107–500). Referred to the Committee of the 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Ways and Whole House on the State of the Union. Mr. HANSEN: Committee on Resources. Committee on Transportation and Infra- Means. House Concurrent Resolution 395. Resolution structure. 7332. A letter from the Chief, Regulations celebrating the 50th anniversary of the con- 7322. A letter from the Paralegal Spe- Unit, Internal Revenue Service, transmitting stitution of the Commonwealth of Puerto cialist, FAA, Department of Transportation, the Service’s final rule—Loss Limitation Rico; with amendments (Rept. 107–501). Re- transmitting the Department’s final rule— Rules [TD 8984] (RIN: 1545–BA51) received ferred to the House Calendar. Airworthiness Directives; Rolls-Royce plc. June 3, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. HANSEN: Committee on Resources. Tay Model 650–15 and 651–54 Turbofan En- to the Committee on Ways and Means. House Concurrent Resolution 352. Resolution gines [Docket No. 2001–NE–36–AD; Amend- 7333. A letter from the Chief, Regulations expressing the sense of Congress that Fed- ment 39–12735; AD 2002–09–02] (RIN: 2120– Unit, Internal Revenue Service, transmitting eral land management agencies should fully AA64) received May 31, 2002, pursuant to 5 the Service’s final rule—Changes in account- implement the Western Governors Associa- U.S.C. 801(a)(1)(A); to the Committee on ing periods and methods of accounting (Rev. tion ‘‘Collaborative 10-year Strategy for Re- Transportation and Infrastructure. Proc. 2002–12) received June 3, 2002, pursuant ducing Wildland Fire Risks to Communities 7323. A letter from the Paralegal Spe- to 5 U.S.C. 801(a)(1)(A); to the Committee on and the Environment’’ to reduce the over- cialist, FAA, Department of Transportation, Ways and Means. abundance of forest fuels that place national transmitting the Department’s final rule— 7334. A letter from the Chief, Regulations resources at high risk of catastrophic wild- Airworthiness Directives; Boeing Model 737– Unit, Internal Revenue Service, transmitting fire, and prepare a National Prescribed Fire 100, –200, –200C, –300, –400, and –500, Series the Service’s final rule—Loss Limitation Strategy that minimizes risks of escape; Airplanes [Docket No. 2000–NM–359–AD; Rules [TD 8998] (RIN: 1545–BA74) received with amendments (Rept. 107–502 Pt. 1). Or- Amendment 39–12757; AD 2002–10–11] (RIN: May 31, 2002, pursuant to 5 U.S.C. dered to be printed. 2120–AA64) received May 31, 2002, pursuant to 801(a)(1)(A); to the Committee on Ways and Mr. SESSIONS: Committee on Rules. 5 U.S.C. 801(a)(1)(A); to the Committee on Means. House Resolution 439. Resolution providing Transportation and Infrastructure. 7335. A letter from the Chief, Regulations for consideration of the joint resolution (H.J. 7324. A letter from the Paralegal Spe- Unit, Internal Revenue Service, transmitting Res. 96) proposing a tax limitation amend- cialist, FAA, Department Of Transportation, the Service’s final rule—Examination of re- ment to the Constitution of the United transmitting the Department’s final rule— turns and claims for refund, credit or abate- States (Rept. 107–503). Referred to the House Airworthiness Directives; SOCATA—Groupe ment; determination of correct tax liability Calendar. AEROSPATIALE Model TBM 700 Airplanes (Rev. Proc. 2002–40) received May 31, 2002, Mr. HASTINGS of Washington: Committee [Docket No. 2002–CE–01–AD; Amendment 39– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on Rules. House Resolution 440. Resolution 12744; AD 2002–09–11] (RIN: 2120–AA64) re- mittee on Ways and Means. providing for consideration of the bill (H.R. ceived May 31, 2002, pursuant to 5 U.S.C. 7336. A letter from the Chief, Regulations 4019) to provide that the marriage penalty 801(a)(1)(A); to the Committee on Transpor- Unit, Internal Revenue Service, transmitting relief provisions of the Economic Growth and tation and Infrastructure. the Service’s final rule—Coordinated Issue Tax Relief Reconciliation Act of 2001 shall be 7325. A letter from the Assistant Adminis- Utility Industry United Kingdom Windfall permanent (Rept. 107–504). Referred to the trator for Satellite and Information Serv- Tax (UIL 901.12–00) received May 31, 2002, pur- House Calendar. ices, National Oceanic and Atmospheric Ad- suant to 5 U.S.C. 801(a)(1)(A); to the Com- f ministration, transmitting the Administra- mittee on Ways and Means. tion’s final rule—Call for Proposals to Estab- 7337. A letter from the Comptroller Gen- PUBLIC BILLS AND RESOLUTIONS lish a Cooperative Institute for Ocean Re- eral, General Accounting Office, transmit- Under clause 2 of rule XII, public mote Sensing with the National Environ- ting information concerning GAO employees mental Satellite, Data, and Information who were assigned to congressional commit- bills and resolutions were introduced Service [Docket No. 020409082–2082–01] (RIN: tees during fiscal year 2001; jointly to the and severally referred, as follows: 0648–ZB18) received May 17, 2002, pursuant to Committees on Appropriations and Govern- By Mr. TOWNS: 5 U.S.C. 801(a)(1)(A); to the Committee on ment Reform. H.R. 4901. A bill to require that any reduc- Science. 7338. A letter from the Secretary, Depart- tions in payment rates for Medicare home 7326. A letter from the Assistant Adminis- ment of the Treasury, transmitting notifica- respiratory medication nebulizer drugs be trator, Office of Oceanic and Atmospheric tion that recent revenues have enabled the offset by an equal increase in reimbursement Research, National Oceanic and Atmospheric Treasury to fully restore the G-Fund as re- for home respiratory medication professional Administration, transmitting the Adminis- quired by law, pursuant to 5 U.S.C. 8348l(1); services; to the Committee on Energy and tration’s final rule—Dean John A. Knauss jointly to the Committees on Ways and Commerce, and in addition to the Committee Marine Policy Fellowship, National Sea Means and Government Reform. on Ways and Means, for a period to be subse- Grant Program [Docket No. 000522149–1259–03] f quently determined by the Speaker, in each (RIN: 0648–ZA87) received May 15, 2002, pursu- case for consideration of such provisions as ant to 5 U.S.C. 801(a)(1)(A); to the Committee REPORTS OF COMMITTEES ON fall within the jurisdiction of the committee on Science. PUBLIC BILLS AND RESOLUTIONS concerned. 7327. A letter from the Chief, Regulations Under clause 2 of rule XIII, reports of By Mr. HYDE (for himself and Mr. Unit, Internal Revenue Service, transmitting KIRK): the Service’s final rule—Carryback of Con- committees were delivered to the Clerk H.R. 4902. A bill to repeal section 801 of the solidated Net Operating Losses to Separate for printing and reference to the proper Revenue Act of 1916; to the Committee on Return Years [TD 8997] (RIN: 1545–BA76) re- calendar, as follows: the Judiciary.

VerDate 11-MAY-2000 05:36 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\CR\FM\L11JN7.000 pfrm01 PsN: H11PT1 June 11, 2002 CONGRESSIONAL RECORD — HOUSE H3453

By Mr. CANTOR (for himself, Mr. By Mr. TANCREDO (for himself, Mr. H.R. 183: Mr. GILMAN. GOODE, Mr. BOUCHER, Mrs. JO ANN MCINNIS, Mr. SCHAFFER, and Ms. H.R. 236: Mr. SOUDER. DAVIS of Virginia, Mr. TOM DAVIS of DEGETTE): H.R. 349: Ms. HOOLEY of Oregon. Virginia, Mr. FORBES, Mr. GOOD- H.R. 4912. A bill to increase the penalties H.R. 548: Mr. ISTOOK, Mr. MCINNIS, Mr. LATTE, Mr. MORAN of Virginia, Mr. to be imposed for a violation of fire regula- PRICE of North Carolina, Mrs. MCCARTHY of SCHROCK, Mr. SCOTT, and Mr. WOLF): tions applicable to the public lands, National New York, and Mr. SAM JOHNSON of Texas. H.R. 4903. A bill to amend title 31, United Park System lands, or National Forest Sys- H.R. 599: Mr. STRICKLAND. States Code, to specify that the reverse of tem lands when the violation results in dam- H.R. 638: Ms. SANCHEZ. the 5-cent piece shall bear an image of Mon- age to public or private property, to specify H.R. 822: Mr. MCGOVERN, Mr. OLVER, and ticello, and for other purposes; to the Com- the purpose for which collected fines may be Mr. BOUCHER. mittee on Financial Services. used, and for other purposes; to the Com- H.R. 826: Mr. STEARNS. By Mr. FILNER (for himself, Mr. mittee on Resources, and in addition to the H.R. 839: Mr. BLUMENAUER. MORAN of Kansas, Mr. EVANS, Mr. Committee on Agriculture, for a period to be H.R. 1051: Mr. ROTHMAN. GILMAN, Mr. CUNNINGHAM, Ms. subsequently determined by the Speaker, in H.R. 1090: Mr. MASCARA, Mr. KENNEDY of PELOSI, Mr. ROHRABACHER, Mrs. MINK each case for consideration of such provi- Rhode Island, Mr. MOORE, Mr. GRAVES, Mr. of Hawaii, Ms. MILLENDER-MCDON- sions as fall within the jurisdiction of the WALSH, Mr. HINCHEY, Mr. CANNON, Mr. MOL- ALD, Ms. LOFGREN, Mr. SCOTT, and committee concerned. LOHAN, Mr. DOYLE, Mr. MENENDEZ, Mr. AN- Mr. UNDERWOOD): By Mrs. TAUSCHER: DREWS, and Mrs. MALONEY of New York. H.R. 4904. A bill to amend title 38, United H.R. 4913. A bill to encourage and facilitate H.R. 1111: Ms. MCKINNEY. H.R. 1176: Ms. SCHAKOWSKY and Mr. States Code, to improve benefits for Filipino the security of nuclear materials and facili- GUTIERREZ. veterans of World War II and surviving ties worldwide; to the Committee on Inter- H.R. 1214: Mr. BROWN of Ohio. spouses of such veterans, and for other pur- national Relations. H.R. 1307: Ms. VELAZQUEZ. poses; to the Committee on Veterans’ Af- By Mr. MARKEY (for himself, Mr. H.R. 1331: Mr. CAMP. fairs. KUCINICH, Ms. LEE, Mr. FILNER, Mr. H.R. 1520: Mr. GORDON, Mr. BARRETT, Mr. By Mr. GOSS (for himself, Mr. HOLT, Ms. MCCOLLUM, Ms. MCKINNEY, OLVER, and Mr. DEFAZIO. HASTINGS of Florida, and Mr. KEL- AYNE ANDERS INK Mr. P , Mr. S , Mrs. M H.R. 1543: Mr. COSTELLO. LER): of Hawaii, Mr. HINCHEY, and Mrs. H.R. 1556: Mr. BARR of Georgia and Mr. H.R. 4905. A bill to authorize the appoint- JONES of Ohio): ment of additional Federal district court SABO. H.J. Res. 97. A joint resolution calling for H.R. 1581: Mr. BASS and Mr. TURNER. judges for the middle and southern districts an end to the threat of nuclear destruction; H.R. 1609: Mr. LARSON of Connecticut. of Florida, and for other purposes; to the to the Committee on International Rela- H.R. 1701: Mr. LAMPSON, Mr. KIRK, and Mr. Committee on the Judiciary. tions. WILSON of South Carolina. By Mr. LEACH: By Mr. GARY G. MILLER of California H.R. 1724: Ms. KAPTUR. H.R. 4906. A bill to amend the Higher Edu- (for himself and Mr. OXLEY): H.R. 1731: Mr. HAYES. cation Act of 1965 to establish a scholarship H. Con. Res. 415. Concurrent resolution rec- H.R. 1784: Mr. CASTLE. program to recognize scholar athletes, and ognizing National Homeownership Month H.R. 1810: Mr. WU. for other purposes; to the Committee on and the importance of homeownership in the H.R. 1811: Mr. THUNE. Education and the Workforce. United States; to the Committee on Finan- H.R. 1935: Mr. OTTER, Mr. GUTIERREZ, Mr. By Mr. DAN MILLER of Florida (for cial Services. PETERSON of Minnesota, Mr. LATOURETTE, himself, Mr. ISTOOK, Mr. WELDON of By Mr. SCHROCK (for himself, Mrs. Mr. ROGERS of Michigan, Mr. BEREUTER, Mr. Florida, Mr. CUNNINGHAM, Mr. NOR- DAVIS of California, Mr. OTTER, Mr. TOOMEY, Mr. MCINTYRE, and Mrs. MYRICK. WOOD, Mr. PAUL, Mr. SOUDER, and Mr. TIAHRT, Mr. HINCHEY, Mr. WILSON of H.R. 2014: Mr. CAMP. TANCREDO): South Carolina, Mr. JONES of North H.R. 2125: Mr. HANSEN, Mr. ISTOOK, Mrs. H.R. 4907. A bill to amend chapter 71 of Carolina, Mr. CRENSHAW, Mr. BART- MALONEY of New York, and Mr. BLAGOJEVICH. title 5, United States Code, to provide that LETT of Maryland, Mr. LAHOOD, Mr. H.R. 2357: Mr. COMBEST and Mr. JEFF MIL- the same annual reports which are currently LANGEVIN, Mr. PUTNAM, Mr. MCNUL- LER of Florida. being furnished by the Social Security Ad- TY, Mr. HUNTER, Mr. SESSIONS, Mr. H.R. 2373: Ms. DUNN, Mr. HYDE, and Mr. ministration be required of all Government SHAW, Mr. FORBES, Mr. DICKS, Mr. ROSS. agencies which are authorized to grant offi- FILNER, Mrs. MYRICK, Mr. FOSSELLA, H.R. 2405: Mr. MALONEY of Connecticut. cial time to any of their employees, and for Mr. CAPUANO, Mrs. JO ANN DAVIS of H.R. 2484: Mr. QUINN. other purposes; to the Committee on Govern- Virginia, Mrs. TAUSCHER, Mr. H.R. 2487: Ms. MILLENDER-MCDONALD and ment Reform. CUNNINGHAM, Mr. CANTOR, Mr. KOLBE, Ms. NORTON. By Mrs. MINK of Hawaii: Mr. SIMMONS, Mr. JEFF MILLER of H.R. 2570: Mr. NADLER. H.R. 4908. A bill to require gifts of less than Florida, Mr. KENNEDY of Rhode Is- H.R. 2597: Mr. BLUMENAUER. $100 to be disregarded in determining income land, Mr. KING, Mr. HORN, Mr. H.R. 2654: Mr. GEORGE MILLER of Cali- under the supplemental security income pro- HOSTETTLER, Mr. EHRLICH, Mr. KIRK, fornia. gram under title XVI of the Social Security Mr. SMITH of New Jersey, Ms. ROS- H.R. 2702: Mr. BOEHLERT. Act; to the Committee on Ways and Means. LEHTINEN, Mr. LARSEN of Wash- H.R. 2748: Mr. MCNULTY. By Mr. PAUL (for himself and Mr. ington, Mr. SKELTON, Mr. TAYLOR of H.R. 2808: Mr. TIBERI. SCHAFFER): Mississippi, Mr. GOODLATTE, Mr. H.R. 2868: Mr. GREEN of Texas and Mr. H.R. 4909. A bill to amend the Internal Rev- ETHERIDGE. enue Code of 1986 to allow individuals a cred- KINGSTON, Mr. PLATTS, Mr. TURNER, Mr. SUNUNU, Mr. TANNER, Mr. KERNS, H.R. 2874: Mr. DEFAZIO, Mrs. LOWEY, Mr. it against income tax for medical expenses LYNCH, and Mr. DINGELL. for dependents; to the Committee on Ways Mr. SAXTON, Mr. EVANS, Mr. HEFLEY, and Mr. ISAKSON): H.R. 2953: Ms. SANCHEZ and Mrs. and Means. NAPOLITANO. By Mr. STENHOLM: H. Con. Res. 416. Concurrent resolution congratulating the Navy League of the H.R. 3038: Mr. LARSON of Connecticut. H.R. 4910. A bill to authorize the Secretary H.R. 3109: Ms. VELAZQUEZ. of the Interior to revise a repayment con- United States on the occasion of the centennial of the organization’s founding; to the H.R. 3132: Mr. DAVIS of Illinois, Mr. JACK- tract with the Tom Green County Water SON of Illinois, and Mr. SABO. Control and Improvement District No. 1, San Committee on Armed Services. By Mr. SULLIVAN (for himself, Mr. H.R. 3236: Mr. DUNCAN and Ms. VELAZQUEZ. Angelo project, Texas, and for other pur- H.R. 3238: Mr. ALLEN. PITTS, Mr. MCINTYRE, Mr. TURNER, poses; to the Committee on Resources. H.R. 3284: Mr. SANDERS. Mr. SOUDER, and Mr. RYUN of Kan- By Mr. TANCREDO: H.R. 3292: Mr. ROSS and Mr. RANGEL. sas): H.R. 4911. A bill to require the Secretary of H.R. 3320: Mr. CRANE and Mr. KNOLLEN- H. Res. 441. A resolution supporting respon- Agriculture to conduct a wildland-urban res- BERG. sible fatherhood and encouraging greater in- toration charter forest demonstration H.R. 3388: Mr. BARTLETT of Maryland, Mr. volvement of fathers in the lives of their project in the Pike and San Isabel National HOLT, and Mr. WELDON of Pennsylvania. children, especially on Father’s Day; to the Forests and Cimarron and Comanche Na- H.R. 3414: Ms. MCKINNEY. Committee on Education and the Workforce. tional Grasslands to increase community in- H.R. 3424: Mr. JOHN. volvement in decisionmaking regarding the f H.R. 3429: Mr. MENENDEZ and Mr. CROWLEY. management of those forests and grasslands, H.R. 3469: Mrs. MINK of Hawaii, Ms. to evaluate the feasibility of using a ADDITIONAL SPONSORS DELAURO, Mr. FATTAH, Ms. PELOSI, Mr. predecisional review process for projects con- Under clause 7 of rule XII, sponsors EVANS, and Mr. SIMONS. ducted as part of the demonstration project, H.R. 3483: Mr. CLEMENT and Mr. CROWLEY. were added to public bills and resolu- to provide stewardship contracting authority H.R. 3496: Ms. SLAUGHTER and Mr. ENGLISH. as part of the demonstration project, and for tions as follows: H.R. 3534: Mr. SULLIVAN. other purposes; to the Committee on Re- H.R. 13: Mr. LINDER. H.R. 3584: Mr. FILNER, Mrs. ROUKEMA, and sources. H.R. 46: Mr. ROSS. Ms. MCKINNEY.

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H.R. 3686: Mr. ROSS. H.R. 4037: Mr. ENGLISH and Mr. MCGOVERN. H.R. 4852: Mr. GOSS. H.R. 3741: Mr. WEXLER. H.R. 4066: Mr. BARCIA, Mr. WATT of North H.R. 4865: Mr. COYNE and Mr. DINGELL. H.R. 3746: Mr. STARK. Carolina, Mr. SHERMAN, Mr. SHIMKUS, and H.R. 4866: Mr. GORDON, Mrs. BONO, Mr. WU, H.R. 3777: Mr. WU and Mr. PLATTS. Mr. SHOWS. Mr. SULLIVAN, Ms. HART, Mr. CASTLE, Mr. H.R. 3781: Mrs. TAUSCHER, Mr. DEUTSCH, H.R. 4072: Ms. SCHAKOWSKY. FROST, and Mr. BRADY of Texas. SRAEL ROWLEY Mr. I , and Mr. C . H.R. 4086: Mr. FORD. H.R. 4878: Mr. OSE. H.R. 3788: Mr. SUNUNU. H.R. 4113: Mr. BAIRD, Mr. OLVER, Mr. H.R. 4880: Mr. NEAL of Massachusetts. H.R. 3794: Mr. SMITH of Washington, Mr. ENGEL, Mrs. JOHNSON of Connecticut, Mr. H.R. 4888: Ms. ROYBAL-ALLARD, Mr. BURR of SIMMONS, Mr. LAMPSON, and Mrs. SANDERS, Mr. HOLT, Ms. LOFGREN, Mr. North Carolina, Mr. CUMMINGS, Mr. LEVIN, NAPOLITANO. TIERNEY, Ms. MCCOLLUM, Mr. NADLER, and Mr. MCGOVERN, Mr. GANSKE, Mr. GORDON, H.R. 3802: Mr. HERGER. Mr. PALLONE. and Mr. FROST. H.R. 3808: Mr. WELLER. H.R. 4123: Mr. PAYNE and Ms. MCKINNEY. H.R. Res. 6: Mr. LAFALCE. H.R. 3834: Mr. STRICKLAND, Mr. OBERSTAR, H.R. 4136: Mr. OBEY. H.R. Res. 23: Mr. AKIN and Mr. CALVERT. Mr. REHBERG, Ms. MCCOLLUM, Mr. DEUTSCH, H.R. 4152: Mr. ENGLISH, Mr. GREEN of H.R. Res. 89: Mr. HASTINGS of Florida, Mr. and Mr. BAIRD. Texas, Mr. HASTINGS of Florida, and Mr. IVERS HERMAN CROWLEY, and Mr. MCGOVERN. H.R. 3884: Ms. R , Mr. S , Mr. HEFLEY. ELDON SABO, and Ms. NORTON. H.R. 4169: Mr. BARCIA. H.R. Res. 93: Mr. W of Florida. H.R. 3887: Mr. KENNEDY of Rhode Island, H.R. 4210: Mr. HILLIARD. H.R. Res. 96: Mr. SULLIVAN, Mr. CRENSHAW, Ms. BALDWIN, Mr. GUTIERREZ, Mr. SIMMONS, H.R. 4259: Mr. BAKER. and Mr. REHBERG. and Mr. DINGELL. H.R. 4470: Mr. MANZULLO. H. Con. Res. 4: Mr. FERGUSON, Mr. SAXTON, H.R. 3912: Ms. WATERS. H.R. 4483: Mr. KINGSTON, Mr. HEFLEY, Mr. and Mr. MORAN of Virginia. H.R. 3930: Mr. WALDEN of Oregon and Mr. KELLER, Mr. SULLIVAN, Mr. PETRI, Mr. SAM H. Con. Res. 99: Ms. NORTON, Ms. ROYBAL- JOHN. JOHNSON of Texas, Ms. SANCHEZ, Mrs. LOWEY, ALLARD, Mr. BECERRA, and Mr. MARKEY. H.R. 3957: Mr. SHERMAN. Mr. MATSUI, and Ms. SCHAKOWSKY. H. Con. Res. 173: Mr. FROST, Ms. H.R. 3973: Mr. GARY G. MILLER of Cali- H.R. 4582: Mr. WU, Mr. HALL of Texas, and MILLENDER-MCDONALD, Ms. DEGETTE, Mr. fornia. Mrs. MALONEY of New York. OLVER, and Mr. ROTHMAN. H.R. 3974: Mr. OWENS and Mr. JEFFERSON. H.R. 4598: Mr. COBLE. H. Con. Res. 188: Mr. PLATTS. H.R. 3995: Mrs. BIGGERT, Mr. SMITH of H.R. 4620: Mr. CALVERT. H. Con. Res. 238: Ms. BROWN of Florida. Texas, Mr. WAMP, Mr. LAHOOD, Mr. ROTH- H.R. 4629: Mrs. JO ANN DAVIS of Virginia. H. Con. Res. 320: Mr. PRICE of North Caro- MAN, Mr. GORDON, and Mr. OWENS. H.R. 4639: Mr. FRANK. lina. H.R. 4014: Mr. COOKSEY, Mr. PRICE of North H.R. 4644: Mr. FROST, Mr. LYNCH, Mr. DAVIS H. Con. Res. 382: Mr. DELAHUNT, Mr. Carolina, and Mr. WOLF. of Illinois, and Mr. TERRY. RANK BERCROMBIE ATSUI C INNEY F , Mr. A , Mr. M , Ms. H.R. 4018: Ms. M K . H.R. 4646: Mr. HONDA, Mrs. NAPOLITANO, H.R. 4019: Mr. CALLAHAN, Mr. CAMP, Mr. ESHOO, and Mr. KLECZKA. Mrs. MINK of Hawaii, and Mr. BERRY. BROWN of South Carolina, Mr. CHAMBLISS, H. Con. Res. 392: Ms. WATERS. H.R. 4658: Mr. WATKINS and Mr. OSE. H. Con. Res. 394: Mr. FALEOMAVAEGA. Mr. HOLT, Mr. CANNON, Mr. BURTON of Indi- H.R. 4660: Mr. CROWLEY, Ms. NORTON, Mr. H. Con. Res. 401: Ms. EDDIE BERNICE JOHN- ana, Mr. HAYWORTH, Mr. DEMINT, Mr. KEL- SANDLIN, and Mr. PUTNAM. SON of Texas. LER, Mr. PAUL, Mr. DREIER, Mrs. JOHNSON of H.R. 4665: Mr. OWENS, Mr. FROST, and Mr. H. Con. Res. 403: Ms. SCHAKOWSKY. Connecticut, Mr. BARTLETT of Maryland, FRANK. H. Con. Res. 404: Ms. LEE and Mrs. MINK of Mrs. BIGGERT, Mr. CALVERT, Mr. MICA, Mr. H.R. 4667: Mr. VISCLOSKY. Hawaii. OTTER, Mr. RADANOVICH, Mr. SCHROCK, Mrs. H.R. 4709: Mr. PALLONE, Ms. MCCOLLUM, H. Con. Res. 407: Mr. BROWN of Ohio. MYRICK, Mr. PICKERING, Mr. HANSEN, Mr. and Ms. PELOSI. PUTNAM, Mr. FOLEY, Mr. GILMAN, Mr. TERRY, H.R. 4715: Mr. BONIOR. H. Con. Res. 413: Mr. SESSIONS, Mr. Mr. GOODE, Mr. TIAHRT, Mr. ISSA, Mr. JONES H.R. 4727: Mr. MCNULTY. CUNNINGHAM, and Mr. GREEN of Texas. of North Carolina, Mr. KNOLLENBERG, Mr. H.R. 4728: Mr. TAYLOR of Mississippi, Ms. H. Res. 18: Mr. UDALL of New Mexico and KIRK, Mr. SCHAFFER, Mr. LATOURETTE, Mr. MILLENDER-MCDONALD, Mr. BURTON of Indi- Mr. LARSEN of Washington. MCCRERY, Mr. LINDER, Mr. ARMEY, Mr. ROHR- ana, and Mrs. ROUKEMA. H. Res. 269: Mr. FERGUSON. ABACHER, Mr. WILSON of South Carolina, Mr. H.R. 4729: Mr. OWENS. H. Res. 416: Mr. LATOURETTE, Mr. BARCIA, OXLEY, Mr. STUMP, Ms. PRYCE of Ohio, Mr. H.R. 4754: Mr. KOLBE. and Mr. GRAVES. WALDEN of Oregon, Mr. WELDON of Florida, H.R. 4760: Ms. MCKINNEY. Mr. FRELINGHUYSEN, Mr. TIBERI, Mr. WATTS H.R. 4761: Mr. COSTELLO. f of Oklahoma, Mr. GANSKE, Mr. KINGSTON, Mr. H.R. 4777: Mr. SHERMAN, Mr. BERMAN, Mr. TAYLOR of North Carolina, Mr. RILEY, Mr. SMITH of New Jersey, Mr. GILMAN, Mr. MEE- GILCHREST, Mr. DUNCAN, Mr. ROYCE, Mr. HAN, and Mr. MARKEY. DELETIONS OF SPONSORS FROM RYAN of Wisconsin, Mr. PLATTS, Mr. WICKER, H.R. 4783: Mr. PAUL. PUBLIC BILLS AND RESOLUTIONS Mr. THUNE, Mr. WAMP, Mr. HOSTETTLER, Mr. H.R. 4795: Mr. ENGLISH, Ms. HART, Mr. KIL- Under clause 7 of rule XII, sponsors MCKEON, Mr. RYUN of Kansas, Mr. POMBO, DEE, and Mr. SANDERS. were deleted from public bills and reso- and Mr. REHBERG. H.R. 4814: Mr. DOYLE, Ms. SCHAKOWSKY, Mr. H.R. 4033: Mr. LYNCH, Mr. FRANK, and Ms. KLECZKA, Mr. BALDACCI, Mr. WU, Mr. BAR- lutions as follows: WATERS. RETT, and Mr. INSLEE. H.R. 1950: Mr. BISHOP.

VerDate 11-MAY-2000 05:36 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00156 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JN7.092 pfrm01 PsN: H11PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, JUNE 11, 2002 No. 76 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING the debt limit extension; that that bill called to order by the Honorable JON S. PRESIDENT PRO TEMPORE be read the third time and the Senate CORZINE, a Senator from the State of The PRESIDING OFFICER. The vote on passage of the bill without any New Jersey. clerk will read a communication to the intervening action or debate. The ACTING PRESIDENT pro tem- Senate from the President pro tempore pore. Is there objection? PRAYER (Mr. BYRD). Without objection, it is so ordered. The Chaplain, Dr. Lloyd John The assistant clerk read the fol- Mr. REID. Mr. President, let me ex- Ogilvie, offered the following prayer: lowing letter: press my appreciation to the minority. Dear God, think Your thoughts U.S. SENATE, This is something that the President PRESIDENT PRO TEMPORE, desires us to do. We tried to work it through us today. We want to love You Washington, DC, June 11, 2002. with our minds and praise You with out last week on the supplemental. We To the Senate: could not do it. This will bring it for- our intellects. We seek to be riverbeds Under the provisions of rule I, paragraph 3, for the mighty flow of Your wisdom of the Standing Rules of the Senate, I hereby ward, as painful as it is, to increase the debt if something has to be done. The through us. Teach us to wait on You, appoint the Honorable JON S. CORZINE, a to experience deep calm of soul, and Senator from the State of New Jersey, to debt has been incurred, and we have to meet our obligation. That is my opin- then to receive Your guidance. We perform the duties of the Chair. OBERT YRD ion. spread out before You the decisions we R C. B , President pro tempore. I appreciate the cooperation of the must make. Thank You in advance for Republican leadership and the mem- Your guidance. Give us the humility to Mr. CORZINE thereupon assumed the chair as Acting President pro tempore. bers of the minority for allowing us to trust You for answers and solutions, do this. and then, grant us the courage to do f what time alone with You has con- f SCHEDULE vinced us must be done. You are the RESERVATION OF LEADER TIME author of all truth, the bottomless sea Mr. REID. Mr. President, this morn- The ACTING PRESIDENT pro tem- of understanding. ing the Chair will announce a period of pore. Under the previous order, leader- Send Your Spirit into our minds and morning business until 10:45, with the ship time is reserved. first half under the control of the ma- illuminate our understanding with in- f jority leader or his designee and the sight and discernment. We accept the MORNING BUSINESS admonition of Proverbs, Incline your second half under the control of the ear to wisdom, and apply your heart to Republican leader or his designee. The ACTING PRESIDENT pro tem- understanding; yes, if you cry out for dis- At 10:45, the Senate will resume con- pore. Under the previous order, there cernment, and lift up your voice for un- sideration of the hate crimes legisla- will now be a period for the transaction derstanding, if you seek her as silver, and tion, with 60 minutes of debate prior to of morning business not to extend be- search for her as for hidden treasures; a cloture vote at 11:45 a.m. So Senators yond the hour of 10:45 a.m., with Sen- then you will understand the fear of the would have until 10:45 a.m. today to ators permitted to speak therein for up to 10 minutes each. Lord, and find the knowledge of God. For file second-degree amendments to the Under the previous order, the first the Lord gives wisdom; from His mouth bill. The Senate will recess from 12:30 to half of the time shall be under the con- come knowledge and understanding.— trol of the majority leader or his des- Proverbs 2:2–6. Amen. 2:15 p.m. for the weekly party conferences. ignee. Mr. REID. Mr. President, I suggest f f the absence of a quorum. FH UNANIMOUS CONSENT The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE AGREEMENT—S. 2578 pore. The clerk will call the roll. The legislative clerk proceeded to The Honorable JON S. CORZINE, a Sen- Mr. REID. Mr. President, I am going call the roll. ator from the State of New Jersey, led to make a unanimous consent request Mrs. BOXER. Mr. President, I ask the Pledge of Allegiance as follows: at the present time. I ask unanimous unanimous consent that the order for I pledge allegiance to the Flag of the consent that immediately following the quorum call be rescinded. United States of America, and to the Repub- the cloture vote today, regardless of The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, the outcome of that vote, the Senate pore. Without objection, it is so or- indivisible, with liberty and justice for all. proceed to the consideration of S. 2578, dered.

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

S5319

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5320 CONGRESSIONAL RECORD — SENATE June 11, 2002 Mrs. BOXER. Mr. President, how that the environment does not matter, percent by the industry that polluted. much time remains? they will say things that do not make This is not a good trend for the Amer- The ACTING PRESIDENT pro tem- sense. ican people, for the taxpayers, and that pore. Seventeen and a half minutes re- My colleague from Illinois is in the is why we have so much support for main on the leader’s time. Chamber, and I know he wants to add turning this around. f to this debate. First, I want to cover I am proud to be the chair of the en- one more issue before I yield to him. I vironmental team that Senator ENVIRONMENTAL PROTECTIONS want to talk about one issue. It is DASCHLE has appointed to point out the Mrs. BOXER. Mr. President, I have called the Superfund. environmental record of this adminis- come to the Chamber today to talk I think it is very interesting that the tration and how it is hurting the about an issue about which I have spo- Presiding Officer, as well as Senator health, safety, and well-being of the ken before and will continue to do so TORRICELLI, are two leading proponents American people. until we turn around the current cli- for doing something about Superfund Mr. DURBIN. Will the Senator yield? mate we are facing, which is a rollback sites. Mrs. BOXER. I am happy to yield to of environmental protections for the The word ‘‘super’’ is a good word: my friend for as long as he would like. American people. You look super fine. The word ‘‘Super- Mr. DURBIN. I thank my friend for It is stunning to see what has hap- fund’’ is not a good word because what her leadership on the environmental pened to environmental regulations it means is that we have sites all over issue, and I would like to get back to since administrations have changed. this country that are filled with poison it, but I would like to ask the Senator We have, fortunately, a group called and toxins, and we need to clean up to reflect with me for a minute on the the NRDC. I have a list of all the ac- these sites. larger issue, an issue of corporate re- tions that have been taken by this ad- This chart shows there are national sponsibility, whether U.S. businesses ministration since they took over. We priority list sites in every single State will accept their responsibilities as have seen the average of one anti-envi- but one. North Dakota is the only part of America, their responsibility ronmental action every week since this State. New Jersey happens to have the not only to their workers, their inves- administration took over. most. Pennsylvania is third. My own tors, and shareholders, but the con- This chart is way too small for peo- State has about 104 sites, and we are sumers and America at large. ple to read, but it gives a sense of the second on the list. Time and time again, what we find situation. I have two charts like this. What I want to show my colleagues— with the Bush administration is they These are 100 rollbacks. Our Nation and I hope the Senator from Illinois turn their back and ignore this issue of certainly is in a situation where we are will pick up on this—is what is hap- corporate responsibility. We now have so focused on meeting the challenges pening specifically to the Superfund a ‘‘Bermuda Triangle.’’ This Bermuda that hit us on September 11—and it is program, which is such a popular pro- Triangle is sucking in American jobs very understandable; we are so united gram in this country. It cleans up and American tax dollars as more and on that—but what has happened in the these toxic sites. A lot of people live more corporations are moving their course of that time is that without near these sites. Children live near headquarters overseas. As they move very much publicity, a lot of these reg- these sites. It makes the sites safe, and their headquarters to Bermuda to ulations have moved forward. it goes after the responsible parties, avoid paying America’s taxes, they are We face the circumstance where if we the polluters, and says the polluter shirking their corporate responsibility in the Senate and those in the House pays, which is the basic premise of the to the United States. who care about the environment do not Superfund program. When the Stanley Tool Company de- speak out, I fear for the future of our Under Bill Clinton’s administration, cided to move from the United States country. we saw a ratcheting up of the cleanup: and put their corporate headquarters Why do I say that? Because when one 88, 87, 85, 87 sites in the last 4 years. We in Bermuda, did we hear any protests says the word ‘‘environment,’’ it means were all set to continue. We were a lit- from this administration that they many things, and one meaning is tle disheartened when President Bush were shirking corporate responsibility? health and safety. For example, when said he is only going to clean up 75 Not at all. this administration believed it was not sites, but worse than that happened. We saw in the paper yesterday that so important that arsenic was in the Now they are saying they are only we now have the Norquist black list. water, finally the people woke up to going to clean up 47 sites, and then 40. Grover Norquist, one of the leading what they were doing. Then when they We are going back down. We are going gurus of the Republican Party, has said said it was not so important to test back down to a level, frankly, that we he is creating a black list of those enti- poor kids for lead in their blood—even have not seen in more than a decade. ties, organizations, and people in Wash- though we know if a child has elevated This is a horrible situation. I am ington who will not be acceptable and levels of lead in his or her blood, there proud that Senator CHAFEE has joined welcome in the Bush administration. is going to be a serious learning prob- us, and we have bipartisan legislation They want their close circle of cor- lem and illness problem, even problems to reinstate the Superfund fee so pol- porate friends to have entre to per- of death—they went too far. luters will pay. suade this administration to move in It does not seem to stop them. In my I am going to show one last chart be- the worst directions. They do not want State, they are against us as we are cause this is so important. This idea of to hear both points of view, the trying to protect the coastline. They ‘‘polluter pays to clean up their mess’’ Norquist black list, part of this Bush are against us. They said to Florida: has been basic to this country for administration philosophy. We will help you. But as to California, many years, since Superfund was set It really comes through graphically it is unbelievable. Interior Secretary up in the 1980s, and it led us to a situa- on this issue of the Superfund. Who Norton said people in California do not tion where the industry and the pol- should pay for the toxic mess? The peo- care about their coasts. Mr. President, luters were paying 82 percent of the ple who created the toxic mess or the I am here to say that is an insane cleanup and taxpayers only 18 percent. taxpayers, the families of America? statement if you look at the record. That was where we could not find a What we are saying basically is if Since the seventies, when under the party or we did not have enough funds this burden is shifted to the taxpayers Carter administration they thought in the Superfund trust fund. of America, corporate responsibility is they would drill, we convinced Carter This is where we are headed under abandoned. The corporations and busi- not to drill. We thought that problem President Bush. I consider this admin- nesses that create the mess should bear was over. The State has a moratorium istration the most anti-environmental the burden of cleaning it up. on drilling off our shores. The fact is, that I have ever seen, frankly. I have The Senator from California has we have set up sanctuaries all along been in Congress since 1982, with Sen- made this point: In my State of Illi- the ocean. This is a terrible statement ator DURBIN, who is about to speak. In nois, we have 39 sites on the Superfund and an example of how the Bush ad- 2003, 54 percent of the cleanup in Super- list and 6 that have been formally pro- ministration is so blinded by this idea fund will be paid for by taxpayers; 46 posed. Several others ultimately filled

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To make this the greatest and taxpayers ought to pay for it. yield for another question, I think we country is making sure we have a Where is corporate responsibility in should make it clear what this strong middle class to buy the products this administration? Norquist black list is all about. Grover that business makes, to be able to edu- Mrs. BOXER. I am really pleased my Norquist is one of the conservative cate their children so this country con- friend has tied this into the bigger pic- gurus in the Republican Party. He is tinues to be the greatest in the world. ture, because this particular chart now joining in what he calls his ‘‘K When you put greed ahead of the shows it all. The Bush administration Street Project’’ with other conserv- American families in this country and is moving away from corporate respon- atives. They are really creating a black their rights and forget your responsibility when it comes to cleaning up list of people with which this adminis- sibilities, where is the patriotism the worst toxic sites in America. They tration will not deal. People who are there? are cleaning up half the number of fighting for the environment, people Mr. DURBIN. Will the Senator yield? sites. We do not know. We cannot tell. who are fighting for human rights, peo- I have met with business leaders in I am the chair of the Superfund Com- ple who are trying to protect the rights Chicago from good businesses, from mittee and the Environment Com- of individuals to have health care, peo- across Illinois, and they are saying the mittee. The bottom line is, I cannot ple who are trying to protect con- same thing. They are ashamed of what even tell whether the sites of the Sen- sumers will be part of the Norquist has happened with Enron. They are ator from Illinois are going to be black list. ashamed of what they are seeing in cleaned up because this administration Now what the Bush administration is this area of corporate irresponsibility. is keeping that information secret. saying is that they really do not know They believe they are good Americans To get to the point about corporate that they want to comment on this. creating profit for their shareholders responsibility, having faced the Enron They should comment on it imme- and job opportunities and good prod- scandal, and continuing to face it in diately and reject it. They ought to de- ucts. They are looking for leadership California, let me state what this nounce it. This is unacceptable, wheth- from Washington. Usually business means. It means corporations could er the President is a Democratic or Re- says, Washington, hands off, stay away care less about the people they serve. publican. Every President should be from us. They tell their own employees to buy open to every point of view. They may Many times they are asking, What Enron stock while the insiders sell out. come down and reach a different con- are you going to do to help us clean up The shareholders were the last people clusion, but to create a black list, as the mess when it comes to accounting they thought about. It is a lack of a Grover Norquist has for those who are standards and energy regulation? We corporate ethics. standing up and fighting and basically need leadership from Washington. Yet When this administration writes an representing the families of America, energy plan, they talk to these very there is little or nothing coming from is plain wrong. this administration when it comes to same corporations that essentially I ask the Senator from California, do corporate responsibility. For the sake turn their back on the American peo- we not see this coming back at us in so of this country, for the sake of the ple. As my friend, Senator MIKULSKI, many different ways? The Senator good companies in this country, those brought up at a meeting we both at- mentioned Enron, the weak stock mar- that are responsible, we need an admin- tended today, some of these corporate ket, and the lack of confidence in cor- istration that will speak out now to re- executives renounced their citizenship porate America. Should we not have store confidence to the American peo- in order to get away with not paying leadership from the White House say- ple in our economy, in our business any taxes. They leave the greatest ing we demand corporate responsi- structure, in our stock market. Yet the country in the world, which gave them bility? We do not find that, do we, in only thing we hear is the Norquist every opportunity to fulfill the Amer- this administration response? blacklist. They are going to blacklist ican dream, and they throw it all away Mrs. BOXER. No, we do not find it. certain people from having access to for dollars and cents. As a matter of fact, I am waiting for this administration if they deign to There is little corporate ethic in some indictments on the Enron case, to speak on behalf of consumers and aver- America. There are some very good be honest. corporations. Why not say to those Mr. DURBIN. Not one so far. age people. That sort of thing is totally good corporations: We appreciate what Mrs. BOXER. Not one so far. We now unacceptable. It is an ethic we should you are doing; join with us. Let us get know because other whistleblowers are not accept from either political party back a corporate ethic. telling us that they set the pace for the in this Nation. On the Norquist black list that my energy industry. This was the biggest I ask the Senator from California if colleague referred to, I thought it was transfer of wealth from ordinary Amer- she has heard the same thing from re- interesting when Ari Fleischer was ican families to the pockets of these sponsible business leaders in her State. asked about it in his press conference. people. It is extraordinary. Mrs. BOXER. There is no doubt about He said: I have no comment because we Overlay the whole Enron scandal and it. They are embarrassed by what has have nothing to do with it. I found that anyone can see that California was happened—the corporate executives amazing. Does he have no comment on used as a cash cow to keep Enron who take home millions and millions terrorism? He has nothing to do with afloat while the insiders sold their of dollars and then do not pay their that. Does he have no comment when stock. I have seen videotapes of the taxes, corporate executives who do not something horrible happens around the highest executives at Enron telling the care about their employees and destroy world that we have nothing to do with? poor employees—as these top execu- not only their employees’ jobs but Since when is it that there is suddenly tives were unloading their stock—buy their pensions. It is a moment in our silence when it comes to a black list? I more stock. They wanted to see that history where they are looking to us think it is a political embarrassment the stock was artificially held up and for leadership. to them. have more people and more employees The way I tie it into the environment More than that, what worries me is buying so they could sell out. and health and safety is this: I showed they are not distancing themselves I look at the word ‘‘patriotism’’ per- on the floor the environmental record from this issue. I hope in America haps in a different way than others. for 2001. This is the record for 2002. there is room for all kinds of views. Patriotism extends to a very broad Each week, there is another plan to When Vice President CHENEY put to- range. When I say this, I mean if you weaken environmental laws and pro- gether the energy plan, they did not are truly patriotic and love this coun- tect the people. It is a terrible message want any views from people who had try, yes, you stand with this President to corporate America.

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The EPA issued new reg- It is short-term thinking. It is not good back, and the bad apples do not get ulations making it legal for coal com- for this country. If you want to talk caught. panies to dump fill material—dirt, about patriotism, the most patriotic Look at air quality, nuclear waste, rock, and waste—from mountaintops, thing you can do, it seems to me, is endangered species, mining public moving mining into rivers, streams, drive a car that doesn’t use all that lands, something my colleague is in- lakes, and wetlands. foreign oil. It is very hard to get such volved in, oil and gas drilling, urban My point is, if this administration a car, an American car particularly. sprawl. that is charged with protecting the en- It is interesting my friend raised this This administration zeroed out the vironment, as we are, is so callous because he is right. The Senate was funding for urban parks. I would love about the quality of the water for the weak on this, shamefully weak. But we my friend to comment on this point: 70 people of this country, the not so sub- did not get any help from Vice Presi- percent of our people live within reach tle message to corporate America is: dent CHENEY when, on June 18, 2001, he of an urban park. Unbelievably, 2 People don’t matter that much; just announced to General Motors execu- weeks ago the administration sent out make your profit because we really tives that the Bush administration has a press release bragging about all the don’t care. no plans to pursue higher fuel effi- grants they made from last year’s It is stunning. That is why I am glad ciency standards. That set the tone. money, not mentioning in this press re- my friend was here. This connection When this administration came in, lease they have now zeroed out the between this record, which I think is so many of us did say there were so many funding for urban parks. unmindful of the needs of the American ties to energy, so many ties to oil com- This lack of caring for the people of people, does translate over to short- panies, that we were very worried. But this country, as I see it, in terms of the term thinking in corporate America, to some of us thought maybe, because of environment and this kind of a record thinking that it really is not impor- that, the administration would bend set a poor example for everyone, for tant to care about the environment, over backwards to be fair, to lean on business leaders. If business leaders see your people, or their health and their this issue. We were sorely disappointed. If one could sit down and really think this administration does not really welfare reform. Mr. DURBIN. Did we not go through it through, we are talking about a very care, when it comes to the environ- this same debate on the energy bill a unwise strategy on the part of this ad- ment, about the health and safety of few weeks ago? The Senator and I were ministration to not look ahead, to not the people, what is the subtle message coming to the floor and saying, if you plan for the future, to not care about to a corporate executive? I guess: I want to lessen America’s dependence your grandchildren or my grand- don’t have to care. I guess the bottom on foreign oil, if you want more energy children having the opportunity to see line is my profit. security, take a look at the No. 1 con- the beauty of this country; to not Mr. DURBIN. I ask the Senator from sumer of oil in this country—the cars worry that much if the quality of the California to reflect on this. It is not as and trucks we drive. Have more fuel ef- air goes down or the quality of the if this administration cannot find ficiency and fuel economy. Forty-six water; to convince yourself the envi- money. When it comes to tax breaks percent of the oil we import goes into ronmental laws are a burden on indus- for the wealthiest people in our coun- our cars and trucks. A number of Mem- try. That is disproven and untrue. try, they can find plenty of money. bers came to the floor and said let’s My friend talks about California. We When it comes to an urban park— improve fuel economy of cars and have been the leader on environmental which is what many working families trucks in America to lessen our de- protection. We have found when you look forward to on a Sunday afternoon, pendence on foreign oil. The corporate clean up the environment you create whether it is in San Francisco, Los An- interests came in and said no, no jobs. There has been study after study. geles, or Chicago, a place to go with change, no improvement. One of our best exports happens to be your family and enjoy yourself on Sun- What it means is, we passed an en- environmental technologies. So by day afternoon—the administration ergy bill which fails to address the turning away from a clean and healthy says we cannot afford urban parks but most basic element of developing en- environment as a goal to help our peo- we can afford a tax break so that the ergy security, energy independence, ple, you are also blocking a very im- multimillionaires in this country can and a cleaner environment for Amer- portant piece of our economy, a place go to private clubs and can enjoy a life- ica. It literally has been 17 years since where we are way ahead. style that involves a lot of privacy. we improved the fuel economy of cars I remember when the wall fell in For the average working-class fam- and trucks. When we look at this, time eastern Europe, one of my friends who ily, their lifestyle involves fun perhaps and again, it is corporate irrespon- went there said: The trouble is, now on a Sunday afternoon on the Lake sibility that turns its back on the envi- you can actually see the air. They had Michigan shoreline or going to an ronment and energy security for this not done anything about air pollution. urban park in and around the city of country. I know my friend is leaving. I am Chicago. As the Senator from California has about to end what I am saying. But I It really is a choice. It is not as if the pointed out, this is a pattern which is thank him so much for tying together Bush administration is saying there is emerging through this administration. this horrific anti-environmental just no money for anything. They Instead of leading us toward more re- record, the anti-environmental record found money when it came to tax sponsible conduct, as individuals, as of this administration, to the whole breaks for the wealthiest people in families, and as businesses, they are issue of corporate greed, of corporate America. When it comes to putting turning their back on corporate re- irresponsibility. We are seeing more money into America to protect our en- sponsibility. and more of the big corporations really vironment, to protect for prescription I think it all comes together. I think turning their back on the people they drugs under Medicare, for a tax deduc- the environmental issue plays into the are supposed to serve, frankly—their tion for college education expenses, to energy issue and, frankly, the vote we customers; the people they are sup- give a tax break to small businesses to had on the floor where, 67 to 32, the posed to help, their employees; their offer health insurance, this administra- Senate rejected improving fuel effi- shareholders, just using this very tion cannot see it. It casts a blind eye. ciency in cars and trucks across Amer- shortsighted type of reasoning that Mrs. BOXER. The point is the mes- ica was a shameful vote. It is a vote this administration uses, which is get sage it is sending, subtle or not so sub- which, frankly, we are going to have to it all now and don’t worry about the fu- tle, to corporate America, about what answer for decades to come. ture.

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If you take the issue of CO2 emis- prohealth rule. This record is shameful. We need to sit with people with sions, we had a President who promised I think it is only because we have been whom we don’t always agree. That is that, although he was against Kyoto, so focused, as we have to be, on other why this Norquist blacklist is so upset- he would come up with a plan to cut issues, that we have not, as Americans, ting, as Senator DURBIN said. If we put those emissions back. That is the prob- stood up to say this is a terrible cir- a little X on the forehead of people who lem that causes global warming. I cumstance. do not agree with us, and we put them don’t know of any respected scientists I will show the Superfund. I will on a blacklist and we never talk to today who say global warming is not a leave with that one more time, to show them, what kind of America is this dreadful problem. What it could do to the number of sites they are cutting going to be? It is going to be an ex- our agricultural products, what it back on the Superfund. Remember, in tremist America—an America that could do to our Nation, what it would California 40 percent of Californians doesn’t reflect the values of the Amer- mean for the world, is devastating. live within 4 miles of a Superfund site. ican people. It is not a question of panicking I am sure, Madam President, if you ex- One of the values of the American about it. It is a question of doing some- amine the Superfund sites in your people is a clean and healthy environ- thing about it. It is not that hard to State—you have many, as unfortu- ment. I hope people will educate them- do, if we set our mind to it. nately many of us do, and we will give selves to the fact that we cannot find This administration’s Environmental the exact number later—you will see out which Superfund sites are not Protection Agency sent a report to the what is happening. There is a walking going to be cleaned. I hope people will United Nations where they admitted, away from the responsibility to clean understand the danger they face if this yes, there is global warming and, yes, up these sites, which means these sites continues. it is caused by human beings, and, yes, will remain very dangerous. I pledge today to continue to come to it is bad. Now this administration, this We have a site in New Jersey that the Chamber to talk about this envi- President, is backing away from his has become infamous because the wild- ronmental issue, to fight for the Super- own administration, what they said. He life there is turning bright colors from fund Program, and to fight for clean said: Gee, I really don’t agree with that the dioxin that is in the soil, the ar- air and clean water. We are going to ‘‘bureaucracy.’’ senic that is in the soil, the dangerous take this case to the American people. I don’t get it. This is his Environ- chemicals that are in the soil. The EPA I thank the Chair very much. I yield mental Protection Agency. And the will not tell us, Madam President, from the floor. thrust of the report, even though it ad- which of your sites they are walking The PRESIDING OFFICER. The time mitted there were problems, basically away. We are trying desperately to get controlled by the majority has expired. said there are these problems but we the information. The remaining time until 10:45 is con- Senator JEFFORDS, who is a man of have to learn to live with them. trolled by the minority leader. tremendous patience, I can tell you, I do not understand why people go Mrs. BOXER. Madam President, I started trying to get the information into Government, would join the Envi- suggest the absence of a quorum. in March. We sent a letter and said ronmental Protection Agency, would The PRESIDING OFFICER. The that we now see you promised to clean run for President or the Senate or the clerk will call the roll. up 75 sites. Now you say it is only 47. House to say: ‘‘You know, it’s a prob- The assistant legislative clerk pro- That is down from 87 sites under the lem.’’ And throw up their hands. ceeded to call the roll. last administration. Tell us, pray tell, That is not what we are about. Our Mr. THOMAS. Madam President, I which sites are you abandoning? Our job is to find solutions to problems, to ask unanimous consent that the order people have a right to know. It impacts lay those problems out. I know the for the quorum call be rescinded. their lives; it impacts the lives of their Senator who is in the Chair is taking The PRESIDING OFFICER. Without children; it impacts the property val- the lead in finding solutions to the objection, it is so ordered. ues in the community. Just tell us problem of the high cost of prescription Mr. THOMAS. Madam President, I which sites you are not going to clean drugs, not only for our seniors but for ask unanimous consent to speak in up. all of our citizens. She is working long We found in the hearing we held that, morning business. and hard on that, day in and day out, in fact, a message went out to all the The PRESIDING OFFICER. The Sen- and with her leadership and that of employees at EPA not to talk to any- ator may proceed. others in the Senate, we are going to one. Don’t tell Senators which sites are Mr. THOMAS. I thank the Chair. come up with a good plan. off the list; don’t tell newspapers; refer f I know our leader, TOM DASCHLE, is all the calls to our communications going to come up with a very good plan ROLE OF THE FEDERAL people. GOVERNMENT that we can all back, on all fronts, The penchant for secrecy in this ad- dealing with Medicare but also dealing ministration is growing to be alarming. Mr. THOMAS. Madam President, we with the pricing of prescription drugs. We couldn’t find out who sat in on Vice always have different kinds of things to talk about and issues that are before You could throw up your hands and President CHENEY’s meeting when they just say, ‘‘Isn’t this awful, prices are drew up this energy bill. We had to go us. That is our job, of course, to deal going up,’’ and walk away. Why would to court to find out. Now we know. It with the issues. There is no end to the we deserve to be here if we took that was the special interests that wrote number of issues that come here. We attitude? Why do we deserve to be here that. We know what happens then. focus on them, as we should. In addi- if we do not protect people’s health—by That is not the kind of America we tion to that, however, it seems to me getting them prescription drugs, but want. We want an America where ev- that it is appropriate from time to also preventing the health problems eryone sits around the table—people time that we focus a little bit on the that you get when you have dirty air from the environmental community, appropriate role of the Federal Govern- and water and high levels of arsenic people from the business community, ment. and high levels of lead in children’s people from the labor community, peo- What is the appropriate role of Gov- blood. ple from the management community. ernment spending? I understand the It is one thing to react at the end of That is the way we are going to have pressures that come from wanting to it when they have these illnesses. We an America that works for everyone— do something about every problem, need these pharmaceuticals. It is an- not when we leave out people with partly because we do want to do some- other thing to prevent these problems whom we don’t agree. thing about every problem, and partly because many come from a very I represent a State which is very di- because of the politics of it. Now we unhealthy environment. verse in thinking. We go from very lib- find ourselves getting more and more I am sorry to say that this adminis- eral to very conservative and every- into the kind of setting, a kind of cul- tration’s record in 2001—and let’s show thing in between. If I just sat with the ture, if you please, where, as the Fed- 2002—an average of once a week, com- people who voted for me, that would be eral Government continues to grow, ing up with an anti-environmental a huge mistake for me; plus, it would every issue that arises—at whatever rule, rolling back a pro-environmental, be unfair and wrong. the level—the first request is let us get

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We eral Government ought to be larger, if some of these appropriations bills that asked people to share with us what you think it ought to be less large, if are coming up. We need to do that very they saw in the future for their fami- the issues ought to be considered more soon. We will be talking about hun- lies, their town, their county, and their close to the people where they have dreds of billions of dollars in expendi- State. It was interesting. Of course, it more input at the State and local level, tures. was different in different parts of the the answer is yes. Of course, we should be helping to State, but several things were pretty I believe we need to stand back from strengthen education. What is the role unanimous. It would be fun to have time to time and take a look at what of the Federal Government in edu- this body sit down for a day and say: we are doing in terms of the future, cation? Now it contributes about 7 per- What do you see as the role of the Fed- and maybe try to get some vision of cent to elementary secondary edu- eral Government? What do you see the where we want to be in the next 10 cation—most of it in special education. Senate doing in terms of spending, in years or 15 years. But we continue to look there for more terms of programs 15 years from now? What do we want our society to look and more money. There are all kinds of Do we want to continue to spend the like in terms of government? Do we recommendations to do that. way we have over the last several want a national government for every- I think one of the interesting ones years? If so, what would be the totals? one? I don’t think so. That is not what that I run into—and the Presiding Offi- A couple years ago, we tried pretty we are. This is the United States of cer does as well—in terms of the Fi- much to have some limitations and America. We are a federation of States. nance Committee is taxes, tax changes, held the general budget to about 3 per- The Federal Government’s role is fairly tax credits—tax this and tax that. cent, which was basically inflation. well defined in the Constitution, and Every day something comes up that This year, notwithstanding terrorism those things not there are to be left to someone wants to give a tax credit for and the necessary emergency spending, the States. But we move the other way. some certain kind of behavior. Then it is probably 8 percent—probably more I am not anti-Federal Government. I the next day we come to the Chamber than that, close to a 10-percent in- think there is obviously a very serious and say the tax system is too com- crease in Government spending. role for the Federal Government. One plicated. It is complicated because Of course, we will hear from our of them we are exercising now is de- every day we use it more to affect be- friends on the other side of the aisle fense. That, obviously, is a Federal havior than we do for raising money. that the problem is because of tax re- role, and one that we should and are There is just no end to it. Let us give ductions. I don’t agree with that. Tax pursuing. a tax credit to do this or give a tax reductions are necessary when you But take a look at all the things we credit to do that or we will give a tax have a slow economy, to get things are in. Take a look at all of the little credit to help build small communities going. Tax reductions help us plan to things in the supplemental budget which we passed last week, and tell me or give a tax credit for charitable giv- see the kind of Federal Government we that those are Federal responsibil- ing or whatever, all of which on their really want—perhaps one with a small- ities—all of those little items in there face are nice ideas. But if you step er role—and identifying those things that we are funding. I am sorry, they back and say what the role of the Fed- that are clearly the role and responsi- are clearly not. eral Government is in that, then I bility of the Federal Government; per- It seems to me that we have to take think maybe you would have to take a haps reducing Federal taxes so locals a look at the concept. I think some of closer look at what is really happening. can have more taxes, to do with it the things we are looking at now are It is one that I believe is very impor- what they want. very important. One of them is Medi- tant. One of the things I think most of us, care. Obviously, Medicare is a Federal There is constitutional direction, as I I suppose from every State, work on program. But we need to take a look at mentioned. Some people interpret that more than anything else is what a bill it and see where it is going over time in different ways. But, nevertheless, it or a proposal means in terms of our to be other than just patching here or does indicate that there is a limit to States. For instance, health care. I patching there or putting a little more what the Federal Government should come from a rural State. Health care money in there, and then come to the do. I don’t know. I suppose different delivery in Wyoming is quite different Chamber and complain about not hav- States have different things. A good than it is in New York City, so a Fed- ing enough money. But we never seem deal of Wyoming belongs to the Fed- eral program that is designed for met- to look at where we might be. eral Government. So one of the things ropolitan areas doesn’t fit at all. There I am a little frustrated at the feeding I hear the most is there is too much has to be enough flexibility. The same frenzy at the public trough of the Fed- Government regulation—Federal regu- is true with education and most every- eral Government that we have been en- lations that impact everybody—prob- thing else we do. But we don’t always gaged in over the past several decades. ably more than anything else. give that flexibility. So we find our- As a matter of fact, I think that is The Senator from California was selves with programs designed to go going to be more difficult as we go for- talking about environmental restric- nationwide which don’t fit nationwide. ward. tions. That is all I hear—an excessive Yet because we constantly have these First of all, of course, we need to de- amount of non-use restrictions on pub- Federal programs going, it is most dif- bate and pass a responsible bipartisan lic property—and the idea that you ficult. budget resolution. To most people, the don’t have access to the Federal lands I mentioned to you that we are al- budget means you have a budget which that belong to the people. The access, ways saying we need to simplify taxes. hopefully you can stay within. If you obviously, ought to be limited so that Yet we use them to affect behavior can’t, you can’t. It means more than you preserve the environment. But the more than almost anything. The size of that here. A budget, of course, is some idea that you have to have roadless the Government continues to grow. We limitation on what you are spending. areas so you cannot access the prop- worked very hard last year to get the That is what your plan is, and that is erty, the idea you cannot go to Yellow- bill passed that required agencies to what you are doing. But, in addition to stone Park in a snow machine, even look at their activities, and those that that, there are some restraints that though the snow machine can probably are not totally governmental could be can be used here on the floor of the be made cleaner than an automobile— put out into the private sector for pri- Senate. these kinds of things are constantly vate contracting. I think it is an excel- If an appropriations or spending bill there. At the same time, we want the lent idea to try to keep the Govern- goes beyond the budget that we have Federal Government to get bigger, ment as small as possible. Some of our

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5325 folks are opposed to that idea; they The assistant legislative clerk read In the same speech: want more and more Government and as follows: Criminal acts of hate run counter to what more and more Government employees. A bill (S. 625) to provide Federal assistance is best in America, our belief in equality and Those things that are not certified to States and local jurisdictions to prosecute freedom. The Department of Justice will ag- Government things ought to be dealt hate crimes, and for other purposes. gressively investigate, prosecute and punish Pending: criminal acts of violence and vigilantism with in the private sector. motivated by hate and intolerance. So I know these are general com- Hatch amendment No. 3824, to amend the Our message this morning is unambiguous ments and you don’t have an answer penalty section to include the possibility of and clear. The volatile poisonous mixture of for all these issues, but there is a frus- the death penalty. hatred and violence will not go unchallenged tration that builds as you go through The PRESIDING OFFICER. The Sen- in the American system of justice. everything we look at every day, and ator from Massachusetts. That is what this legislation is all more and more bills being talked Mr. KENNEDY. Madam President, I about, to try to make sure we are about. wish to briefly review where we are on going to prosecute these acts of vio- As an example, we are going to have this issue involving releasing the other lence that are based upon bigotry and hearings this afternoon on the Park arm of the Federal Government to hatred and that affect not only the in- Subcommittee, which I used to chair. I fight hate crimes. dividuals who are involved but also af- love parks. But there need to be some This is an issue that has been before fect the whole community. criteria as to what a national park the Congress since 1997. We reported Many of us thought, after September should be. Failing having criteria, the legislation out of the committee in 11 and after the extraordinary loss of what they say in every community 1999. It is the year 2002, and we still, in lives, after the extraordinary acts of that has an area they would like to de- this body and in the House of Rep- heroism, there was a new spirit in velop and set aside is, let’s get the Fed- resentatives, have been unwilling, un- America. I believe that to be so. I eral Government to take it over and let able to pass legislation that is going to think it is true. It is reflected in so it be some kind of a Federal park. It is permit the Federal Government to many different areas. We are reaching not a Federal park just by its defini- fight terrorism at home. That is what out to understand our communities. tion. But I understand when we are hate crimes are all about. We are reaching out to understand our working for something in our States— I am always surprised that we are un- neighbors and friends. We have a some call it pork, and some call it able to break the logjams. This legisla- strong understanding that America, in other things, but it doesn’t matter—we tion has been before the Senate. We many respects, is closer, bonded to- don’t look at the broad picture, we just voted on this legislation about a year gether in order to try to resist the acts look at that. It is difficult. ago as an amendment to the Defense of terror that are at home but also un- So I am hopeful we can take a long authorization bill. The vote was 57 to derstand the values which are impor- look at what we are doing and, as op- 42. tant to each other. Within that spirit, it is amazing to posed to simply dedicating ourselves to So we had strong bipartisan support me that we as a country are so pre- an election in 2002—to which I think for that legislation. Then we get to the pared to assault those cells of hatred as you will find many of these things are conference and the Republican leader- they exist in other parts of the world very related—let’s take a little longer ship in the House of Representatives and refuse to address them at home. look at where we are going to be. That said no. That is what this legislation is really is really our job for the future. These What we really need is to have the all about. That is why we need this leg- young pages sitting here, where are legislation passed free and clear, meaning no amendments attached to the islation. It is very simple. they going to be 20 years from now? We I see my friend and colleague. I re- have some responsibility to look at legislation, in spite of the fact that 232 Members of the House of Representa- serve the remainder of my time, and I that. I think it is a very strong respon- yield such time as he may consume to sibility. tives, Republicans and Democrats, understood as well that we ought to be the Senator from Oregon. So I hope we can put our emphasis a The PRESIDING OFFICER. The Sen- little more on our responsibility as the fighting hate and terror at home. That is what this is all about, whether we ator from Oregon. Federal Government, how we can best Mr. SMITH of Oregon. Madam Presi- are going to deal with the insidious do that, what it means in the future, dent, each day I have detailed in the hate crimes that continue to exist in how we can help build the strength of Senate RECORD another hate crime. this country and which, in too many local and State governments so that it Again, these are always violent, they will be close to the people and the peo- instances, are not prosecuted. We have the strong support of those are always sickening, but they always ple can indeed have a real role in what happen to an American citizen. These is being managed in their area. in the law enforcement area. Twenty- two State attorneys general support it; citizens are not different from you and Madam President, I suggest the ab- me. They are Americans. They may be 175 law enforcement, civil rights, civic, sence of a quorum. black, they may be gay, they may be and religious organizations; and 500 di- The PRESIDING OFFICER. The disabled, female or of Middle Eastern verse religious leaders from across the clerk will call the roll. descent, and yet they are all Ameri- The assistant legislative clerk pro- Nation. We have to ask ourselves: Why are we cans. We are all, in that important as- ceeded to call the roll. really being blocked from permitting pect, the same. Mr. KENNEDY. Madam President, I I will detail a heinous crime that oc- the Senate to address an issue which ask unanimous consent that the order curred in the State of Oregon in 1995. I we have already addressed and which is for the quorum call be rescinded. have spoken about this horrible crime in great need at home? And that is the The PRESIDING OFFICER. Without before in this Chamber. A 27-year-old objection, it is so ordered. hate crime issue. Stockton, CA, man murdered a Med- It is an outrage that Congress con- ford, OR, couple: Roxanne Ellis, 53, and f tinues to be AWOL in the fight against Michelle Abdill, 42. The women, who LOCAL LAW ENFORCEMENT ACT hate crimes. Hate crimes are terrorist ran a property management business OF 2001 acts. They are modern-day lynchings together, disappeared on December 4, designed to intimidate and terrorize Mr. KENNEDY. Madam President, as 1995, after showing a man an apartment whole communities. I understand it, the time between now for rent. He shot them both in the Our Attorney General in this past and 11:45 a.m. is equally divided, and at head. The bodies were left bound and year has said: 11:45 a.m., we will vote on the cloture gagged in the truck bed. The Stockton motion on the hate crimes legislation. Just as the United States will pursue, pros- man later confessed, saying he had tar- The PRESIDING OFFICER. The Sen- ecute and punish terrorists who attack America out of hatred for what we believe, geted the women because they were ator is correct. we will pursue, prosecute and punish those lesbians, and he figured they would not Under the previous order, the Senate who attack law abiding Americans out of ha- have families that would miss them. will now resume consideration of S. tred for who they are. Hatred is the enemy of I believe the government’s first duty 625, which the clerk will report. justice, regardless of its source. is to defend its citizens, to defend them

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5326 CONGRESSIONAL RECORD — SENATE June 11, 2002 against the harm that comes out of demonstrate the need for this legisla- ence in the identification and proof of hate. The Local Law Enforcement En- tion. If by having a hate crimes law hate-based motivations have often pro- hancement Act of 2001 is now a symbol that covered James Byrd, the Federal vided valuable investigative assistance that can become substantive. I believe Government was able to be helpful to to local authorities without usurping that by passing this legislation we can the officials of Texas, why not have a the traditional role of states in pros- change hearts and we can change hate crimes law that could have helped ecuting crimes. minds. the police officers of Wyoming to pur- We made a judgment, and even I have noted, starting Friday, con- sue and prosecute the case against though there were State laws, we were tinuing most of the day Monday and Matthew Shepard? This is about per- going to pass this because there was an today as well, that the opponents of mitting the Federal Government to important interest in doing it. this bill, I think, truly have an argu- show up to work. This is about the Fed- Can the Senator find anything more ment against the larger category of eral Government standing with the important than trying to attack the hate crimes. Their argument should American people and saying, as to basic core, the bias and hatred that not be the inclusion of these new cat- these values, as to opposing crimes so motivates people to commit these egories of Americans whose minority horrible and callous, we will stand crimes and make sure that we have a subjects them to greater vulnerability. united with law enforcement at every Justice Department that will be able to This is easy to demonstrate in crime level, locally and federally. fight this with both arms, rather than statistics. An argument can be made This is not an effort on the part of one arm tied behind its back? that hate crimes are inappropriate, the Federal Government to subvert Mr. SMITH of Oregon. I agree with that all crime is hateful. This is an ar- State law or local police processes. the Senator. We are in a war on ter- gument that has been made many This is an ability to enhance them, to rorism in this world. It is entirely ap- times and in several cases that have backstop them, to make sure we get propriate to focus on the war on ter- reached the U.S. Supreme Court, but the job done. It is a law that is 30 years rorism at home. President Bush has the Supreme Court has upheld the cat- old. It is a law that ought to be ex- proposed a more seamless process by egory of hate crimes. panded because of our experience. It is which we backstop as a Federal Gov- So the question for us then becomes: a law that we ought to vote on in its ernment local and State police and all Why not extend them to new categories final form when this week’s work law enforcement in our ability to proof Americans who are demonstrably comes to an end. tect the American people. more vulnerable to crime? I argue once Mr. KENNEDY. Will the Senator I believe government should help again that we should vote in the af- yield? Americans as it finds them. Where firmative to include these new cat- Mr. SMITH of Oregon. I am happy to there is a clearly demonstrated need, egories. I call on my colleagues to sup- yield. particularly as to gays and lesbians, we port it. The PRESIDING OFFICER (Mr. should show up to help. I believe the I have heard many arguments being EDWARDS). The Senator from Massa- Senator would agree with me that in propounded as to why we should not chusetts. the case of James Byrd, where this Af- proceed. I believe we should proceed. I Mr. KENNEDY. The Senator makes a rican-American brother was dragged to believe we should invoke cloture and very good point that Congress went on death in a hate crime, the Federal Gov- get on with a final vote on this bill. record 32 years ago that we were going ernment, because the statute permits I will say, in defense of my col- to have a Justice Department that was the category of race, was helpful. It did leagues, particularly our Republican going to prosecute hate crimes. We not subvert the local pursuit and pros- leader, TRENT LOTT, in the rare case have addressed that particular issue. ecution of the murderers of James when he would invoke cloture early on We have made the decision. Byrd. We backstopped it. We brought a bill, he was roundly criticized by our During the more than 30 years since the good offices and the resources and friends on the other side. I wish cloture the current hate crimes law was the expertise to be helpful to Texas in had not been invoked as quickly in this passed, the Federal Government on av- that case. case so we might have a better chance erage, has prosecuted only four hate Come with me to Wyoming, sir, and of winning this vote. I say to my col- crimes per year. By working coopera- you will talk to officers that intro- leagues, this may be their only vote. I tively, state and federal law enforce- duced themselves to me as Republican am given to understand that this bill ment officials have the best chance of police officers. They did not need to will be pulled down if cloture is not in- bringing the perpetrators of hate identity their party but their point to voked, and I think that is a very unfor- crimes swiftly to justice. this Republican Senator was that this tunate development, because the time Now, as the Senator points out, an- is not a partisan issue. They could have to do this is now, and the time to have other frequent argument we hear used the help. This became a case that effectively argued this is beginning against the hate crimes bill. Opponents so consumed Laramie, WY, that their Friday, Monday, today, and this week. argue that the law is unnecessary be- limited resources were simply ex- So I will be very disappointed, as one cause these crimes already are pros- hausted by one case. They would love who has been present each of these ecuted at the State level. In the past to have had the Federal Government days making this case, if this bill is thirty years, Congress has enacted doz- show up to work but the Federal Gov- pulled down because cloture is not in- ens of federal drug and gun laws that ernment was statutorily prohibited voked. criminalize conduct that already is il- from coming to help. There may well be some good ideas legal under state law. We didn’t pass Mr. KENNEDY. I ask the Senator one that could be brought forward, but I these laws because States were failing additional question, and we will hold think personally it is easy to distin- to their job, but rather because we be- our time with the agreement of the guish between the meritorious argu- lieved that the Federal government Senator to have the last 10 minutes. ments that can be made, such as some had an important role to play in help- Does the Senator believe the Federal that Senator HATCH has been making, ing States combat violent crime. Our Government has less of an interest in versus those that are designed to cre- motivation in passing the hate crimes combating hate violence against gays ate political TV ads and to pull down bill is no different. and lesbians than hate violence based this bill. It takes courage in the Senate The most important benefit of both on race? to push the case, to make the case, and state and federal criminal jurisdiction Mr. SMITH of Oregon. It has the to stay with the case until this body is the ability of state and federal law same interest in defending the Amer- has had time to work its will, but I fear enforcement officials to work together ican people regardless of their minor- that may not be allowed to occur now, as partners in the investigation and ity, their race, religion, their culture, which I regret. I wish more Senators prosecution of serious hate crimes. their sexual orientation, their dis- had come the last 3 days to argue on When federal jurisdiction has existed ability, their agenda. the merits of this bill. in the limited areas authorized by cur- It seems to me the government’s Every day I have entered a hate rent law, the federal government’s re- business is not to pick between who crime in the CONGRESSIONAL RECORD to sources, forensic expertise, and experi- among its citizens it will defend, but

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5327 that under the banner of equal protec- But, if this bill passes, it specifically sides to give us examples, if they know tion and due process we defend all citi- excludes the death penalty. It specifi- any, where local law enforcement, zens. As our founding documents make cally takes away those powers of the local prosecution has not done the job. clear, we are created equally. Federal Government as a tool to re- I am sure they may be able to come up Mr. KENNEDY. The Senator makes a solve some of these matters. with a few isolated examples, but I point on race, religion, on gender, sex- As everybody knows, I am not a big have not heard any yet. ual orientation, on disability. This leg- fan of the death penalty. I think it We have had only 1 day of debate on islation goes to the core of the bias and should be used very, very narrowly and this very important subject yesterday, hatred and addresses that. It gives the only under the most stringent of cir- and it was only a matter of a couple of Justice Department the tools to be cumstances. I think it is too widely hours. This is a bill that seeks com- able to prosecute those. I thank the used today. But it at least ought to be pletely to overhaul and vastly expand Senator. an option that a prosecutor can use to the role of the Federal Government in How much time remains? obtain confessions, cooperation from law enforcement. The attempt to pre- The PRESIDING OFFICER. There witnesses and, of course, use as a pen- maturely cut off debate on a bill of this are 11 minutes remaining and the other alty for those who commit really hei- magnitude makes a mockery of the side has 2 minutes remaining. nous crimes that are proven beyond a role of the Senate as a deliberative The PRESIDING OFFICER. The Sen- reasonable doubt. body. ator from Utah. On Friday, immediately after calling If the distinguished Senator from Or- Mr. HATCH. Mr. President, last Fri- up S. 625, the Democratic bill, the egon is correct, if cloture is not in- day, immediately after calling up S. Democratic leadership immediately voked today—and I do not believe it 625, the hate crimes bill, the Demo- filed for cloture, as though anybody should be—that this bill will be cratic leadership filed for cloture, I be- wants to filibuster this. I doubt seri- brought down, that would be a travesty lieve within 15 minutes after they ously that all 20 amendments would be because we could pass this bill by called it up. No one is filibustering this bill. In called up, but with a limited amount of Thursday. There is not a soul in this fact, there have only been 20 amend- amendments we could finish this bill body who is filibustering this bill, as ments filed to be considered. by Thursday, 2 days from now. far as I know. It just makes a mockery I expected this bill to be debated. We It is an important bill. Everybody ad- of the Senate as a deliberative body. I hoped the minority or anyone in the mits it. Why would you foreclose to think the rush to ward off amendments majority, who so chooses, who wants to me, the ranking member of the Judici- can only lead to the conclusion it was try to modify this bill and make it bet- ary Committee, the right to debate an done for sole purpose of thwarting any ter, would have the opportunity to do effective substitute that may improve meaningful debate and avoiding some so. We all know, if cloture is invoked, this bill and at least have a vote so tough amendments because there is a for the most part, all we can do is those who agree with me can have wide disparity of viewpoint here with make motions to strike. Almost every- their vote. regard to the death penalty. But even thing will be held to be nongermane I point out to my distinguished col- if you are against the death penalty, and therefore not debatable, unless we league from Massachusetts that it was you ought to realize the efficacy of get a supermajority to overcome the he and I who passed the Hate Crimes having it there as a threat to criminals point of order. Statistics Act in the early 1990s. I was against hate crimes—yes, against gays All we are asking is for our side to be the Republican Senator who came for- and lesbians, to select that category— given an opportunity to present ward and helped to get that done. they might have to suffer the ultimate amendments that may improve this This bill has proved effective in penalty because of what they have bill. showing there are hate crimes in our done. It is astonishing to me that cloture society. We know that if the two of us In most cases the death penalty will would be filed on a bill of this mag- got together, along with the distin- not be imposed, but it will be used to nitude, a bill that has been hotly con- guished Senator from Oregon, we could obtain confessions, pleas, and coopera- tested for very legitimate reasons, ba- probably resolve the conflicts so we tion from witnesses. sically for the purpose of foreclosing would not have to wait another 5 or 6 Again, I want to talk about the tele- any amendments on one side, including years to have hate crimes legislation vision show Law and Order. Although my substitute amendment, which I pass. But, no, there is no desire to try it is a fictional show, it really does por- think almost anyone would have to to resolve these matters. There is a de- tray how law enforcement uses the admit is a reasonable amendment. I sire to invoke cloture, cut off basically death penalty to obtain cooperation don’t know whether it would be accept- all effective debate and all amend- and confessions, to get people to testify ed as a substitute or not, but it ought ments including the amendment of the against others, including their co- to at least be debated and voted up or ranking member, cut off the amend- conspirators. If you really want to do down. ment with regard to imposing or at something about hate crimes, let’s do I filed an amendment yesterday that least requiring the death penalty, and it the right way and do it by amend- preserves the death penalty as an op- any number of other relevant amendment, amending this bill so the House tion in hate crime cases. It seems to ments. For what? Because they want will have to consider it. They are not me that is an option we would not want this bill at all costs, when they know going to accept this bill in its current to deny law enforcement. One would that the House leadership will not ac- form and Senator KENNEDY knows that. think you would want to give them cept it without further amendment. I know that. The distinguished Senator that additional prosecutorial tool in So it makes you wonder if this is not from Oregon knows that. hate crime cases that result in death of done primarily for political reasons in- I think Senator KENNEDY would agree the victim. stead of working together to try to with me that this bill deserves more We can cite countless cases where, come up with legislation that literally than a single day of debate—or I should because of the threat of the death pen- would work to resolve these problems. say 2 hours or so yesterday—before alty, because it is a statutory option, I agree with the distinguished Sen- Senators are precluded from filing people have pled guilty, accepted life ator from Oregon. There is no excuse amendments. imprisonment, and the matter was for anybody to abuse, mutilate, kill, or I agree wholeheartedly that Senator solved prior to trial, which preserves otherwise commit violent conduct KENNEDY’s bill, S. 625, is an important judicial resources. against anybody in our society, let piece of legislation and should be given We also know, that when the death alone gays and lesbians. I do not think consideration in the Senate. penalty is an option, in many cases law that is justified, that anybody could In the past I, too, have introduced enforcement officials can break down get away with that. And we ought to do legislation addressing hate crimes and one of the conspirators to plead guilty whatever we can to stop it. I intend to offer a viable substitute and to become a witness, and an effec- The fact remains that State and local amendment. tive witness at that, against the other law enforcement are dealing with the As someone who has remained inter- perpetrators of the heinous murders. problem. We have challenged the other ested in this issue, as Senator KENNEDY

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5328 CONGRESSIONAL RECORD — SENATE June 11, 2002 is and I am, I believe at a minimum I talking about. Take the Roxanne Ellis parole. Aaron McKinney was sentenced should have the opportunity to offer and Michelle Abdill case here. This is to two consecutive life terms. He amendments relative to the discussion the one that the distinguished Senator avoided the death penalty by agreeing of hate crimes and to this bill. This op- from Oregon, if I remember correctly, not to appeal the life sentences. Had portunity, of course, can only be en- was referring to. Roxanne Ellis and the death penalty not been there, who sured if today’s cloture vote fails and Michelle Abdill. The defendant was knows what would have happened? I the leadership then agrees to work this Robert Acremant, the jurisdiction was think they had the defendants dead to out. Let’s get a time agreement. Let’s Oregon. Acremant, shot Ellis and rights, but it certainly did help in both have limited amendments, and I think Abdill, a homosexual couple, to death of these cases to have the death pen- we can get our side to agree to that. as they lay gagged in the back of his alty available. I believe my amendments will in fact truck—truly a heinous, vicious, rep- Another case involved the homo- improve this bill as it reads currently. rehensible act. sexual couple, Gary Matson and Win- Moreover, I believe the majority of my What happened to this defendant? field Mowder. The defendants, Ben- colleagues not only want to consider Was he let go because the Federal law jamin Williams and James Williams, my amendments but would also ap- enforcement authorities and prosecu- shot Mr. Matson and Mr. Mowder to prove my amendments. Protecting the tors did not have this hate crimes bill? death. The death penalty was available safety and rights of all Americans is Not at all. The local law enforcement and the prosecution is ongoing in both the paramount concern to all Senators. brought him to trial and he received— cases. To not have a vote on the death pen- guess what—the death penalty. That In another Texas case, the defendant alty? For the first time, remove that as doesn’t sound to me like he is getting Mark Stroman was tried for shooting a consideration in these tough cases? If away with a hate crime. Vasudev Patel, an Indian man, after 9/ you really want to do something about Let’s go down through a few more. 11, because Stroman thought Patel hate crimes you ought at least to have James Byrd—we have heard a lot of looked middle eastern. The local offi- the death penalty on the books. about James Byrd and we ought to cials prosecuted the case and he re- There are, however, many differing hear a lot about it. It was a terrible, ceived the death penalty. thoughts about how to best provide the heinous act that was committed in In the case of Sasezley Richardson, protection. No one is threatening to fil- Texas by three defendants, Lawrence an African-American, Jason Powell and ibuster this bill. Relying on unsubstan- Russell Brewer, John William King, Alex Witmer fired 12 shots at him in an tiated rumors of machinations to file Shawn Allen Berry. attempt to ‘‘earn’’ a spider web tattoo numerous irrelevant amendments is in- They beat Mr. Byrd, an African- from the Aryan brotherhood. The de- sufficient justification to cut off de- American, unconscious. They chained fendant Witmer drove the truck from bate. The fact is, only 20 amendments him to the back of a pickup truck and which Powell fired 12 shoot at Richard- were filed yesterday. dragged him for miles down rural son. Because the death penalty was My colleagues and I are trying to en- roads. That is what all three of these available, Powell pled guilty and testi- gage in a sincere debate on this issue heinous criminals did. What happened fied for the State in order to avoid the that affects all Americans. It is curious to them? Let me tell you. Because the death penalty. He was sentenced to life to me why the Senate Democrats are death penalty was available, Shawn in prison without parole. In the case of trying to block a substantive debate on Allen Berry pled guilty and became a Alex Witmer, the death penalty was hate crimes. By preventing relevant witness against the other two, who available, and he pled guilty and was amendments from being offered and both received the death penalty. That sentenced to 85 years in prison. What if considered, the Democrats are shutting doesn’t sound to me like the Federal that death penalty had not been avail- the door on any Republican ideas or al- Government was needed in that case. able? Who knows whether they could ternatives, however constructive they The fact of the matter is, the State have convinced one defendant to tes- may be. At least we should be entitled and local officials said: Enough is tify against the other. to a vote on a limited number of enough. We are not going to tolerate The next chart begins with the case amendments. We could agree to that. this kind of activity, this type of ac- of Amanda Milan, who was stabbed to Every Senator has the right to con- tion. The death penalty, because it was death for being a transgender woman. sider, thoughtfully, legislation that available for these crimes—a defendant The defendants in this case were will have a significant impact on the pled guilty and was sentenced to life in Duayne McCuller and Eugene Celestine way serious crimes are prosecuted in prison without parole. The other two in New York. this country. By filing for cloture pre- defendants received the death penalty. In this case Eugene Celestine gave maturely, the leadership is denying all All we ask is that we be permitted to McCuller the knife with which to kill Senators the right to debate and have offer my substitute amendment which Milan. The prosecution is currently on- a vote on issues that are important to preserves the death penalty. I can’t going, and both are facing the possi- them and the constituents of their imagine that amendment would fail on bility of life in prison. States. Simply stated, it is wrong to this bill and it would improve this bill In another case, the victim, Billy foreclose debate on this very important by leaps and bounds. Jack Gaither was bludgeoned to death bill. Matthew Shepard, we have heard a because he was homosexual. The two I ask the Democratic leadership to lot of talk about Matthew Shepard and defendants, Mullins and Butler, at- rethink their strategy and unreason- yes, State prosecutors and law enforce- tacked Gaither with an ax handle, slit able position. I strongly urge Senators ment, who believe, as we do, that hate his throat, threw him on the top of a to oppose cloture on this bill. I agree crimes should be prosecuted. In the pile of tires, and set him on fire. with my colleague from Massachusetts, Shepard case, the two defendants were Because the death penalty was avail- every hate crime is a tragic reflection Aaron McKinney and Russell Hender- able, Mullins pled guilty prior to trial on our society and we need to address son. They kidnapped Shepard, a homo- and was sentenced to life in prison the problem. But no one has made the sexual college student, beat him so se- without parole. Butler was sentenced case to me that the local authorities verely that his skull was fractured a to life in prison without parole only be- are not effectively prosecuting these half dozen times, tied him to a fence cause the victim’s parents requested cases. We have asked them to. I believe post and left him to die. The defendant that the prosecution not seek the the proper role of the Federal Govern- Henderson drove the truck into which death penalty. But because it was ment is to assist, not supplant, local Shepard, a homosexual college student available, they were able to bring these law enforcement authorities. That is was lured, helped tie him to a fence— cases to conclusion and these two hei- the approach I have taken in my alter- and at least stood by while Shepard nous criminals were sentenced to life native, which will not even be able to was beaten senseless. because neither wanted to go through a be considered if cloture is invoked What happened? Henderson pled trial where they knew they could get today. guilty in order to avoid the death pen- the death penalty. By obtaining pleas Let me just take a moment to review alty. He was sentenced to two consecu- prior to trial, the prosecutors saved some of these cases that we have been tive life terms with no possibility of scarce taxpayer dollars.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5329 In a Virginia case, Danny Lee Over- ual orientation is not. Disability is not This is the time. Twice Republicans street, was killed by the defendant, protected. Neither is gender. Even in rejected the opportunity for debate on Ronald E. Gay when Gay went on a the amendment offered by the Senator relevant amendments. We know what shooting rampage in a gay bar, killing from Utah, he excludes gender. The Re- is happening. This is the vote. This is Overstreet and wounding six others. publican leadership of the House of the time. We want to make it very Because the death penalty was avail- Representatives will not take protec- clear, and I am hopeful that we get clo- able, he was sentenced to four life tion of sexual orientation. Those are ture. If we do not, I want to give the terms. the facts. Sometime, some day, we assurance to the Senator from Utah I have a lot of empathy for those on have to deal with the realities. that we are going to be back again and the other side of this issue at this time This has been out there for 5 years. again. who want to pass legislation to address We have the support of 22 attorneys So have no fear about not addressing some of these hate crimes. They would general. We have the support of the this issue because this is just the be- like to give the Federal Government former Attorney General of the United ginning, and we are going to continue more authority. I am not against that. States, Dick Thornburgh, who under- the battle through this session. But I would like to have a bill that will stands the importance of this legisla- The PRESIDING OFFICER. The Sen- pass both Houses. I would like to have tion. There is a need out there. You are ator from Utah is recognized. a bill that will go to work tomorrow, not going to get that kind of inclusion, Mr. HATCH. Mr. President, I have or the next day, or 2 months from now, those kinds of protections, in terms of heard all this rhetoric before. We have when it passes both Houses and is gender, under the amendment of the been working on this for 5 years. The signed by the President, which will Senator from Utah, and you will not distinguished Senator from Massachu- really do something about these get it under the Republican leadership. setts knows that we put together some crimes. I want a bill where there is a Those are the facts. We have the list of the most important legislation in threat of the death penalty so we can of the amendments. We have an anti- history—he and I. He knows darn well that this bill isn’t going anywhere if it get pleas and save the taxpayers’ abortion amendment by the Senator passes in its current form. He knows money. from Pennsylvania here. Relevant Frankly, these cases are important amendments. The list goes on. The darn well that it sounds good to make cases. In almost every case that the leader asked for the ability to do that. all these political points, but I would like to pass something. I would like to proponents of this piece of legislation At some time we have to take action. do something. I would like to have bring up—in almost every case—the We know what this is really all something that works. I am willing to State and local law enforcement—in about. We have had this for 5 years. We passed it 57 to 42 last year and were de- do it in a Federal way. fact, in every case, to my knowledge— The Senator seems to be saying, take nied the opportunity to get this out of they have done the job. My substitute his viewpoint about this or take noth- the conference because of the Repub- amendment would give them the tools, ing, which is what we have done for the lican leadership in the House. the money, and so forth to do the job last 5 or 6 years. He knows darn well The real question is, Are we going to even better. that I will work on the bill with him. take the action now? How long do peo- I would like the opportunity as rank- We have discussed this in private. ing member of the Judiciary Com- ple have to wait to get this protection? I don’t like what is going on in our mittee to be able to offer some amend- They have waited 5 years. We have a society any better than he does, but I ments that should have votes. If I lose, lot of pious statements here about the challenge him to show me where State I lose. If I win, I win. But the fact of need for protection for American citi- and local law enforcement are not the matter is that we ought to at least zens on the basis of sexual orientation doing the job. Explain to me why he have this opportunity to debate it. and disability and gender. Yet we would not have the death penalty to I reserve the remainder of my time. refuse to address it or pass it. help law enforcement and the prosecu- The PRESIDING OFFICER. The Sen- That is the question and the issue. It tors to obtain pleas, cooperation from ator from Massachusetts. is domestic terrorism. These are crimes witnesses, and to have witnesses tes- Mr. KENNEDY. Mr. President, how based upon hate and prejudice that tify against their coconspirators, much time do I have left? ruin not only the individual but the which conserves judicial resources. The PRESIDING OFFICER. Eleven community and the Nation. That is He says that if the States want to minutes. what we are talking about. Trying to prosecute hate crimes, they can seek Mr. KENNEDY. I yield myself 4 min- dismiss this as routine kinds of inves- the death penalty. The fact is, we are utes. tigations isn’t what this is about. The taking these matters away from the With regard to the procedure, there Senator from Utah understands that. States and saying the Federal Govern- have been two occasions when the ma- That is the question—whether we are ment ought to prosecute these crimes jority leader has requested that we going to be prepared to take those where there will be no death penalty. I have a debate on this legislation and steps to provide the limited but ex- feel embarrassed to have to talk about have relevant amendments. That proc- tremely important opportunity to the death penalty because I am not ess and that procedure were objected to make sure we are going to do some- real enthused about it. I don’t want it by the other side. thing. applied, except in the most stringent of First of all, during the more than 30 How about sending a message to circumstances. There has to be abso- years that the existing hate crimes those people out there in terms of the lute guilt, and the crime has to be so statute has been on the books, the fed- potential of hate-motivated crimes? We heinous as to justify it. eral government has never tried a hate sent them a message when we passed Look, I would be willing to put sex- crime case in which it sought the death the church burning legislation. We sent ual orientation in my bill. I don’t want penalty. There is nothing in our bill a powerful message, and that virtually every rape to be considered a federal that prohibits a State with the death stopped. How about doing the same hate crime. I don’t want every criminal penalty from seeking that punishment thing with regard to hate crimes be- sexual act to be considered a federal if the State decides to prosecute the cause of sexual orientation or gender hate crime, leading to the possibility hate crime. The fact remains that or disability? What is the other side of being brought before the Federal nothing in our bill would allow the fed- scared of? courts. On the other hand, I am cer- eral government to take jurisdiction They say we are going to federalize tainly willing to talk about com- away from a State that wants to pros- another thing. Well, they found 37 promises. ecute a hate crime and seek the death other provisions they are glad to fed- The charts we just went through penalty. eralize, but not this kind of protection. show that the criminals are being pros- It is interesting. During this debate, As the Senator from Oregon said, ecuted. The crimes against gays and we know exactly what our situation is. this protection is rooted in animus, the lesbians are being prosecuted. State If you talk about race, national origin, basic hatred that motivates these and local law enforcement are bringing and religion, they are protected, if they kinds of crimes. The question is, Are the appropriate prosecutions. The dis- fall within the six categories. But sex- we going to do something about it? tinguished Senator said ‘‘let’s send a

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5330 CONGRESSIONAL RECORD — SENATE June 11, 2002 message through this legislation’’ if We know that justice should be blind. The Federal system is not immune nothing more. I would like to do that. But, unfortunately, in the Federal from the use of this coercive tactic or I would like to get a bill that we can death penalty system, it appears that the other flaws that result in the risk pass. I would like to get a bill that the justice is not always blind. A report re- of executing the innocent in the state House will accept—instead of accusing leased by the Justice Department in systems. According to the Federal the House of not having the same in- September 2000 showed troubling racial Death Penalty Resource Counsel terests at heart than the Senator from and geographic disparities in the ad- Project, since the death penalty was Massachusetts. ministration of the Federal death pen- re-enacted in 1988, approximately 3 per- No one is arguing that hate crimes alty. The color of a defendant’s skin or cent of persons the Justice Department are not a problem. We have never de- the Federal district in which the pros- has attempted to execute may have nied that hate crimes are occurring. ecution takes place can affect whether been factually or legally innocent. Nobody can deny that. I want to get rid a defendant lives or dies in the Federal In one case, David Ronald Chandler of them as much as anybody. No one system. Former Attorney General claimed his innocence throughout the feels more strongly on this issue than I Janet Reno ordered a further analysis trial and the appellate process. Chan- do, whether they support S. 625 or not. of why these disparities exist. And At- dler believes that the real triggerman No one—least of all me—is suggesting torney General Ashcroft has agreed to made a deal with the government to that hate crimes are not a problem, or continue this study. testify against Chandler, and in return that we as an institution should stand We have not yet seen the results of the government would not seek the by and do nothing about hate crimes. this study, nor have we had the oppor- Federal death penalty against the That is why I intend to offer an amend- tunity to review and understand what triggerman. But the triggerman later ment to S. 625 that provides an alter- the results might mean for the fairness recanted his testimony. Luckily for native approach to helping in the fight and integrity of our Federal justice Chandler, President Clinton commuted against hate crimes. I am willing to sit system. While this important study is his death sentence to life. But how down with the Senator and see if we underway, Congress should not create many other defendants who have can work out something that will pass even more death-eligible crimes. claims of innocence will not be so both bodies. The tremendous record of I also strongly disagree with Senator lucky, or feel forced to accept a life State and local prosecutions of hate HATCH’s claim that the availability of sentence? I don’t know the answer to crimes suggest to me, however, that the death penalty ensures efficient and that question. None of us do. And that States are doing a great job policing reliable prosecution and conviction of is why a thorough, top-to-bottom re- these types of cases. those who commit hate crimes. view of the death penalty system at In my view, a measured, appropriate, We know that levying death has an the State and Federal levels is needed. and constitutional Federal response immensely coercive effect on the ac- Until such a comprehensive review should be directed at helping States cused. The accused who wants to live has been undertaken, and the nec- that ask for our assistance. Nobody is and does not have the resources to essary work has been done to ensure arguing that existing Federal law is mount a ‘‘dream team’’ defense may fairness and justice, Congress should adequate. No one contends that we feel little choice but to accept what- refrain from expanding the Federal should rest on the existing Federal ever deal for less than death that the death penalty. Congress can ensure hate crimes statute. We can all agree prosecution offers. This can happen in that perpetrators of crime are effec- that the Federal Government should do situations where the accused is less tively punished without resorting to more than what 18 U.S.C. 245 currently culpable than other defendants, or capital punishment. provides. worse yet, innocent of the charges alto- I urge my colleagues to join me in That is why I will offer an amend- gether. opposing Senator HATCH’s amendment. ment to S. 625 that provides for an al- I am very troubled by the practice of The PRESIDING OFFICER. The ma- ternative approach to help in the fight some prosecutors who may use the jority leader. against hate crimes. The record is prospect of the death penalty to coerce Mr. DASCHLE. Mr. President, I will clear. I have always been open to fixing a defendant, including a defendant who use leader time to make my remarks 18 U.S.C. section 245 through amend- may be innocent, to accept guilt and a this morning. ments. plea bargain. I appreciate the debate we have had The PRESIDING OFFICER. The time A case involving defense representa- on this issue now for the last couple of controlled by the Senator from Utah tion from my state illustrates how this days. I am struck by a couple of issues. has expired. coercive tactic undermines the integ- First, I am struck by the number of Mr. FEINGOLD. Mr. President, I rise rity of the justice system. It involves hate crimes that occur every day. We today to oppose the amendment offered Christopher Ochoa, who confessed to a are told there are over 20 hate crimes by my colleague from Utah, Senator rape and murder out of fear of facing committed in the United States every HATCH, to amend the penalty section of the death penalty in Texas. Mr. Ochoa day—every day. The Southern Poverty this bill to include the possibility of a was released a little over a year ago Law Center estimates the real number death sentence. after serving 12 years of a life term in may be 50,000 a year. That comes out to This amendment is a step in the Texas. Mr. Ochoa won his freedom as a five an hour. wrong direction. result of the persistence, hard work, In the time we have had the debate Let me be clear. Those who commit and skill of students and professors at just this morning, according to those crimes, including acts of violence that the Innocence Project at the Univer- statistics, 15 to 20 hate crimes have are motivated by hate, should be pun- sity of Wisconsin-Madison Law School. been committed in this country—in ished and punished severely. Federal According to the Wisconsin State just the time the Senate has been in law enforcement has an important role Journal, police arrived to question Mr. session this morning. to ensure that hate crimes are inves- Ochoa in November 1988. Mr. Ochoa, If there is such a good job being done tigated and prosecuted to the fullest who was 22 years old at the time, was across this country as we deal with extent of the law. And if death results ‘‘harangued with grisly details of the that volume, I would not be able to say from a hate crime, Senator KENNEDY’s crime, many of them false. A burly ser- that with any authority this morning, bill provides for the full weight of the geant told him he would be ‘fresh meat’ but the volume is there. That leads me law to be brought to bear on that indi- in prison, pounded tables and dem- to the second point. vidual. It does so by providing for a onstrated where the death needle The second point is that behind each maximum sentence of life in prison would pierce his arm. Ochoa con- one of those statistics is a human without the possibility of parole. fessed.’’ In a forum at the University of being, a face, a story, a tragedy. That At a time when Americans are in- Wisconsin after he was released, he is, in essence, what this debate is all creasingly recognizing that the current said, ‘‘I don’t think people can say about—to end the tragedy in this coun- death penalty system is broken, this is what they would have done until try. not the time to expand the Federal they’re in that situation.’’ He said, As I consider the options we have death penalty. ‘‘Basically, I was terrified.’’ available to us legislatively, I consider

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5331 those options as they must have ex- fighting against this hate crime, ter- backed off and we vitiated the cloture isted during the civil rights debates of rorism, have what they need in terms vote. the fifties and sixties, and I am sure of pay, quality of life, weapons, and so- Even at the beginning of the last when we considered the civil rights phisticated equipment they need to do Congress when it was 50–50, under S. issues in the fifties and sixties there the job. Res. 8, the organizing resolution, we were all kinds of reasons it was not the While, obviously, this issue can be agreed specifically in the rule that clo- time to deal with civil rights laws; it scheduled at some point—and I assume ture motions could not be filed before was not the time to come to closure on it will be scheduled—it certainly is one 12 hours of debate had taken place. how to address the rampant racism in which there is not an emergency fac- When the majority changed, that rule that existed in the country at that ing us right now. I wanted to raise that went by the board, but the principle time. point. was there. Why was it good when we Finally, it took leadership, it took We do not even have a budget resolu- were 50–50 but not good when it is 50–49 resolve, it took bipartisan consensus tion. We are 2 months behind getting a and 1? This is not partisan. I have and, ultimately, it took a willingness budget resolution this year. It is just made this mistake. I think it is a mis- to commit to a bill. We passed the civil being ignored: No budget resolution. take. We should not do this. rights acts of the fifties and sixties, No 2003 numbers to which we have This cloture motion was filed after 12 and today we are the better for it. agreed. No policies. No enforcement minutes, not 12 hours. This bill was Who today would say we are going to mechanisms. How are we going to do called up and within 12 minutes a clo- repeal those laws? They have been on the appropriations bills? What possible ture motion was filed. This is not the the books, they have worked, and we restraint can be provided for the rank- way to do business. We are prepared to take credit for the fact they have. ing members and the chairmen of the debate this issue, consider legitimate, This is our moment when it comes to subcommittees on appropriations? substantive amendments, and any hate crimes. This is our time to tell The law requires we do the budget other amendment for certainly a rea- the Matthew Shepards of the world resolution by April 15. We do not have sonable period of time. This is cutting that we are not going to tolerate that it. We do not know when we are going off members of committees of jurisdic- anymore; that we are better than that; to have it. Apparently, we are never tion. This is cutting off all Senators. It we are bigger than that. going to have it. is a mistake. We made the mistake last Just as we addressed racism in the The Defense authorization bill was week. We should not make the mistake past, we have to address the prejudice reported out of the committee May 15. now. against sexual orientation today. This While there were votes against it, it On my side of the aisle, it would be a is our chance. This is our moment. was a bipartisan vote. What is the message that we are not going to pre- This is our Civil Rights Act for the problem? There is obviously a weapons maturely cut off debate. Give it a little year 2002. We are not going to have system that is causing some consterna- time. It works on both sides of the many more. Let’s seize this oppor- tion. Sooner or later we are going to aisle. I urge my colleagues to vote tunity. Let’s seize this moment. Let’s have to address that issue—sooner against this cloture motion. Let’s have send a clear message. Let’s end those rather than later, I hope. some amendments offered. Let’s spend terrible statistics. We can do it when With regard to this particular issue, I some time making sure we do not get we vote on cloture in a matter of mo- know how tough it is being majority ourselves trapped in the same situation ments this morning. leader and dealing with protracted de- we did last Thursday night, which was I yield the floor. bate and amendments. We saw last not pretty for this institution. The PRESIDING OFFICER. The Re- week what happens when we have a I yield the floor. publican leader. prematurely filed cloture motion. Mr. WELLSTONE addressed the Mr. LOTT. Mr. President, I yield my- Tactically, one may think: I have to do Chair. self time under my leader time that it because I have to bring this to a con- has been reserved. clusion. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The lead- We saw last Thursday night what ator from Massachusetts controls the er has that right. happens when cloture is invoked and time. Mr. LOTT. Mr. President, I do not in- we cut off debate and amendments. Un- Mr. KENNEDY. I yield the Senator tend to get into the details now and a less it is very tightly germane, it is not from Minnesota 2 minutes. discussion on the substance of the bill in order. So at midnight last Thursday Mr. WELLSTONE. I thank the Sen- except to say this: The greatest hate night, we were trying to figure out how ator. crime of all that we should be dealing do we conclude the supplemental ap- Mr. President, I disagree with my with right now is the hate crime of ter- propriations bill, again, for defense and colleague, the minority leader. It is al- rorism against America and free and homeland security. Amendments were ways an emergency when brutal crimes innocent peoples all over the world who being knocked out right and left, prob- are committed against people because have been attacked by terrorists—3,000 ably amendments that were worthy of their sexual orientation or gender or approximately killed on 1 day, Sep- and should have been taken but were because of disability. tember 11. There is where our focus not germane. I think it is an emergency for our should be. We are about to do that here. We country when someone such as Mat- I am disappointed at the timing of made the mistake last week, and now thew Shepard is brutally murdered. I this legislation, to say the least. We we are about to make the mistake think it is an emergency for our coun- should be focused on the war on terror. again this week. We are going to cut try when what we say to people is not We should be taking up the Defense au- off amendments. As a matter of fact, a just that they are a victim or that we thorization bill. We should have al- substitute amendment by the ranking dehumanize people but, rather, we say ready taken it up. Normally we deal member of the committee of jurisdic- to many citizens in our country, by with the Defense authorization bill in tion, Senator HATCH, would be non- gender or sexual orientation, because May; certainly the early part of June. germane postcloture. It is not a ques- they are a gay or because they are a Now it appears to me there will be no tion of trying to stop unrelated amend- lesbian, they are next. Hate crimes vio- way to get to the Defense authoriza- ments. This is an amendment that even late not only our Constitution but they tion bill before probably next Tuesday deals with the substance of the issue. destroy our oneness as a people. They at the earliest, and maybe later. Until Why are we doing that? diminish us as a country. They take we do that, we cannot begin on the reg- I used to file cloture motions perhaps away from what is best in our Nation. ular appropriations bills, the first of prematurely, and I was royally pil- I insist, as a Senator from Min- which should be the Defense appropria- loried by the other side of the aisle: nesota, that this is an emergency and tions bill. We need to make sure our Why did you file a cloture motion so that we should pass this legislation and men and women in uniform and our law prematurely? You shouldn’t do that. that this legislation must not be enforcement officials all over this Most of the time I realized it was blocked. If it were your loved one who country and all over the world who are probably a mistake, and on occasion, I had been murdered, if it were your

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5332 CONGRESSIONAL RECORD — SENATE June 11, 2002 loved one who were a target of these entation. The Local Law Enforcement requires grant applicants to coordinate hate crimes, you would consider it an Enhancement Act would expand the with affected community groups, emergency and you would want us to definition of hate crimes to include schools, and colleges and universities. pass this very important legislation. those committed because of the vic- In addition, this bill gives the Justice I urge my colleagues to vote for clo- tim’s sexual orientation—in addition Department jurisdiction over crimes of ture. to a victim’s gender or disability. violence involving bodily injury, if mo- Mr. SARBANES. Mr. President, I rise A hate crime may meet the federal tivated by a person’s actual or per- today to express my support for the definition of ‘‘hate crime’’ yet the fed- ceived race, color, religion, national Local Law Enforcement Enhancement eral government is still powerless to origin, gender, sexual orientation, or Act of 2001, and my disappointment aid in its prosecution. For example, in disability, if it meets both the inter- that the Senate failed to invoke clo- the wake of the terrorist attacks of state commerce and certification re- ture on this important legislation September 11th, our Nation has strug- quirements in the underlying statute. today. As a cosponsor of Senator KEN- gled to prevent discrimination and acts Lastly, the bill amends the Hate NEDY’s bill, I believe it is crucial that of violence against Arab-Americans. Crimes Statistics Act to include gender we pass hate crimes legislation in an Despite the resolve that most Ameri- and requires the FBI to collect data expeditious manner in order to provide cans have shown in that regard, trag- from states on gender-based hate the government with the tools it needs ically, crimes have occurred. On Sep- crimes in the same manner that it cur- to prosecute the many senseless bias- tember 15, 2001, Balbir Singh Sodhi, a rently collects data for race, religion, motivated crimes that occur in our Sikh-American, was shot and killed at sexual orientation, disability, and eth- country each year. In the past several his gas station in Mesa, Arizona. This nicity. decades we have made significant tragic incident was the most serious of The number of reported hate crimes progress in reducing discrimination, several attacks against people of Mid- has grown by almost 90 percent over yet more needs to be done. This legisla- dle Eastern and South Asian descent the past decade and we cannot afford to tion is an important step toward end- who were targeted in the aftermath of ignore this growing problem. The re- ing the scourge of hate crimes that the terrorist attacks. Although reli- cent hate-motivated crimes in my continues to plague our Nation. gion and national identity are already state of Washington demonstrate the Data gathered under the Federal protected under current law, the hate destructive and devastating impact Hate Crime Statistics Act about the crimes legislation before us would give hate crimes have on individual victims prevalence of these crimes is sobering. the Federal government enhanced au- and entire communities. On May 9th, Beginning in 1991, the Act requires the thority to investigate and prosecute 2002, Patrick Cunningham pled guilty Justice Department to collect informa- these types of crimes. to the September 13, 2001 attack of an tion from law enforcement agencies Despite the progress towards ending Islamic Idriss Mosque in Seattle. Mr. across the country on crimes moti- discrimination over the past decades, it Cunningham doused two cars with gas- vated by a victim’s race, religion, sex- is undeniably clear that raw hatred and oline in the mosque parking lot in an ual orientation, or ethnicity. Congress its tragic consequences continue to attempt to destroy the mosque and expanded the Act in 1994 to also require exist in our Nation. Strengthening the harm worshipers inside. Cunningham the collection of data for crimes based Federal government’s ability to pros- also shot at the worshipers after being upon the victim’s disability. For the ecute hate crimes is an important step discovered. Just a few days later, on year 2000, 11,690 law enforcement agen- towards the eradication of hate crimes September 18, 2001, Kulwinder Singh, a cies in 48 states and the District of Co- in our country. Mr. President, I urge Sikh cabdriver in Seatac, Washington, lumbia reported 8,063 bias-motivated my Senate colleagues to bring the was harassed and physically assaulted criminal incidents (8,055 single-bias Local Law Enforcement Enhancement by a passenger. and 8 multiple-bias incidents) to the Act back to the floor of the Senate and This legislation takes important FBI. The incidents consisted of 9,430 to join me in supporting this important steps to ensure that crimes motivated separate offenses, 9,924 victims, and hate crimes legislation. We have an in- by the victim’s race, gender, sexual ori- 7,530 distinguishable offenders. Accord- valuable opportunity to make a state- entation, disability or religion can be ing to the data collected, 53.8 percent ment that the United States govern- prosecuted to the full extent of the of the 8,055 single-bias incidents were ment will not tolerate crimes moti- law, and it removes the artificial limi- motivated by racial bias, 18.3 percent vated by bigotry and prejudice, and I tations that currently keep local law by religious bias, 16.1 percent by sex- look forward to the day when there is enforcement from getting needed as- ual-orientation bias, 11.3 percent by no longer a need in our Nation to legis- sistance. The Hate Crimes Act provides ethnicity/national origin bias, and 0.5 late such changes. the necessary complement between percent by disability and multiple bi- Ms. CANTWELL. Mr. President, I state and federal law enforcement offi- ases. would like to take this opportunity to cials in order to ensure that perpetra- The Local Law Enforcement En- express my strong support of the Local tors of hate crimes are brought swiftly hancement Act is carefully tailored to Law Enforcement Act of 2001, the to justice. The federal government’s re- ensure a state’s ability to prosecute ‘‘Hate Crimes Act.’’ The Hate Crimes sources, forensic expertise, and experi- hate crimes, but it provides the Fed- Act is a bill whose time has come. I ence in the identification and proof of eral government with additional tools would like to commend Senator KEN- hate-based motivations have often pro- to prosecute hate crimes should a state NEDY for his long, hard work to pass vided invaluable addition to the impor- be unable to do so. The legislation ex- this important legislation, and I am tant work conducted by local inves- tends the Federal law to prohibit hate happy to have the opportunity to vote tigators. One need only remember the crimes against victims because of their for it today. brutal killing of James Byrd in Jasper gender, sexual orientation or dis- The Hate Crimes Act creates an County, Texas to understand the bene- ability. In addition, the legislation al- intergovernmental assistance program fits of an effective hate crimes inves- lows Federal prosecution of hate which would provide technical, foren- tigative partnership between state and crimes wherever they occur and under sic, prosecutorial and other forms of federal authorities. This partnership is whatever circumstances, thus broad- assistance to state and local law en- also crucial to the work of the Na- ening the previous requirement that forcement officials for hate crimes tional Church Arson Task Force and to the hate crime occur while the victim based on race, color, religion, national the increase in the number of hate is engaged in a ‘‘federally protected ac- origin, gender, sexual orientation and crimes solved by arrests and prosecu- tivity.’’ disability. The bill authorizes the Jus- tions. The need for these limited changes in tice Department to award grants of up I believe that the Hate Crimes Act is existing Federal hate crimes laws is to $100,000 to state, local, and Indian necessary to ensure that violent hate clear. For example, according to the law enforcement officials who have in- crimes based on sexual orientation, Justice Department, 16.1 percent of the curred extraordinary expenses associ- gender, or disability do not go hate crimes committed in 2000 were ated with investigating and pros- unpunished. Every year, a significant motivated by the victim’s sexual ori- ecuting hate crimes. This legislation number of hate crimes are perpetrated

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5333 across our nation based on anti-gay are different or warrant a stiffer re- In Palmdale, CA, a public high school bias. Current law, however, leaves the sponse. Moreover, the U.S. Supreme found a notice threatening a ‘‘mas- federal government without the au- Court had unanimously ruled that bias- sacre’’ to avenge the terrorist attacks, thority to work in partnership with inspired conduct inflicts greater indi- complete with the names of five Mus- local law enforcement officials or to vidual and societal harm. lim students who would be targeted. bring federal prosecutions when gay I share Senator KENNEDY’s concerns In Lancaster, CA, Gerald Pimentel, a men or lesbians are the victims of mur- regarding hate crimes, and I have con- Hispanic man, was attacked after he der or other violent assaults because of sistently supported hate crimes legisla- was mistaken for being Iranian. Two bias based on their sexual orientation. tion, from the time I was in the Wash- men bumped his car three times while This Act would fix the inadequacies ington state House of Representatives he was driving. His car was then in pre-existing federal law, which be- to now. There are nearly 8,000 hate blocked, and the men began yelling and came painfully apparent in the vicious crime incidents reported annually each running toward him. They chased him murder of Matthew Shepard in Lar- year. The Hate Crimes Act sends a through his yard and into his home. amie, Wyoming, and the subsequent in- clear message that violence against a When he tried to defend his family, vestigation and prosecution of his as- person based on skin color, sexual ori- they beat him. ‘‘They’d been calling sailants. The lack of federal funding entation, or religion will not be toler- him an Iranian,’’ Gerald’s daughter caused significant financial hardships ated anywhere in this country. The bill later said. ‘‘I couldn’t understand why. on the local sheriff’s department in its will provide broader federal jurisdic- You know, my dad is not Iranian. They efforts to bring Matthew’s killers to tion to prosecute hate crimes, includ- just kept hitting and hitting my dad,’’ justice, and, as a result, five law ening crimes motivated by race, color, re- she said. forcement staff members were laid off. ligion, gender, sexual orientation, and The FBI has investigated over 300 in- In response, this bill amends the crimi- disability. Broadening federal jurisdic- cidents since September 11 in which in- nal code to cover hate crimes based on tion will allow effective prosecution dividuals perceived to be Muslim or of sexual orientation and authorizes even when hate crimes are committed Middle Eastern decent have been at- grants for state and local programs de- in states that lack hate crime statutes, tacked or threatened because of their signed to combat and prevent hate or where local law enforcement lacks religion or national origin. crimes. the resources for this type of prosecu- President Bush moved swiftly to pro- This legislation would have a meas- tion. Additionally, the bill will provide tect Muslims and Arab-Americans from urable impact in my state of Wash- federal grant money to states to better hate crimes and sent out a message ington and help prosecute the growing enable these jurisdictions to success- that this nation will not tolerate such string of hate-based attacks targeting fully prosecute hate crime offenders. attacks against any Americans. individuals’ sexual orientation. On We cannot afford to wait any longer to The President implored, ‘‘In our April 6, 1995 in Olympia, Washington, pass this vital legislation. Our sons and anger and emotion, our fellow Ameri- four young adults brutally assaulted daughters, brothers and sister, mothers cans must treat each other with re- Bill Clayton, an openly bisexual high and fathers depend upon this Act to en- spect . . . Those who feel like they can school student, and his friends who sure full protection of their right to be intimidate our fellow citizens to take happened to be walking with him. Just free from hate-motivated crimes. I out their anger don’t represent the best two months after the assault, the sev- urge my colleagues to support this bill. of America, they represent the worst of enteen-year-old committed suicide. Mrs. FEINSTEIN. Mr. President, I humankind . . . ’’ Prior to his suicide he had explained to am pleased to join my colleagues in ex- Attorney General John Ashcroft reit- his mother that he was just tired of pressing my strong support for The erated the President’s message by coping, and that it was the constant Local Law Enforcement Act of 2001, warning that, ‘‘We must not descend to knowledge that any time he could be legislation of which I am an original the level of those who perpetrated attacked because he was bisexual, that cosponsor. [September 11th] violence by targeting despite the love of his family and Popularly known as The Hate Crimes individuals based on race, religion or friends, all he could see ahead of him Prevention Act, this legislation would: national origin.’’ was a lifetime of facing a world filled expand current federal protections Now, it is the Senate’s turn to speak with hate and violence, going from one against hate crimes based on race, reli- out. We can, and must, do more to pre- assault to another. We cannot let our gion, and national origin; amend the vent these types of hateful threats and citizens live in fear for their safety, criminal code to cover hate crimes acts of violence, and passing The Local knowing that their attackers will not based on gender, sexual orientation, Law Enforcement Enhancement Act be prosecuted to the full extent of the and disability; authorize grants for would do just that. law. This legislation is necessary to fill State and local programs designed to I have seen, first-hand, the dev- the current void to ensure vigorous combat and prevent hate crimes; and astating impact hate crimes have on prosecution of individuals who per- enable the federal government to assist victims, their families and their com- petrate a hate crime. The extra federal State and local law enforcement in in- munities. A hate crime divides neigh- resources that this Act would make vestigating and prosecuting hate borhoods and breeds a sense of mistrust available in the investigations and crimes. and fear within a community. prosecutions of hate-motivated crimes While past efforts to enact this legis- I am an original cosponsor of The would serve as both a significant deter- lation have received strong bipartisan Local Law Enforcement Enhancement rent and punishment, and would likely support, we have not been able to get it Act because it is aimed at protecting bring a greater number of cases to suc- to the President’s desk for his consid- citizens from crimes based on their real cessful resolution through arrest and eration. We must now work to ensure or perceived race, ethnicity, religion, prosecution. We must do all we can to that this legislation is not simply sup- gender, disability, or sexual orienta- prevent the incidents that led to Bill ported, but actually passed and signed tion. Clayton’s tragic death. into law by the President. The current hate crimes law simply I believe it is important that we rec- In the aftermath of the tragic events does not go far enough. It covers only ognize from the beginning that not all of September 11th, we saw a terrible crimes motivated by bias on the basis crimes are hate crimes. The reason be- rise in hate crimes in the United of race, color, religion or national ori- hind this is simple. All crimes are not States. California was not immune to gin, and it only covers instances in created equal and mental states, in ad- the violence. which the victim was targeted because dition to acts, have always played an In San Gabriel, CA, Adel Karas, an he or she was engaged in a federally- important role in determining the se- Egyptian-American grocer, was shot to protected activity, such as voting, at- verity and subsequent punishment of a death while he worked in his store. It tending a public school, or if the crime crime. Recognizing this, it is well es- is believed that he was a victim of an occurred on federal property. tablished that a legislature can prop- attack motivated by the September 11 The limitations of current Federal erly determine that crimes committed attacks, not a robbery, because all the law prevent it from reaching many against certain classes of individuals cash was left in his register. hate crimes where individuals are

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5334 CONGRESSIONAL RECORD — SENATE June 11, 2002 killed or injured by just walking down Rice chose his victims based on their Congress should expand the ability of the street or, in the case of Clint gender and sexual orientation. He even the Federal Government to investigate Risetter, where he was sleeping in his stated that he intentionally selected these heinous crimes, and it should ex- own home. women to intimidate and assault ‘‘be- pand the ability to prosecute anyone On February 24, 2002, Clint Risetter cause they are more vulnerable than who would target victims because of awoke in his Santa Barbara apartment men’’ and that these two women ‘‘de- hate. engulfed in flames and then tried to es- served to die because they were lesbian Final passage of the Local Law En- cape as he was burning. When fire- whores.’’ forcement Enhancement Act is long fighters arrived, they found him dead With this indictment, the Federal overdue. It is necessary for the safety on his patio. Two days later, Martin Government has recognized the horren- and well being of millions of Ameri- Hartmann walked into the Santa Bar- dous nature of this hate crime and that cans. bara Police Department and admitted it should be prosecuted to the fullest No American should be afraid to go to entering Clint’s apartment, pouring extent of the law. to work or school because of his or her gasoline on him as he slept, and then However, prosecutors were only able religion or national origin. setting him on fire. to use The Hate Crimes Sentencing En- No American should be afraid to go Hartmann had known Clint for sev- hancement Act because the two women hiking for fear of a gender-motivated eral months but had learned just re- were killed in a national park. If these attack. cently that Clint was gay. He told po- murders had occurred in almost any And certainly, no American should lice about his hatred toward gays and other place in America, The Hate be afraid to sleep in their own home be- how he ‘‘ . . . decided to put [Clint] out Crimes Sentencing Enhancement Act cause of his or her sexual orientation. of his misery,’’ because he was gay. He could not have been invoked and, We have had strong bipartisan sup- believed that he was doing the right again, justice might not have been en- port for this legislation in the past, thing and that Clint deserved to die. sured for the victims and their fami- and it continues to receive bipartisan Clint’s murder is being prosecuted as lies. support. It now has 50 cosponsors in the a hate crime because it took place in Enacting The Local Law Enforce- Senate and 206 cosponsors in the House. California which has its own hate ment Enhancement Act would ensure Today, I urge my colleagues to in- crimes law that includes sexual ori- that all hate crimes can be inves- voke cloture and vote in favor of this entation. However, had it taken place tigated and prosecuted no matter what legislation. Let us now send a message in one of the 27 states that do not have the victims are doing when they are to all Americans, that we will no hate crimes laws that include sexual targeted and no matter where the longer turn a blind eye to hate crimes orientation, Clint’s family might not crime is perpetrated. in this country. receive the justice they are entitled to. It would also significantly increase Mr. WYDEN. Mr. President, I speak Gay men and lesbians are the third- the ability of State and Federal law en- today because it is time for Congress to largest hate-crime victim group in the forcement agencies to work together to send its own message to those who country, the second-largest in Cali- solve and prevent hate crime. would perpetrate hate crimes. That fornia. They were the targets of more Until we enact this legislation, many message should be that Federal law than 16 percent, or almost 1,300, of all hate crime victims and their families will no longer tolerate intolerance. hate crimes in 2000. Yet, current Fed- may not receive the justice they de- Hate crimes are a stain on our national eral hate crimes law does not include serve. greatness, and it is time to stop that crimes against individuals because of Those who are opposed to this legis- stain from spreading. their real or perceived sexual orienta- lation would say that we should leave Fighting hate crimes should not be a tion. it up to the states to legislate, enforce partisan issue. This is not about giving Current law does not extend basic and prosecute hate crimes laws. preferences to one group of people or civil rights protections to every Amer- To those, I would refer you to a May another. I am talking about opposing ican, only to a few and under certain 3rd, 2002, New York Times editorial violence. I am talking about opposing circumstances. which put it best. It read: brutal crimes. The Local Law Enforcement En- Congress has long recognized that the Fed- When the fight for a hate crimes law hancement Act would expand current eral Government should play a role in pur- first began in the early 1990s, many Federal protections against hate suing certain crimes, like bank robbery, kid- Americans questioned whether the crimes based on race, color, religion, napping and racketeering, where the na- problem was serious enough to warrant and national origin, and amend the tional interest is great and where federal law a specific law. But during the past dec- enforcement is in a good position to offer ade, from one coast of the United criminal code to cover hate crimes help to local police and prosecutors. Crimes based on gender, disability, and sexual in which individuals are singled out because States to the other, tragic events have orientation. of their race, religion or membership in proven that a law is badly needed. Extending the law would not provide other protected groups strike directly at this These crimes are so unspeakably special rights, it would ensure equal nation’s commitment to equality, and are ugly that the names of the victims are protection. worthy of this sort of special federal involve- seared in our minds. James Byrd, Jr., In the past, we have made some ment. dragged to his death because he was progress in the sentencing and prosecu- Other opponents of this legislation black. Matthew Shepard, beaten and tion of hate crimes, but more needs to often argue that any crime of violence left for dead because he was gay. be done. I am proud to have sponsored is a hate crime and that the motives My home State has been wounded by The Hate Crimes Sentencing Enhance- behind and harms caused by a hate hate crimes, too. Oregonians will not ment Act which was signed into law in crime are not relevant or distinguish- forget Roxanne Ellis and her partner, 1994, and has just recently been in- able from other crimes. I disagree. Michelle Abdill, who were taped up and voked for the first time. The crimes perpetrated against Ger- shot twice in the head in the back of In 1996, Julianne Marie Williams and ald Pimentel, Julianne Williams and their own pickup truck in Medford, Or- Laura Winans were discovered dead in Laura Winans, and Clint Risetter were egon in December 1995. Or Loni Virginia’s Shenandoah National Park, carried out with a different intent and Okaruru, who was found last August bound and gagged with their throats motive than other violent crimes. bludgeoned to death in a field in Wash- slit. Unfortunately, they are char- ington County, just outside Portland. In April of this year, Attorney Gen- acteristic of many hate crimes in Loni was a transsexual planning to un- eral John Ashcroft announced that The America; where an attacker repeatedly dergo surgery. She had been beaten Hate Crimes Sentencing Enhancement beats, stabs or severely burns his vic- multiple times prior to that night. Act would be invoked in the murder in- tim as if he is removing whatever it is The Senate has passed hate crimes dictment against the perpetrator of he hates out of the person. legislation unanimously several times, this horrific crime, Darrell Rice, ‘‘to And the attacker feels justified in only to see it jettisoned in Conference ensure justice for victims of hate doing so, as if he is doing a great serv- with the other body. The consequences crimes.’’ ice to humanity by killing the person. of all this legislative wrangling are

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5335 real. Each time Congress delays, more ator HATCH and others who have legiti- berman, E. Benjamin Nelson, Byron brutal, hate-driven deaths go mate concerns to find ways to incor- Dorgan, Patrick Leahy. unpunished. Each time Congress porate their concerns in an even better The PRESIDING OFFICER. By unan- delays, more hate crimes happen, be- bill, and I hope we will do that in the imous consent, the mandatory quorum cause the perpetrators have no fear of spirit of the great example set in the call under the rule is waived. The ques- being punished for the true nature of New Testament. When confronted with tion is, Is it the sense of the Senate their acts. a woman who had committed adultery, that debate on S. 625, a bill to provide The legislation before this body Christ himself was able to say in the Federal assistance to States and local today will close the loopholes in Fed- public square he did not condemn, he jurisdictions to prosecute hate crimes, eral hate crimes law. It will give local did not endorse the lifestyle, but he did and for other purposes, shall be law enforcement the full force of Fed- save a life. I think we ought to do the brought to a close? eral resources in investigating and same as the Federal Government. It is The yeas and nays are required under prosecuting crimes motivated by bias in that spirit I intend to vote to invoke the rule. against sexual orientation, gender or cloture. The clerk will call the roll. disability. I yield the floor. The legislative clerk called the roll. This legislation will not preempt Mr. KENNEDY. Mr. President, the Mr. NICKLES. I announce that the State and local laws or authorities. most fundamental right we have as Senator from North Carolina (Mr. citizens is to be able to live in a peace- But it will provide Federal backup to HELMS), the Senator from Missouri ful country without the fear of violence important local efforts. Based on testi- (Mr. BOND), and the Senator from Idaho in our society. We have seen so many mony before the Senate Judiciary (Mr. CRAPO) are necessarily absent. different instances where violence has Committee, it is likely that Federal I further announce that if present come in our society based on race, reli- help will be sought by local authorities and voting the Senator from North in a dozen cases a year. gion, and national origin. We have, Carolina (Mr. HELMS) would vote ‘‘no.’’ The message Congress sends in pass- over a period of years, tried to free our- The PRESIDING OFFICER (Mrs. ing this bill is as important as the re- selves from that form of discrimina- CLINTON). Are there any other Senators sources that will be made available to tion. That is what this is about: Mak- in the Chamber desiring to vote? local law enforcement. It is time to ing sure that every American, regard- limit the lengths to which people can less of their race, religion, national ori- The yeas and nays resulted—yeas 54, go to infect our society with diseases gin, sexual orientation, disability, or nays 43, as follows: like racism, and homophobia, and reli- gender, is going to have the full sup- [Rollcall Vote No. 147 Leg.] gious intolerance. port and weight of the Justice Depart- YEAS—54 Hate crimes are intentionally di- ment to ensure they will be able to live Akaka Dodd Lieberman rected at victims because of who they in this country in peace and dignity Baucus Dorgan Lincoln are. They strike not just at a person Bayh Durbin Mikulski and some security. That should be a re- Biden Edwards Miller but at the heart of a community, be it sponsibility of the Justice Department, Bingaman Feingold Murray a black community, a gay community, and it should be a common responsi- Boxer Feinstein Nelson (FL) or a disabled community. And when bility for all Americans. Breaux Graham Nelson (NE) Byrd Harkin Reed any one group is targeted, the entire That is not the state of affairs today, Cantwell Hollings Reid American community feels the blow. but this legislation will guarantee Carnahan Inouye Rockefeller The scourge of hate crimes must be that. That is why it is so important. Carper Jeffords Sarbanes confronted and eradicated. This legis- We are not prepared to exclude any dif- Chafee Johnson Schumer Cleland Kennedy Smith (OR) lation gives Congress the means to do ferent group. We want to include all Clinton Kerry Snowe so. I urge my colleagues to vote for clo- Americans. That is why this legislation Collins Kohl Stabenow ture on the bill so that it can be en- includes all of those groups. It is broad- Conrad Landrieu Torricelli Corzine Leahy Wellstone acted swiftly. ly supported by the law enforcement Dayton Levin Wyden The PRESIDING OFFICER. The Sen- community, 22 attorneys general, ator from Massachusetts. former attorneys general from the NAYS—43 Mr. KENNEDY. I understand we have United States, Republicans, and by vir- Allard Frist Nickles Allen Gramm 31⁄2 minutes remaining. I yield 2 min- Roberts tually all the diverse religious leaders. Bennett Grassley utes to the Senator from Oregon, and I Santorum They understand the moral issues, the Brownback Gregg Sessions will take the last minute and a half. moral compulsion, as well as the issues Bunning Hagel Shelby The PRESIDING OFFICER. The Sen- of liberty that are included. I hope we Burns Hatch Smith (NH) Campbell Hutchinson ator from Oregon. would now invoke cloture. Specter Cochran Hutchison Stevens Mr. SMITH of Oregon. As I con- So all Members know, obviously if Craig Inhofe Thomas template the conclusion of this debate, Daschle Kyl the amendments are germane, they Thompson DeWine Lott my own judgment is that it has been will be considered after cloture. But let Thurmond Domenici Lugar one of the poorer debates I have wit- us give this message to all Americans Ensign McCain Voinovich nessed in the Senate. Until this mo- that they will live in a secure nation. Enzi McConnell Warner ment, there has been very little par- CLOTURE MOTION Fitzgerald Murkowski ticipation in it. Frankly, I find that The PRESIDING OFFICER. Under NOT VOTING—3 disappointing because, as the Senator the previous order, the cloture motion Bond Crapo Helms from Minnesota pointed out, this is an having been presented under rule XXII, The PRESIDING OFFICER. On this emergency. the Chair directs the clerk to read the vote, the yeas are 54, the nays are 43. I have to think of all of our gay motion. brothers and sisters who may be watch- The legislative clerk read as follows: Three-fifths of the Senators duly chosen and sworn, not having voted in the ing, who cannot follow the confusion of CLOTURE MOTION affirmative, the motion is rejected. Senate procedure, who will be very dis- We, the undersigned Senators, in accord- appointed that once again we are ance with the provisions of rule XXII of the Mr. DASCHLE. Madam President, I thwarted from proceeding on a matter Standing Rules of the Senate, hereby move enter a motion to reconsider the vote that is, in fact, very important. This is to bring to a close the debate on Calendar by which cloture was not invoked on S. about domestic terrorism and about No. 103, S. 625, a bill to provide Federal as- 625, the hate crimes legislation. the Federal Government showing up to sistance to States and local jurisdictions to The PRESIDING OFFICER. The mo- work. prosecute hate crimes: tion is entered. On a positive note, I say, as Senator Hillary Clinton, Harry Reid, Jack Reed, Mr. LIEBERMAN. Mr. President, I Russell Feingold, Richard Durbin, Ed- KENNEDY has said, we will be back and ward Kennedy, Evan Bayh, Charles rise to express my severe disappoint- we will find another vehicle and an- Schumer, Debbie Stabenow, Maria ment in the Senate’s failure to invoke other opportunity to proceed. I hope in Cantwell, Daniel Akaka, Ron Wyden, cloture on the Local Law Enforcement the meantime we will reach out to Sen- Carl Levin, Daniel Inouye, Joseph Lie- Enhancement Act—also known as the

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I am proud to be a co- to speak to the common moral con- to believe that the crime was moti- sponsor of this bill, but I am not proud sensus of our society about what is vated by improper bias, but also that of what the Senate did to that bill right and what is wrong—that, after the U.S. Attorney has consulted with today. all, is what the law is all about—but local law enforcement officials and de- One of the things we try to do in this also by punishing those who are proven termined one of four things—that the Chamber, as lawmakers, is to adopt to have committed the wrongs and to state doesn’t have or won’t exercise ju- laws that express and encode our val- deter others in the future from com- risdiction to prosecute the crime, that ues as a society—to, in some sense, put mitting those same acts that society the State has asked for federal prosecu- into law our aspirations for the kind of generally finds abhorrent. tion, that the State does not object to people we want to be. Clearly, one of Current law expresses this but in a federal prosecution or that the State the bedrock values, one of the funda- way that is limited. It permits Federal has completed its prosecution and the mental values, of America is equality— prosecutions of hate crimes resulting Justice Department wants to initiate a equality of treatment before the law, from death or bodily injury if two con- subsequent prosecution. This process equality of opportunity but, beyond ditions are met: First, the crime must ensures both that we will avoid an un- that, a broader notion of tolerance in be motivated by the victim’s race, reli- necessary overlap between the exercise our society. It is part of what brought gion, national origin, or color. Second, of State and federal jurisdiction and generations of immigrants to this the perpetrator must have intended to that those in local law enforcement, country—the idea that they would be prevent the victim from exercising cer- closest to the alleged crime, will have judged on their personal merit, not on tain specific federally protected rights. the first opportunity to pursue those anything related to their personal sta- Of course, I support this law and the committing these heinous crimes. tus or characteristics. goals that it embraces: The Federal At the same time, it makes clear Starting with our Declaration of prosecution of people who inflict seri- that in cases where federal prosecutors Independence—our nation’s documen- ous harm on others because of the determine that federal prosecution is tary explication of the values under- color of the victim’s skin, the sound of essential to vindicate federal values, pinning our experiment in self-govern- the victim’s voice, a foreign accent, or this statute will be available to them. ment—our country’s leaders have laid the particular place in which the vic- This certification process should lay to out a vision of a nation born and bred tim worships God. In short, these are rest the concerns some of my colin notions of tolerance and equality. crimes committed because the victim leagues have who fear that Federal We know for a certainty that our na- is different in some way from the per- prosecutors will interfere with State tion did not live up to that vision when petrator. Such crimes, I conclude, efforts to bring perpetrators of hate it was first articulated, but in each should be eligible for federal prosecu- crimes to justice. successive generation we have tried tion. At a time when so much else is going hard to meet the ideals we set out for But the current federal law is too on here in the Capitol with the high ourselves. And in each successive gen- limited to address many of the hate profile issues of this session, this bill eration we have come a bit closer to crimes that are deserving of federal brings us back to America’s first prin- meeting that goal. Sometimes, obvi- prosecution, and we need for the law to ciples of equality and tolerance and ously, we do not achieve those aspira- more fully express some of the prin- challenges each of us to think about tions and we are intolerant toward one ciples I talked about at the outset: the appropriate and constructive role another. Then the law has not only the equality, tolerance, doing everything that the law can play, understanding opportunity but the obligation to step we can to stop the most abhorrent acts that the law can’t control the hearts of in and to try to create incentives or de- of violence against people based on people in this country. terrents toward the worst forms of in- their characteristics. I think we ought Ultimately, we have to count on peo- tolerance, even hatred. That is what to add to the list of prohibited bases of ple’s own sense of judgment and toler- this bill is about. these crimes, crimes committed ance and, hopefully, the effect that Clearly, over the decades our Nation against someone because of gender, be- other forces in their lives will have on has built a strong and proud history of cause of sexual orientation, and be- them to make them fair and tolerant, protecting the civil rights of Ameri- cause of disability. Adding these cat- such as their families, their schools, cans who are subject to racial, reli- egories—gender, sexual orientation, their religions, their faith. But this bill gious, gender-based, or disability-based disability—seems to me to be an appro- is here to say in the cases when all of discrimination in the workplace, in priate extension of the basic concept of those other sources of good judgment housing, in life. In more recent times, equal protection under the law. As the and values in society fail to stifle the many of us here in the Chamber have law now stands, it also imposes a re- hatred that sometimes does live in peo- worked to try to extend some of those quirement, a bar to prosecution relat- ple’s hearts and souls, to say that this protections to cover discrimination ing to race, color, religion, and na- is unacceptable in America and to at- based on sexual orientation. tional origin that we ought to change, tach to that statement the sanction of This bill stands solidly in that tradi- which is that the law is only triggered law, hoping that we thereby express tion and is just one more step on our if the victim is prevented from exer- the higher aspirations we have for this nation’s path to make its vision of cising a specific type of federally pro- great country of ours as it continues itself a reality. Like the civil rights tected activity. over the generations to try to realize laws of which we are all so proud, this There are obviously crimes that are the noble ideals expressed by our bill proclaims that there is certain committed based on hatred that are founders in the Declaration of Inde- conduct that is unacceptable to us as a triggered in cases other than the pre- pendence, but also to put clearly into nation. This bill takes Federal crimi- vention of the exercise of a specific fed- the force of law the punishment that nal jurisdiction and extends it to the erally protected activity, thus, the pro- comes with law when one goes so far prosecution and punishment of those vision of this bill that would eliminate over the line to commit an act of vio- who are accused of having caused bod- this obstacle and, therefore, broaden lence based on hatred, hoping thereby ily injury or death based on an animus, the ability of Federal prosecutors to that we will deter such heinous acts a hatred that comes from feelings pursue crimes motivated by racial or from occurring again in the future. about the victim’s race, religion, na- religious hatred. It would still, how- The Senate had a chance today to tionality, gender, disability, or sexual ever, require prosecutors to show a bring us one step closer to making the orientation. In other words, this is an- connection to interstate commerce. law more closely reflect our founding other way for our society to express Just as importantly for those con- vision. The Senate should have taken our disdain, to put it mildly, at acts of cerned that this bill unnecessarily in- that step. It is a truly deep disappoint- violence committed based on a person’s trudes upon State prerogatives, the bill ment that it did not do so. This will race, religion, nationality, gender, dis- also includes language requiring the not, though, be our last chance. The ability, or sexual orientation. Justice Department, prior to indicting bill’s opponents will not be able to hide It is also a way, as is traditionally a defendant for a hate crime, to certify behind procedural posturing forever. the province of criminal law, not just not just that there is reasonable cause This bill will come back again this

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5337 year to the Senate and when it does, I S. 2578 cipline, and stimulate economic believe that we have no choice but to Be it enacted by the Senate and House of Rep- growth through continued federal in- pass it. Our values as a nation will resentatives of the United States of America in vestment in education and job train- allow for no less. Congress assembled, ing, while also protecting the environ- I thank the distinguished Chair. I SECTION 1. INCREASE IN PUBLIC DEBT LIMIT. ment. Furthermore, we need to invest Subsection (b) of section 3101 of title 31, yield the floor. United States Code, is amended by striking in our nation’s economic future by ‘‘$5,950,000,000,000’’ and inserting making a commitment to public re- f ‘‘$6,400,000,000,000’’. search and development in science and INCREASING THE PUBLIC DEBT Mr. REID. Madam President, I move technology—maintaining our status as LIMIT to reconsider the vote and I move to a global leader. lay that motion on the table. It is a balance. We must make these The PRESIDING OFFICER. Under The motion to lay on the table was investments to secure our country. But the previous order, the clerk will re- agreed to. we must do so within a framework that port S. 2578 by title. Ms. CANTWELL. Madam President, I ensures we don’t spend beyond our The legislative clerk read as follows: rise today to offer my support for in- means. If we want our economy to be A bill (S. 2578) to amend title 31 of the creasing the federal debt ceiling by $450 strong, if we want revenues, and if we United States Code to increase the public million. This is a difficult issue and I want to make the right decisions, we debt. well understand that we need to raise need to keep paying down the debt. The PRESIDING OFFICER. The the debt ceiling. We have troops con- Having spent time in the private sec- clerk will read the bill for the third ducting military operations overseas. tor, I can tell you this: No private sec- time. We are working here at home to ad- tor organization thinks it can spend its The bill was read the third time. dress critical national security needs. way out of programs; nor can we as a The PRESIDING OFFICER. The bill But if we hadn’t acted today, the country. This is why I supported and having been read for the third time, United States would have been on the cosponsored the Gregg-Feingold Budget the question is, Shall the bill pass? verge of defaulting on its debt for the Enforcement Amendment last week— Mr. KERRY. Madam President, I ask first time in history. This is unaccept- and why I will continue to work with for the yeas and nays. able. my colleagues on extending the pay-as- The PRESIDING OFFICER. Is there a However, now that we have voted to you-go budget enforcement procedures sufficient second? raise our debt limit, we must begin an as well as setting up reasonable discre- There is a sufficient second. honest and open debate about why we tionary spending limits. The clerk will call the roll. are having this vote. I want to make it Some voted against this debt limit The assistant legislative clerk called crystal clear that I believe we need to increase today because it had not been the roll. extend the budget enforcement proce- paired with procedures for a fiscally Mr. NICKLES. I announce that the dures and establish reasonable discre- disciplined framework. I certainly Senator from North Carolina (Mr. tionary spending caps as soon as pos- empathize with that position. We are HELMS), the Senator from Missouri sible. in tough times. And tough times force (Mr. BOND), and the Senator from Idaho At the beginning of last year, the us to make tough decisions. Today’s (Mr. CRAPO) are necessarily absent. Congressional Budget Office projected vote was one of them. a ten-year surplus of $5.6 trillion and The PRESIDING OFFICER. Are there Mr. CONRAD. Madam President, I the debt ceiling seemed to be high any other Senators in the Chamber devoted against S. 2578, a bill that would enough to last through fiscal year 2008. siring to vote? increase the public debt limit by $450 That all changed, however, as the pro- The result was announced—yeas 68, billion. nays 29, as follows: jected big surpluses first started to decline last year and then dramatically I support taking action to increase [Rollcall Vote No. 148 Leg.] the debt limit, in order to protect the YEAS—68 changed into a $2.7 trillion deficit. We know that the current deficit is the re- full faith and credit of the U.S. govern- Akaka Edwards Miller sult of last year’s tax cut, the reces- ment. Frankly, we have no choice but Allen Feinstein Murkowski to raise the limit. The United States Baucus Frist Murray sion, and the tragic events of Sep- must pay its bills. What I cannot sup- Bennett Grassley Nelson (FL) tember 11, 2001. Biden Gregg Nelson (NE) One of the most important actions port, however, is increasing the limit Bingaman Hagel Nickles we can take for the nation’s future eco- without also putting in place proce- Boxer Hatch Reed dures for arresting this dramatic down- Breaux Hutchinson Reid nomic stability is to pay down the na- Brownback Hutchison turn in our nation’s fiscal health. Roberts tional debt. According to Chairman of Bunning Inouye Rockefeller I want to provide a little background Burns Jeffords the Federal Research Board, Alan Santorum Byrd Johnson Greenspan, paying down the national on how we arrive at this juncture. You Cantwell Kennedy Sarbanes debt lowers interest rates and keeps might remember that a little over a Carnahan Kerry Schumer year ago, when the Bush administra- Snowe the capital markets and investment Cleland Kohl tion submitted its first budget, we were Cochran Landrieu Specter going. In January, he told the Senate Collins Leahy Stevens Budget Committee that one of the rea- told that, even with the enactment of Craig Levin Thomas sons long-term rates have not come the President’s proposed tax cut, we Daschle Lieberman Thompson would not hit the Federal debt limit DeWine Lott Thurmond down is the sharp decrease in the sur- Dodd Lugar Voinovich plus and the diminishing prospects for until 2008. By August, with the tax cut Domenici McConnell Wellstone paying down the debt. enacted, the administration acknowl- Durbin Mikulski Wyden I want to make it clear that the edged it was wrong and that we would NAYS—29 change in our fiscal situation has driv- actually hit the debt limit in 2004. By Allard Ensign Lincoln en estimated federal interest costs December, that estimate was moved up Bayh Enzi McCain higher: CBO has boosted its projection again, with the Treasury Secretary ad- Campbell Feingold Sessions of federal interest costs in 2002 through mitting the debt limit would be Carper Fitzgerald Shelby reached within months and pleading Chafee Graham 2011 from just over $600 billion a year Smith (NH) with Congress to raise the limit so that Clinton Gramm Smith (OR) ago to $1.6 trillion. The dramatic down- Conrad Harkin Stabenow turn in the federal budget will force the United States wouldn’t default on Corzine Hollings Torricelli its financial obligations. Dayton Inhofe taxpayers to pay $1.2 trillion more in Warner Dorgan Kyl debt payments, money that could have And, I should not, the administration been used to invest in additional de- didn’t just request a small debt limit NOT VOTING—3 fense, homeland security, education, increase. It requested a $750 billion in- Bond Crapo Helms and job training. crease, which would constitute the sec- The bill (S. 2578) was passed, as fol- Our total budget must be crafted ond largest one-time increase ever-sur- lows: within the need to maintain fiscal dis- passed only by the $915 billion increase

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5338 CONGRESSIONAL RECORD — SENATE June 11, 2002 signed into law by the President’s fa- supported a smaller increase in the I hope that Congress enacts tough ther during his term in office, in No- debt limit—$150 billion, for example— budget caps, strong limits on discre- vember 1990. that would prevent a default but would tionary spending, and productivity-en- That dramatic turnaround in events force an agreement on our budget hancing legislation so we can bring our followed a period of rapidly falling defi- issues this fall. It would have given us budget back into balance and restore cits in the 1990s and 4 years of sur- leverage to force a solution to our the American economy to its full po- pluses. In total, as a result of the fiscal budget problems. tential. discipline put in place in the 1990s, we The debt limit must be raised. It is f paid down $400 billion of publicly-held the responsible thing to do. However, a ORDER OF PROCEDURE debt and were on the path to eliminate smaller increase would have kept the our debt in preparation for the retire- pressure on the Congress and the Ad- Mr. REID. Madam President, I ask ment of the baby boom generation. ministration to come to agreement on unanimous consent that at 2:15 p.m. What a sad turn of events we now face a long term solution to put our fiscal today, the Senate proceed to a period today. policy back in touch and develop a plan for morning business until 3:15 p.m., It is imperative that we find a way to eliminate our budget deficits. with Senators permitted to speak for out of this mess. Last week, we were Mr. HATCH. Madam President, as a up to 10 minutes each; that at 3:15 p.m., close in the Senate on adopting a bi- longtime proponent of a balanced budg- the Senate proceed to the consider- partisan deal to restore budget dis- et amendment to the Constitution, I ation of H.R. 8 under the parameters of cipline and prevent us from digging the rise to speak concerning S. 2578. While the unanimous consent agreement of hole any deeper. That deal would have we are told that this bill will increase April 23, 2002. extended PAYGO and the Budget Act the Nation’s debt limit, what we really The PRESIDING OFFICER. Is there points of orders, and set a cap on dis- voted on today was whether to keep objection? cretionary spending for 2003. Unfortu- the statutory commitment that Con- Mr. LOTT. Reserving the right to ob- nately, our Republican colleagues gress has made to the Social Security ject. The PRESIDING OFFICER. The Sen- blocked its consideration. It seems trust fund. ator from Mississippi. Social Security’s current surplus is that many in this chamber are still in Mr. LOTT. And I will not object, al- denial about the dire position we find the main reason we need to raise the though I have an inquiry I need to ourselves in today as a result of last debt limit. Every single dollar of that make and I will probably ask consent year’s tax cut, the brutal attacks on surplus goes into the Social Security as a result of that. this nation last September, and the trust fund, and by law, every single We need to go to the Defense author- slowdown in the economy. dollar of the trust fund counts as part ization bill. That should be our first Let me state again that the Congress of the total Federal debt. Social Secu- issue before anything else. I have made has an obligation to ensure that the rity is expected to run a $160 billion the points that we have not done a government avoids default, an event surplus this year, with an even higher budget resolution and there is nothing that would have severe consequences surplus next year. Ironically, in order more important than the defense of our for our financial markets and for the to place that surplus in the Social Se- country and that we need to go to the government’s cost of borrowing funds. curity trust fund, the law requires us Defense authorization bill. However, I feel just as strongly that we to increase the debt limit. Only in I know there was an agreement en- should either have passed a much Washington, DC, can running a surplus tered into on this death tax issue, and smaller increase—in the range of $100 increase your level of debt. I think we should go to it as soon as billion to $200 billion—or passed the Of course, the debt that is included in possible. But I inquire about what is current bill in conjunction with the the Social Security trust fund is just the plan with regard to the Defense au- adoption of bipartisan budget measures money that the Treasury owes to thorization bill. I note that S. 2514, the that would help us stop the fiscal itself. What really matters for the Gov- Defense authorization bill, is on the bleeding and return the budget to a ernment’s budget and for the U.S. calendar and was reported May 15. path of balance. Simply increasing the economy as a whole is the amount of Under my reservation, can I get some debt limit does nothing to force the debt held by the general public. Over information about what is the plan President and this Congress to deal the last few years, as a Republican with regard to the Defense authoriza- with the very real fiscal problems we Congress put the brakes on spending, tion bill? now face today, problems that will debt held by the public actually fell, The PRESIDING OFFICER. The ma- only worsen as the baby boomers begin lowering the amount of money our jority leader. retiring over the next decade. I feel we Government had to spend on interest Mr. DASCHLE. Madam President, as missed a great opportunity today to payments. However, the war on ter- the distinguished Republican leader adopt those measures as part of the in- rorism, our current recession, and and I discussed a few minutes ago, the crease in the public debt limit. Congress’s recent extravagant spending plan is certainly to take up the Defense Mr. DORGAN. Madam President, have combined to increase the public authorization bill prior to the time we today the Senate voted to increase the debt over the past year. While it is im- leave for the July 4 recess. That has al- debt limit by $450 billion. I agree with portant for Congress to meet its statu- ways been my intention. I have indi- many of my colleagues that raising the tory responsibilities to the Social Se- cated that on several occasions to the debt limit is the responsible thing to curity trust fund by increasing the Republican leader and to others, and do. We must protect the full faith and debt limit, it is even more important that certainly is my intention again credit of the United States government that Congress get its fiscal house in today. We know it will take some time. and we are dangerously close to debt order by working to cut discretionary Senators have expressed an interest in limit. The Department of Treasury has spending and restore the economy’s offering some amendments to the bill, already used extraordinary measures health. and they are in some cases not quite to avoid a default. The time for action Time to act on the debt limit is run- ready yet to go to the bill as they are is now. ning out. In fact, the Secretary of the examining amendment options. However, I also believe that we must Treasury says that the main reason he In the meantime, we want to also ful- put pressure on the Congress and the has called June 28 the ‘‘drop-dead’’ date fill our obligation to Senators on the Administration to find solutions to our for raising the debt limit is because on estate tax. We made that commitment budget problem. We must work to- that day, Treasury is scheduled to some time ago, and we are hoping to do gether to restore fiscal discipline to make a large payment into the Social that. We are also talking to the Sen- the Federal government. The bill ap- Security trust fund. I am pleased that ator from Kansas, the Senator from proved by the Senate would raise the the Senate voted to raise the debt limit California, and others about the debt limit by $450 billion which will today, and we can get a final bill to the cloning-stem cell research debate. We provide sufficient funds for the govern- President for his signature. are hoping we can get a unanimous ment to operate through next spring. I Finally, now that we have voted on consent agreement to do that on Fri- opposed this increase. I would have this wartime increase in the debt limit, day of this week and Monday.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5339 In addition to that, we are working The PRESIDING OFFICER. Is there Mr. BUNNING. I understand the ob- on terrorism insurance, and we are objection to the unanimous consent rejection. I hope when the other objec- hoping to get its passage before we quest? tors come forward, we will have an op- leave. I would like to get a unanimous Without objection, it is so ordered. portunity to discuss this permanent ex- consent agreement on that matter. f tension of the adoption tax credit and Senator LOTT mentioned we were not to try to work with whoever the objec- RECESS able to get the budget language re- tors are on that side to make it pos- solved. Unfortunately, our Republican The PRESIDING OFFICER. The hour sible that we have this extension made colleagues objected to doing that last of 12:30 having arrived, the Senate will permanent so families can adopt and week during the debate on the supple- stand in recess until the hour of 2:15 continue to get the permanent $10,000 mental, so we were precluded from p.m. tax credit under which they are now doing that last week, but we will con- Thereupon, the Senate, at 12:53 p.m., operating. My fear is that will expire tinue to work to find a way, hopefully recessed until 2:15 p.m. and reassem- and then we will have all kinds of bad without the objections of our Repub- bled when called to order by the Pre- consequences. lican colleagues, on the budget as well. siding Officer (Mr. CLELAND). I thank the Senator and I yield the I will reiterate my commitment to f floor. The PRESIDING OFFICER. The Sen- the distinguished Republican leader UNANIMOUS CONSENT REQUEST that the Defense authorization bill is ator from Massachusetts. Mr. BUNNING. Mr. President, I have legislation we will finish prior to the Mr. KENNEDY. Mr. President, I say a unanimous consent request to pro- time we leave for the July 4 recess. to the Senator from Kentucky, I think pose. This unanimous consent is to Mr. LOTT. Under my reservation, I the objective of the Senator is enor- pass a badly needed permanent exten- note there is a great deal of difference mously worthwhile. I may very well sion of the adoption tax credit. If we do between going to the budget resolution come out and support the proposal of not pass this extension that was part of and having full consideration, and the Senator from Kentucky. I have President Bush’s tax relief bill of last agreeing to a number and enforcement been notified by the leadership there year, it will sunset. numbers on supplemental appropria- are those who have a proposal that If the adoption tax credit is allowed tions. I am prepared to try to help find may have some different features and to sunset, the following things will a solution, to have some limits and they would like to be heard on that happen: The adoption tax credit will be some enforcement mechanisms, but ob- particular proposal, but I thank the cut overnight from a maximum of viously the way it has been done for Senator. I think the issues on adoption $10,000 to $5,000. Families adopting spe- the past 25 years is to have a budget are enormously important. I think the cial needs children will no longer re- resolution. I do think it is the right idea of trying to provide assistance to ceive a flat $10,000 credit; instead, they thing to do, to go to this death tax those families is incredibly valuable. will be limited to a maximum of $6,000. issue, and I do want us to continue to I have had the opportunity, for exam- The tax credit no longer will be per- work on that. ple, to have hearings on families from mitted if we have to extend it each Canada with grown children who have We are going to get an agreement on year. Families claiming the tax credit adopted children with special needs. how to proceed to the cloning issue be- may be pushed into AMT, alternative They adopted these children who had cause I made that commitment some minimum taxes. The income caps will special needs even though they had time ago, as did Senator DASCHLE, to fall from $150,000 to $75,000 so that younger children because, under the Members on both sides of the issue and fewer families will be eligible for the Canadian health care system, they off- on both sides of the aisle. I think we credit. set the medical aspects of the special are very close. There are over 500,000 kids in foster needs children. I ask to be added to this unanimous care right now. Let’s help them find I asked the mother why she adopted consent agreement that following the loving homes. Let’s make it easier for special needs children when she had disposition of this death tax issue, H.R. families to adopt, not throw up bar- three or four children of her own. Her 8, the next order of business be the De- riers. response was she wanted her children fense authorization bill, which is S. The PRESIDING OFFICER. Is there to understand what love was really all 2514. objection to the request of the Sen- about. Mr. DASCHLE. Madam President, of ator? I may very well support the Senator course we will object to that. Let me Mr. KENNEDY. I object. and try to go even further than the reiterate, because the Senator has The PRESIDING OFFICER. The ob- Senator from Kentucky. I admire him noted his desire as well to deal with jection is heard. for raising the issue on the floor, and I cloning, to deal with terrorism insur- Mr. BUNNING. May I carry on a col- only object because of what I have been ance, to deal with a number of other loquy with the Senator from Massachu- notified by the leadership. issues, that I know he will be prepared setts? Mr. BUNNING. If the Senator will to cooperate in scheduling. We have to The PRESIDING OFFICER. The Sen- yield, my personal interest goes beyond take this a step at a time. We may not ator has made a request to engage in a just the permanent credit. I have a be ready to deal with Defense tomor- colloquy with the Senator from Massa- daughter who had four children and row, but we are going to be ready to chusetts. adopted a special needs child, and then deal with it before the end of this work Mr. KENNEDY. I would be more than had seven more children after that. So period. So we will continue to do that. glad to engage in a colloquy. I am very familiar with the change in I look forward to working with him The PRESIDING OFFICER. Without life and the loving care that comes to find that date when we can accom- objection, it is so ordered. with adopting a special needs child. I plish all we need to accomplish in a Mr. BUNNING. I ask the Senator am just fearful the Senate will not act very short period of time. from Massachusetts, does he have a in a reasonable manner to make sure Mr. LOTT. With that assurance then, specific objection to the permanent ex- this credit becomes permanent. That is I withdraw my further reservation, but tension of the adoption tax credit at my reason for bringing it up at this I again express my concern that if we this time for some specific reason? time. wait too late on bringing up the De- Mr. KENNEDY. Mr. President, I am I understand the objection of the fense authorization bill, being able to doing it on behalf of the leadership be- Senator. complete it before the recess could be a cause I understand we have Members Mr. KENNEDY. Since I am the one problem. We need to get it done so we who want to offer amendments and who objected, I say I will bring it up can go to the Defense appropriations have a somewhat different view than with the chairman of the Finance Com- bill and the military construction ap- the Senator from Kentucky and want mittee and ask him if he would talk to propriations bill. the opportunity to do so and have that the Senator from Kentucky about what In view of the objection and the as- determined by the Senate. their plans are and urge him to give us surances, I withdraw my reservation. For that reason, I object. an opportunity to address this issue.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5340 CONGRESSIONAL RECORD — SENATE June 11, 2002 Mr. BUNNING. I thank the Senator know how sturdy a beast an alligator We will rue the day that we did not and yield the floor. is. increase the corporate average fuel ef- The PRESIDING OFFICER. The Sen- Yet what the present Bush adminis- ficiency standards of our cars and ator from Florida. tration has said is we do not want to trucks because the transportation sec- f continue the polluter pay concept. We tor accounts for 42 percent of the oil we want the taxpayer to pay for cleaning consume in this country. ENVIRONMENTAL POLICY up toxic waste sites instead of the pol- Here, again, is another example of Mr. NELSON of Florida. Mr. Presi- luter. As short as we are on money, where this administration has not dent, it was a Republican President, with the surplus having evaporated, faced up to the reality of the environ- Theodore Roosevelt, who, in the early with the war requiring more and more ment and of energy. By the way, we 1900s, established our Nation’s first na- money, an appropriation from the gen- have cars today—particularly Hondas tional forests and refuges, and his fifth eral fund of taxpayer money for the and Toyotas—that can get over 50 cousin, President Franklin D. Roo- Superfund may not happen. So sites miles per gallon. These are the hybrid sevelt, who, during the Great Depres- such as the one 12 miles west of Or- vehicles that shift from gasoline to sion of the 1930s, launched the Civilian lando, are not going to get cleaned up. electric. Because of the computer, the Conservation Corps. Then, under If we do not re-authorize the polluter driver and the passengers do not even Dwight Eisenhower in 1960, our country pays provisions—which have had bipar- notice the shift. There is no dimunition set aside the first part of Alaska’s Arc- tisan Presidential support—then we are of the electrical output of the auto- tic National Wildlife Refuge. Under going to have a serious problem. The mobile. Richard Nixon, in 1970, we enacted the site west of Orlando will continue to Again, it is another example of where Clean Air Act to limit air pollution jeopardize the water supply for all of we are just on the wrong course with from cars, utilities, and industries. that part of Florida. That is how seri- regard to our energy and to our envi- Then, 20 years later, a major expan- ous it is. ronmental policies. sion of that act was signed into law by Let’s take another case. We had the If our energy legislation stalls and President George H.W. Bush, the father matter of arsenic. the environment remains under siege, of now-President Bush. First, the administration was not is it all lost? I don’t think it is. Our For 100 years, Republican and Demo- going to lower the parts per billion in citizens and their elected representa- cratic Presidents alike saw that saving drinking water. It would remain at 50 tives can demand and get better. America’s natural wonders ought not parts per billion, a standard set before In the past, we saw an outcry regard- be a partisan political issue. Yet today we knew arsenic caused cancer. Based ing arsenic levels in our drinking water we see the present Bush administra- on years of study, the previous Admin- and arsenic used to treat wood. We won tion, time and again, side, with cor- istration had recommended it go down on both counts. The arsenic standard porate political interests trying to roll to 10 parts per billion. There was such for drinking water was dramatically back the time-tested and bipartisan an outcry that the public was finally decreased and the wood preserving in- measures aimed at protecting our land, heard. And, before the Congress had to dustry agreed to cease the manufacture our air, and our water. act, the administration, relented and of arsenic treated wood for residential Let me give some examples. The Fed- adopted the 10 parts per billion stand- uses by the end of 2003. Children’s play- eral Superfund Program for cleaning ard. ground equipment will no longer be In the Senate 2 months ago, we de- up toxic waste sites is running out of manufactured with wood treated with feated the administration’s attempt to money. It was set up in 1980. It was arsenic. More needs to be learned about permit oil and gas drilling in the pris- sponsored, fostered and encouraged the dangers of arsenic-treated wood tine Alaska Wildlife Refuge. Unfortu- under several Presidents. It was set up but, I will continue to seek answers nately, we were unable to overcome the from the Administration. under President Carter, and continued administration’s opposition to improv- by President Reagan, then President Last year we were able, fortunately, ing automobile fuel economy stand- to scale back the sale of new oil and H.W. Bush, and President Clinton. ards. They all encouraged the use of the gas leases in the Gulf of Mexico right If we are going to get serious about off of the coast of Florida—keeping the Superfund and the concept of the pol- weaning ourselves from our dependence luter pays. drilling more than 100 miles from the on foreign oil supplies, we are simply Florida shores, preventing the spoiling In 1980, an agreement was struck going to have to go to where we con- with the oil companies and the chem- of our coastal environment and pro- sume the most energy. The most en- tecting the $60 billion a year tourism ical companies. The oil and chemical ergy is consumed in the transportation companies would pay into a trust fund, industry in Florida. sector. If we don’t get serious about in- RAHAM and I tried to block and when a toxic waste site was Senator G creasing the miles per gallon on our that sale altogether and we will con- found—and this happened after the automobiles and trucks, we are simply tinue to battle exploration off Florida’s Love Canal situation had riveted the not going to be able to address our de- coasts. Floridians, regardless of our in- Nation’s attention—there would be pendence on foreign oil. We should fol- dividual party affiliations, overwhelm- money in the trust fund if they could low a balanced approach on the energy ingly oppose offshore oil drilling that not find the polluter to pay. If the pol- question. It should be part production, threatens our beaches, fisheries and luter had fled town or had gone bank- part conservation, part alternative tourist-dependent economy. rupt, there was a fund from which you fuels, part increased use of technology On saving the environment, our Fed- could then get the toxic waste site and part renewable fuels. We can use eral Government today may be split cleaned up. our technology—we have it today—to largely along political party lines. But, I just toured one of these toxic waste increase significantly the miles per in Florida, and across the Nation the sites about 12 miles west of Orlando, a gallon fuel economy of our transpor- people are not. site that has been there for several dec- tation sector. I thank you for the opportunity to ades, a site where at one point what I It is so hard, because of all the spe- share these thoughts with the Senate. I call a witch’s brew of boiling DDT, cial interests involved, to pass good yield the floor. which formed another chemical com- public policy. A good example is the Ms. STABENOW. Mr. President, I pound, had flowed into a holding pond. defeat of our effort to increase cor- suggest the absence of a quorum. Why was it a holding pond? Because it porate average fuel efficiency stand- The PRESIDING OFFICER. The was a depression in the ground. And ards. But mind you—it is going to take clerk will call the roll. where did that go? It was a sinkhole a crisis, such as a terrorist sinking a The assistant legislative clerk pro- that went into the Floridian aquifer. supertanker in the 19-mile-wide, Strait ceeded to call the roll. At one point it spilled out of this of Hormuz which suddenly stops the Ms. STABENOW. Mr. President, I ask holding pond into this creek that ran flow of oil traffic out of the Persian unanimous consent that the order for into Lake Apopka, a lake of thousands Gulf to the industrialized world, to the quorum call be rescinded. of acres that used to have 4,000 alli- give us a major disruption of energy The PRESIDING OFFICER. Without gators, and which has 400 now—and you supplies. objection, it is so ordered.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5341 PRESCRIPTION DRUGS To demonstrate this and to promote I urge my colleagues to support our Ms. STABENOW. Mr. President, I legislation, S. 2244, which Senator DOR- effort, to come on as cosponsors and rise today to speak about an important GAN, Senator JEFFORDS, myself, and support the effort to open our borders part of the strategy to lower prescrip- many others, have introduced—it is a and lower prices for prescription drugs. tion drug prices for all of our citizens, bipartisan bill to bring down this bar- We have a bipartisan bill, S. 2244. The particularly our seniors who are using rier at the border so Americans can get time is now. We want to get the seniors about 18 different medications in a the very best prescription drugs at the off the bus, get lower priced prescrip- year. We have a strategy to focus on very best prices from Canada—a num- tions into the local pharmacy or the with the intent to do everything pos- ber of us have been helping to sponsor hospital or into the clinics around the sible to update Medicare to cover pre- bus trips to Canada to make the point. State of Michigan. It is time to do scription drugs with a comprehensive This is a picture of a number of us that. It is past time to lower the prices Medicare prescription drug benefit who were joining, from the House and for people. which is long overdue. Senate last week, a bus in front of the This isn’t the same as buying a new Medicare was set up in 1965. It covers Capitol. This is a bus that the Alliance pair of tennis shoes. It is not the same the way health care was provided in for Retired Americans has been spon- as buying a new car, although coming 1965. It needs to be updated to cover soring. In fact, we have over 14 dif- from Michigan, I want to see people the primary way we provide health ferent trips planned in the next several buy a new car every year. But if they care today, which is outpatient pre- days into Canada. We kicked off one in don’t, it is not going to threaten their scription drug coverage. Detroit yesterday where a group of life. But if a breast cancer patient does We also know there are a number of citizens got on the bus to go 5 minutes not get her Tamoxifen, it does threaten other actions we can take to lower across the Ambassador Bridge, in her life. That is the difference. prices for everyone. I had the oppor- which they were able to lower their This is medicine. It is not optional. It tunity yesterday with the Detroit Re- prices on average by half, just by going is time we understand that and get se- gional Chamber of Commerce to hear across the bridge. rious about lowering prices, about cre- from a number of businesspeople, large This is not about putting seniors or ating the competition that will allow and small, who are struggling with families on buses to go across bridges us to lower prices. their health care insurance premiums, to get lower prices. This is about drop- I have never seen an issue that af- some choosing to no longer be able to ping the barrier at the border. This is fects more the economy of this coun- provide health care, and others finding protectionist legislation that does not try. It affects every businessperson try- they are having to cut back, and hos- allow us to have business relationships ing to provide health insurance for pitals and nursing homes and home across the border to bring back those themselves and their employees. It af- health agencies, all affected by the ex- American-made drugs at a reduced fects our universities’ health clinics. plosion in prescription drug prices. price. The president of Michigan State Uni- When we look at the rising cost of We can trade with Canada on agricul- versity came to me expressing great health care, the majority of it is the tural products, manufacturing prod- concern about his rising health care cost of prescription drugs. A number of ucts, all kinds of things. People go premiums and the requirement that he us have looked at what it is we can do back and forth across the border and do was going to have to lay off people be- to bring more competition, to bring business every day. But when it comes cause they couldn’t keep paying these prices down, and to make it more fair to prescription drugs, we have not been rising costs, most of it from prescrip- for Americans. able to do that. That creates a situation drugs, and maintain the same Americans today are underwriting tion where we don’t see the kind of number of staff at the university. This the cost of research. I am very proud pressure on our companies to be com- is ridiculous. that, through the National Institutes petitive and fair to Americans. Most importantly, this is ridiculous of Health, we are providing billions of We want to get people off the bus. We because of what it means to our fami- dollars in basic research. We support want those prescriptions coming back lies and our seniors. Yesterday on the companies then taking that research, to the United States to our neighbor- bus were a couple who are paying $1,300 and we allow them to write off their re- hood pharmacy, so a senior can walk in a month for their prescriptions, people search costs as well as their adver- and get the reduced price. on a fixed income. They were getting tising and other costs to be able to pro- I will just share with you some of the on that bus yesterday to go to Windsor, vide the necessary research and devel- price differences we have seen as we Canada, out of desperation to lower opment for new prescription drugs. We have taken the bus trips to Canada their prices so they could live inde- give them a patent to protect their de- from Michigan. Zocor, for high choles- pendently in their own home and not velopment so they can recover their terol, if you need to purchase this in have to be hospitalized or go into a cost. But at the end of that process, we Michigan, the price will be somewhere nursing home and receive the kind of find that Americans, even after we in the range of $109. If you drive that 5- medicine they need. have heavily subsidized, supported, and minute bus trip across the border, you It is wrong that we are seeing this helped pay for the research and devel- can get that same Zocor for $46. If we kind of disparity. I urge my colleagues, opment, are paying the highest prices look at Prilosec for heartburn and while we are working on the important in the world. ulcer relief, $115 in Michigan; $55 across issue of Medicare prescription drug One of the reasons is that there was the border to Canada. coverage, that we do something today a law passed in the late 1980s that puts Probably one of the most disturbing to lower prices. We can do something a fence around the border of the United ones for me is a breast cancer treat- right now by just simply opening the States as it relates to prescription ment drug. I have taken to Canada border to Canada and making sure that drugs. It says that we as Americans breast cancer patients, who are in des- our citizens get the prices shown by cannot go across the border to Canada perate need of this lifesaving treat- these yellow bars on this chart, instead to purchase American-made, FDA-ap- ment and medication. Tamoxifen is a of paying the high prices we see they proved and safe drugs that are sold to well-known breast cancer treatment, are paying right now. Canada, on average, at half the price. $136.50 in Michigan; $15.92 across the I thank you, Mr. President. I urge my We can’t go to any other country as bridge. colleagues to get engaged in one of the well. There is something wrong with this most important issues affecting seniors In fact, as was shown in the Wall picture. There is something wrong and our families today. It is time to Street Journal last Friday in a front when Americans are supporting and bring the prices down. page article, every time the European funding the development and under- The PRESIDING OFFICER. The Sen- Union or Canada or some other country writing costs and subsidizing, through ator from Massachusetts is recognized. negotiates lower prices for their citi- tax deductions and tax credits, the de- f zens, the drug companies make it up by velopment of these lifesaving medica- raising American prices, even though tions, and we are paying so much more EDUCATION we are the ones paying for the research for these lifesaving drugs. It makes no Mr. KENNEDY. Mr. President, in the that creates the new miracle drugs. sense. Washington Post today in the front

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5342 CONGRESSIONAL RECORD — SENATE June 11, 2002 section on page A3, there is an article specifically designed to recruit individ- writing and civics, and provides a 50- titled: ‘‘Report Urges Stricter Tests for uals with college degrees; that is, the percent cut in grants to help train Teachers, Expertise Is Stressed Over emphasis is on content. Such a pro- teachers to teach American history. Theory.’’ gram has a rigorous screening process So the point I am making, Mr. Presi- This is an important report. It is one to attract high-quality candidates. The dent, is that we can have these studies that underscores what a number of program is field based to give practical and they can point out what the prob- other reports have said, including experience through internships. New lem is, but we know what the problem those by the National Center on Edu- teachers receive mentoring from is, but we already know what the prob- cation Information, which is a report trained teachers. Candidates must lem is. What it takes now is the in- that was out earlier this year, and the meet high standards upon completion. creased investment in the No Child The 1996 report had similar charac- was a very solid report from 1996, Left Behind Act and other programs which is most comprehensive on teach- teristics for a high-quality teacher preparation program at universities: that can really make a difference in er quality, called ‘‘What Matters Most: terms of teacher quality. Teaching for America’s Future.’’ The organize teacher education around We have to look at this in a com- Administration’s report is very impor- standards for students and teachers; prehensive manner. We need to im- tant because it outlines the challenges develop and extend year-long programs prove working conditions for teachers, we face. with year-long internships; create and I want to give an assurance to the fund mentoring programs; and create including increasing pay, increasing American people that we do not need high-quality sources of professional de- the prestige of teaching, and improving more legislation. We already have the velopment for ongoing support. schools so they are safe, modern places legislation in place in the No Child So the Administration’s report is in which teachers can work and chil- Left Behind Act, and in the Higher useful and valuable today, but this is dren can learn. Many schools have ob- Education Act of 1998, that, if fully im- something we have understood now for solete, crumbling, and inadequate fa- plemented and funded, would address a number of years. It really is nothing cilities. All teachers and students de- the real challenges we are facing in the very new. The statistics may give us serve safe, modern facilities with up- States. We know that we need to hire more recent information on particular to-date technology. Sending teachers over 2 million teachers over the next States, but we know what needs to be and children to dilapidated and over- ten years, we need to improve teacher done. We outlined in the No Child Left crowded classrooms sends an unaccept- Behind legislation a series of programs preparation, and we need to increase able message. It tells them they don’t to help and assist the States to address professional development. But we don’t matter. No CEO would tolerate a leaky the teacher shortage, but the adminis- need new legislation. The No Child Left ceiling in the boardroom—and no tration has requested zero increase in Behind Act requires 100-highly percent teacher should have to tolerate it in their proposed budget for improved qualified teachers in our classrooms in the classroom. teacher quality and reduced class size. four years. I believe that is the most This is all part of what we have to There is an excellent study that says important ingredient to have a well- understand if we are going to expect all these things need to be done—better qualified teacher in every classroom, that we are going to get quality teach- training, recruitment, professional de- increase professional development each ers to teach in our schools. velopment and mentoring. We have to year, and provide funding for men- do them. But when it comes to the re- Mr. President, this is just a final toring. sources to be provided, we are just not point I want to mention on the subject. The Higher Education Act, title II, getting it from the administration. Despite the goals we share in the re- provides funding for States and univer- That, I think, is a matter of enormous cent report, I am concerned that the sities to improve the teacher prepara- importance. administration is not meeting the let- tion with high-quality strategies, in- All of us want to address the kinds of ter of the law in implementing the re- cluding improving alternative routes needs that are outlined in this report. quirements of the No Child Left Behind to certification, and improving the It is a good report. But in order to do Act to ensure a high-quality teacher in quality of colleges of education. that, it means funding the various pro- every classroom. Mr. President, what is left out of the grams that we have that are out there In the draft guidance of the new report is the need for resources to help and in existence. ESEA title II Teaching Quality Pro- states meet these goals. We need re- Mr. President, I want to mention sev- gram, released on June 6, the Depart- sources to be able to achieve these eral of the programs that the adminis- ment proposes a large loophole for al- goals for the children in this country. tration failed to fund this year that cut ternative routes to certification that I We need to do more than just count on teacher quality programs by $155 mil- believe violates the law and could alternative routes to certification. Al- lion this year. They include: The elimi- lower teacher quality. ternative routes to certification could nation of funding for preparing tomor- provide, at best, one-third of all of the The guidance says: ‘‘Any Teacher row’s teachers to use technology is who has obtained full state certifi- teachers we need in our public school enormously important. You can get the systems. For example, the Troops to cation, whether he or she has achieved new technology in the classroom, but certification through traditional or al- Teachers only places about 700 teachers unless the teacher understands how to ternative routes, has a four-year col- per year. We need to hire more than use the technology and how to develop lege degree, and has demonstrated sub- 200,000 teachers per year to address the the curriculum to use the technology, ject matter competence, is considered shortages. Many of these new teachers you have missed the opportunity for to be highly qualified under the law. need to have specialized training in success. Teachers who are participating in an special education, math and bilingual This program was oversubscribed, alternative route program may be con- education. The alternative route pro- but it was eliminated by the Adminis- grams can provide some assistance, but tration. Funding for the National sidered to meet certification require- they are not the core of the solution. Board for Professional Teaching Stand- ments of the definition of a highly The solution lies in improving all of ards, which is enormously important, qualified teacher if participants in the the teacher preparation and training was eliminated. Certification by the program are permitted by the state to programs and providing all teachers National Board for Professional Teach- assume functions as regular classroom with the ongoing support they need ing Standards, all across the country, teachers and are making satisfactory once they are in the classroom. is the key for increasing compensation, progress towards full certification as Some traditional teacher preparation increasing professionalism, and in- prescribed by the state and the pro- programs and alternative routes are creasing success. The National Board gram.’’ successful. All the successful programs has been incredibly important and ef- This creates a double standard when have the same characteristics. The re- fective and yet the Bush Administra- it comes to teachers working through cent report by the National Center on tion eliminates it. alternate routes compared to teachers Educational Information said that a The Bush budget eliminates pro- working through the regular certifi- successful alternative route program is grams to prepare teachers to teach cation program—those working

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5343 through the regular certification pro- Following that, we would be, I believe, debate on the question of the estate gram must be fully certified—no emer- in a position to lay down the first-de- tax. My friends on the other side char- gency, temporary provisional certifi- gree amendment at that time pursuant acterize it as a death tax. It is really cation. to the order and the 2-hour time will not. There is no such thing as a death Alternate route teachers can be con- start running at that time. tax in America. Nobody pays taxes at sidered highly qualified while holding a The PRESIDING OFFICER. Without death. There is an estate tax. For es- provisional certification while they are objection, it is so ordered. tates over a certain amount, they con- working to obtain full certification. The Senator from Texas. tribute to the revenue of the Federal This is inconsistent with the definition Mr. GRAMM. Mr. President, let me Government by paying an estate tax. in the ESEA which holds the same take a couple of minutes to tell people The problem with the current estate standards for all teachers. where we are. We worked out an agree- tax is that it cuts in at too low a level. I hope the draft guidance will be ment several weeks ago to debate the Currently, estates begin to be taxed at changed to ensure when we say all permanent repeal of the death tax. I about $1 million. The fact is, only teachers will be highly qualified, we thank the majority leader for agreeing about 2 percent of all estates pay any mean all teachers are highly qualified. to allow this to happen. We now have a tax, even under that circumstance. But We do not want to find on the one hand unanimous consent agreement that with what has happened in the national statements about the importance of dictates how the debate will occur. I economy, many of us believe we do these findings, and then on the other will go over it so everyone will know need to reform the estate tax—not hand have the drafting of rules and reg- exactly what we are doing. eliminate it but reform it. Under the unanimous consent agree- ulations which are going to result in Why? First of all, because it is not ment, a majority member, a Democrat, lower standards for the teachers in the fair to have the estate tax cut in at will be recognized to offer a first-de- classroom. that level, given the increase in assets gree amendment related to the death We welcome this report, but it comes that has occurred in the country in the tax. That amendment, by a majority back again to the issue of whether we last decade. At the same time, it does member, will be subject to two second- are prepared to help the States, not make much sense to us to elimi- degree amendments also offered by ma- schools, parents, and children in this nate the estate tax completely because jority members. Those two second-de- country by helping ensure there is a of the cost. What our friends on the gree amendments will be disposed of— other side of the aisle are proposing is well-qualified teacher in every class- either with a point of order, a motion room. We have the legislation. We have a $100 billion cost in this decade and a to table, or a vote—and will be accept- $740 billion cost in the next decade, followed these various recommenda- ed or rejected. Then there will be one tions, and all we need is the invest- right at the time the baby boom gen- amendment standing, whether it is eration retires—all of this in the con- ment to make this happen. That is why amended or not, and it will be voted we are going to continue to battle for text of budget deficits as far as we can on. Then I will be recognized to offer a see. the children of this country by insist- first-degree amendment. It will not be I believe we ought to reform the es- ing that we have an adequate budget subject to an amendment. I will offer tate tax. I believe we ought to increase invested in teacher quality. an amendment identical to the perma- the level at which it cuts in on individ- I yield the floor, and I suggest the ab- nent repeal of the death tax adopted by uals and their families. But to elimi- sence of a quorum. the House of Representatives. So if my nate the estate tax and dig the deficit The PRESIDING OFFICER (Mr. CAR- amendment is be adopted, the bill hole deeper, put us deeper into debt PER). The clerk will call the roll. would again pass the House and the and take it all out of Social Security, The senior assistant bill clerk pro- President could sign it into law. I do not think is defensible. ceeded to call the roll. If any other amendments should be Last year, the President said this Mr. REID. Mr. President, I ask unan- adopted, we have to have a debate as to about paying down the debt: imous consent that the order for the whether we would name conferees and My budget pays down a record amount of quorum call be rescinded. we would potentially have to go to con- national debt. We will pay off $2 trillion of The PRESIDING OFFICER. Without ference with the House. debt over the next decade. That will be the objection, it is so ordered. That is basically where we are. We largest debt reduction of any country, ever. f are now awaiting the offering of a first- Future generations should not be forced to degree amendment. Then that will be pay back money that we have borrowed. We DEATH TAX ELIMINATION ACT OF owe this kind of responsibility to our chil- 2001 subject to two second-degree amendments, offered by the majority. We will dren and grandchildren. The PRESIDING OFFICER. Under vote on each one of them, in order, and What a difference a year makes, be- the previous order, the clerk will re- then we will vote on the underlying cause just a few hours ago we report H.R. 8. amendment. I assume we would prob- sponded to the President’s request for The senior assistant bill clerk read as ably get through one vote this after- the biggest increase in the debt—the follows: noon and then we would have three second biggest increase in the debt in A bill (H.R. 8) to amend the Internal Rev- votes tomorrow and we would finish up our Nation’s history. That is what we enue Code of 1986 to phase out the estate and tomorrow sometime in the mid-early did just hours ago. Has this Chamber gift taxes over a 10-year period, and for other afternoon if all the time is used. already forgotten? Have we already for- purposes. I remind my colleagues there are 2 gotten that we just responded to the Mr. REID. Mr. President, I suggest hours on the first second-degree President, who said he was going to the absence of a quorum. amendment, 2 hours on the second sec- pay down the biggest amount of debt in The PRESIDING OFFICER. The ond-degree amendment, 2 hours on the our Nation’s history, in fact he said the clerk will call the roll. underlying first degree, and then there biggest amount of any country ever? The legislative clerk proceeded to would be 2 hours on my amendment And now, just 2 hours ago, 3 hours ago, call the roll. which would repeal the death tax, in we responded to his request for not Mr. REID. I ask unanimous consent exactly the same form the House has debt paydown but the biggest expan- that the order for the quorum call be passed, and then there would be a vote sion of the debt—the second biggest ex- rescinded. on it and we would be finished. pansion in our Nation’s history? The PRESIDING OFFICER. Without That is where we are in terms of the Here is the comparison. The only objection, it is so ordered. structure of the debate. I wanted ev- time we had a bigger increase in the Mr. REID. Mr. President, I ask unan- eryone to understand exactly where we debt than what the President is seek- imous consent Senators GRAMM and are. I reserve the remainder of my ing was when his father was President. KYL be recognized for 5 minutes each; time. When his father was President, we had however they want to divide up the 10 The PRESIDING OFFICER. The Sen- to increase the debt by $915 billion, in minutes to speak on the general sub- ator from North Dakota. November of 1990. Now this President ject of the estate tax, and Senator CON- Mr. CONRAD. Mr. President, this comes and asks for a $750 billion in- RAD be recognized for up to 10 minutes. afternoon we begin a very important crease in the debt. That is after telling

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5344 CONGRESSIONAL RECORD — SENATE June 11, 2002 us last year he was going to pay down with respect to the deficits and debt of that your relative died. You are going the debt by the maximum amount pos- this country. to go back to the value of what they sible, the biggest of any country ever. Here is where we are, looking back to paid for it. Last year, the President told us it 1992, when there were deep deficits, not Let us say you inherit a farm. You would be 7 years before we would have counting Social Security. We were don’t inherit the value of the farm at to increase any debt. In August of last able, over a period of years, to pull our the time your father died or your year, he told us it would be 3 years be- country out of this deficit and debt mo- grandfather died. You are going to pay fore any increase in the debt. In De- rass. We were able to run surpluses for future taxes based on what they paid cember 2001, he told us 2 months. Right 3 years. But look at what happened last for the property. now, the Treasury Department is using year. We are right back in the soup. There is a big difference between our extraordinary means to finance the For anybody who thinks it is going to proposals. It is an accounting night- debt of the United States. They are be short-lived, here is the hard reality. mare. taking from the retirement funds of We are poised to be back in deficit for What our friends are proposing we Federal employees to cover the Federal the entire next decade—billions, hun- tried before—the carryover basis, going debt. dreds of billions of dollars of deficit back to what grandpa paid for a prop- Let me say this. If any private com- and debt. erty. It was an administrative night- pany tried that, they would be on their Again, I say our friends on the other mare for all concerned. And we quickly way to a Federal facility, but it would side, in their proposal, say: Don’t abandoned it. They want to go back to not be the White House of the United worry about that; don’t worry about all the bad, old days. States, it would not be the Congress of this red ink; don’t worry about all Not only does this proposal fun- the United States, they would be on these deficits; don’t worry about piling damentally reform the estate tax and their way to a Federal penitentiary be- up the debt; let’s just go out there and make it more fair and avoid going to cause that is a violation of Federal cut some more taxes and not pay for it. carryover basis, but it also saves hun- law. But that is what is going on right That is their answer. They will add an- dreds of billions of dollars in the sec- now. other $100 billion to these deficits over ond decade. In this decade it saves $87 You recall in the previous adminis- the next decade. But what is really billion. The cost of our proposal in this tration they did that for a short time stunning is in the second 10-year period decade is $12.5 billion. The cost of their and in the House of Representatives they would take another $740 billion proposal is $99.4 billion. our friends across the aisle filed im- right out of Social Security trust Under the proposal I am making, by peachment proceedings against the funds. 2009, only .3 percent of estates will face Secretary of the Treasury for doing There is an alternative that deals any estate tax liability. That means what this Secretary of the Treasury is both with the question of reforming 99.7 percent of estates would pay zero, now doing. the estate tax and making it more fair nothing, have no estate tax liability. Can we forget what just happened a and at the same time reducing the cost We will have more to say about this few hours ago, when there was a vote dramatically over what our friends on as we go forward. here to increase the debt of the United the other side of the aisle are pro- At this point, I want to yield the States by $450 billion? The President posing. floor so my colleague from Arizona, requested $750 billion in increased debt. What I am proposing is immediate re- Senator KYL, can have a chance at this We increased it $450 billion. lief. Take the estate tax exemption to initial moment to speak on this sub- Mr. President, how much time do I $3 million next year—$1 million now, ject. have remaining? and increase that to $3 million next The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- year—$6 million for a couple for 2009, ator from Arizona. ator has used 6 minutes of his 10; 4 min- and thereafter the exemption would in- Mr. KYL. Mr. President, in addition utes remain. crease to $3.5 million. The maximum to the 3 minutes granted by the exten- Mr. CONRAD. Mr. President, remem- estate tax rate would be frozen at 50 sion, I inquire about how much time ber last year? We have to put this in percent. We retain the stepped-up remains on our side. context. We have to think about the basis. The PRESIDING OFFICER. Ten min- circumstance within which we are Mr. President, I ask for an additional utes. making decisions. Last year, we were 31⁄2 minutes and for the other side as Mr. KYL. Which includes the 3 min- told there was going to be $5.6 trillion well. utes. of surpluses over the next decade. That The PRESIDING OFFICER. Is there The PRESIDING OFFICER. That is is what we were told just last year. objection? Without objection, it is so correct. Now we look at the budget cir- ordered. Mr. KYL. I will speak for 5 minutes, cumstance of the United States, and Mr. CONRAD. Mr. President, we have and our colleague from Texas will the surpluses are all gone. There are no retained the stepped-up basis. The speak for 5 minutes. surpluses. In fact, if we look at the other side’s proposal goes to what is I thank the Chair. President’s budget and we look at the called a carryover basis. Mr. President, let me make three latest shortfall in revenues and we look This is a hugely important issue that points. at the stimulus package just passed, people should understand. We will have First of all, I find it very interesting what we see over the next decade is not a chance to go into it as we proceed. that our Democratic colleague is wor- $5.6 trillion of surpluses, what we see is Let me say at this point that in a ried about the debt of the United $600 billion of deficits. It is a pretty stepped-up basis, when a relative dies, States. This does not seem to be much stunning turnaround. In 1 year we go you inherit their property at its value of a concern to him or his colleagues from $5.6 trillion of surpluses to $600 at the time they die. when they vote for spending bills billion of deficits. And our friends on That is a very important concept to around here. the other side want to dig the hole understand. Let me repeat it. Just recently—I took some of the much deeper—much deeper—by adding Under a stepped-up basis, you pay fu- more recent ones—the railroad retire- $100 billion, and another cost in the ture taxes based on the value of the ment bill was $15 billion in one pay- next 10 years of $740 billion, right at property of the loved one that is giving ment. I voted against that. The farm the time the baby boom generation re- you the property. You pay on the basis bill was $82.8 billion over the baseline, tires. It does not make much sense to of the value of the property at the time over the budgeted amount. I voted me to eliminate this estate tax instead they died—not what they paid for it against that. of reforming it. but the value at the time they died. Mr. CONRAD. Will the Senator yield? Yes, let’s address the problems that Under the alternative proposal of- Mr. KYL. I am happy to yield for a exist with the estate tax. Let’s in- fered on the other side, you are going moment—for a moment, please. crease the amount of the exemption in to go to what is called a carryover Mr. CONRAD. The amount that the a responsible and rational way. But basis. You are not going to pay future Senator refers to is not over the budg- let’s not dig the hole deeper and deeper taxes based on the value at the time et. Every penny of the money in the

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5345 farm bill is within the budget. Does he sell all of that property, cash it in, do hear it in the long debate, but since we acknowledge that? you know how much she pays in cap- are waiting for them to come forward Mr. KYL. No. Let me reiterate what ital gains tax? Zero. Zip. Nothing. That with their amendment, I want to make I said. The fact is that the distin- is how much you pay under the amend- some points early on. They are going guished Senator from North Dakota, ment of the Senator from North Da- to say: OK, it is wrong to make people chairman of the Budget Committee, kota. sell off their life’s work, but shouldn’t has not been able to bring a budget to Under our proposal, you would pay we redistribute wealth? Shouldn’t we the floor. So there is no budget. We are the capital gains on the original value say that above a certain level we are talking about the baseline. I believe of the property. going to have a death tax? They are ba- my number is accurate with respect If her dear loved one bought that sically going to try to appeal to this thereto. We are spending billions on property for $100 million way back old class struggle, this old Marxist idea this farm program above what we origi- when and sells it for $1 billion, that is that has been rejected everywhere else nally had decided to spend; under trade a $900 million gain. She would pay a in the world but still carries currency adjustment assistance, over $11 billion capital gains tax on that again. in the United States of America. over the President’s request—a 10-year Our idea is that death should not be The second thing they will do is say: number; in the supplemental that we a taxable event. You can’t anticipate Look, we wanted to repeal the death just passed—a 1-year number—about $4 it. It is the worst possible time to have tax but we can’t afford it. We just can’t billion above the President’s request. to pay a tax. It is not fair. Most of the afford it. Let me remind my col- The highway bill is about 5.7 above Tax Code says you pay a tax when you leagues, we don’t have to go way back the President’s request. do something knowing what the tax to the railroad retirement debate of My point is that it seems to be a lit- consequences will be. You earn money, last year to see that this is not true. tle contradictory when some col- you sell property—those are taxable Let’s go to last Thursday. Last Thurs- leagues are so concerned about the events. What we are doing is replacing day this body, the Senate, voted over- debt, and all of a sudden they are one tax for another. whelmingly—and I think almost every happy to spend very large sums of The estate tax is unfair, it is wrong, Democrat Member of the Senate voted money above the baseline. and it should be repealed. It will be re- for the bill—to spend $14 billion more Let us get into this debt business a placed by a capital gains tax. than the President requested for non- little bit more. With what do we pay The interesting thing about it is that emergency items in a supplemental ap- down debt? really wealthy people will end up pay- propriation. That’s $14 billion more We pay down debt with Social Secu- ing a tax when they sell that property; than the President asked for in non- rity income. Under Social Security whereas, they would not pay nearly as emergency items. That is 4 times what revenues—the FICA tax—you pay in 7.6 much tax as they would under the it costs to repeal the death tax next percent and your employer pays 7.6 amendment of the Senator from North year. percent. That is Social Security. Dakota. So our colleagues today are broken- The death tax receipts don’t pay for What it really boils down to is you hearted: You would repeal the death Social Security. Not one nickel of the are still paying the tax. What it really tax and deny the Government that death tax collections or estate tax col- boils down to is a matter of policy. You money, and we are so worried. They are lections pay for Social Security bene- are going to pay sooner or later. But do worried about the deficit and the debt. fits—not one nickel. If we repeal the you want to pay with death being the Where were they Thursday? Where entire death tax today, Social Security taxable event or do you want to pay a were they Thursday night? I was here. wouldn’t lose one nickel because that tax based on an economic decision you I raised a point of order against 80 isn’t where Social Security gets its made knowing what the tax con- amendments. Where were they? They money. You all know where Social Se- sequences would be. That is what our were willing to spend four times as curity gets its money—from the FICA Tax Code theory is and the death tax much this coming year on spending the tax, the Social Security payments. should comport with that. President didn’t ask for in an emer- Those right now are in surplus. The PRESIDING OFFICER. The Sen- gency bill than it would cost to repeal What do we do with the surplus? We ator from Texas is recognized for 41⁄2 the death tax. pay down the debt with it. minutes. On the farm bill, they were willing to If my colleagues are worried about Mr. GRAMM. I don’t mind yielding to spend seven times as much as the cost the need to pay down the debt, then my Democratic colleague. of repealing the death tax. Now they they are talking about taxes, Social Mr. CONRAD. I inquire as to the are worried about the debt. They are Security money, and paying down the time. worried about the deficit. But last debt with that. That is exactly what The PRESIDING OFFICER. Four and month when we passed this bloated, in- happens every single year. We all agree one-half minutes remain to the Sen- flated farm bill, they were willing to to that. ator from Texas. spend seven times as much as it would If they are worried about taking Mr. CONRAD. Do I have time on my cost this coming year to repeal the away money for Social Security, then side? death tax. They were not worried then, they need to be worried about the So- The PRESIDING OFFICER. No, you but they are really worried today. cial Security tax collections and not do not. Then there was the energy tax incen- the estate tax collections. None of that Mr. GRAMM. Mr. President, we all tive. They weren’t worried then. They money goes for Social Security. understand that the death tax basi- were willing to spend more on energy This is a bogus argument that Social cally says if somebody works a life- tax incentives than it would cost next Security would in any way be affected time, they scrimp and save and sac- year to repeal the death tax. by a reduction of the estate tax collec- rifice, they plow the money back into Finally, just to add insult to injury, tions. their business or their farm or their es- on the budget that was reported on a Finally, to this argument that some- tate, they do it for their family, and straight party-line vote out of the how it is unfair for us to step up the then they die, then their family has to Budget Committee, the Democrat ma- basis—or, rather, to carry over the sell their business or sell their farm or jority increased nondefense discre- basis rather than have a stepped-up sell off their estate to give the govern- tionary spending by a whopping $105.8 basis, this may seem to be an arcane ment a double taxation of 55 cents out billion above the level requested by the argument to folks who aren’t familiar of every dollar they have earned in President. In other words, when they with these terms. Here in practical their lives. It is an absolute outrage. cast that vote, they could afford $106 terms is what it means. The American people believe that. billion. That is more than enough to You have a billionaire and he dies. Today and tomorrow, as we debate fund the repeal of the death tax for the His wife inherits the money. Under the this issue, our Democrat colleagues are next 10 years. proposal of the Senator from North Da- not going to defend the death tax as I know they are upset today. They kota, if the spouse decides the day such. They are going to try to make a are very upset about the deficit and the after her dear loved one’s departure to series of points. You are going to get to debt. But they are only upset when we

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5346 CONGRESSIONAL RECORD — SENATE June 11, 2002 are talking about letting people keep lating to applicable credit amount) is ‘‘(3) PASSIVE ASSET.—For purposes of this more of what they earn. They are amended by striking all that follows ‘‘the ap- subsection, the term ‘passive asset’ means never, ever upset when it comes to plicable exclusion amount’’ and inserting ‘‘. any— spending money. For purposes of the preceding sentence, the ‘‘(A) cash or cash equivalents, applicable exclusion amount is $3,000,000 ‘‘(B) except to the extent provided by the They write a budget that spends ($3,500,000 in the case of estates of decedents Secretary, stock in a corporation or any more money on new discretionary pro- dying after December 31, 2008).’’. other equity, profits, or capital interest in grams than repealing the death tax (2) EARLIER TERMINATION OF SECTION 2057.— any entity, would cost, but when it is time to let Subsection (f) of section 2057 of such Code is ‘‘(C) evidence of indebtedness, option, for- people keep money, they are worried. amended by striking ‘‘December 31, 2003’’ and ward or futures contract, notional principal The PRESIDING OFFICER. The Sen- inserting ‘‘December 31, 2002’’. contract, or derivative, ator’s time has expired. (b) MAXIMUM ESTATE TAX RATE TO REMAIN ‘‘(D) asset described in clause (iii), (iv), or The Senator from Nevada. AT 50 PERCENT; RESTORATION OF PHASEOUT OF (v) of section 351(e)(1)(B), Mr. REID. It is my understanding GRADUATED RATES AND UNIFIED CREDIT.— ‘‘(E) annuity, that all time has been used that was Paragraph (2) of section 2001(c) of such Code ‘‘(F) real property used in 1 or more real is amended to read as follows: property trades or businesses (as defined in previously allocated. ‘‘(2) PHASEOUT OF GRADUATED RATES AND section 469(c)(7)(C)), The PRESIDING OFFICER. The Sen- UNIFIED CREDIT.—The tentative tax deter- ‘‘(G) asset (other than a patent, trade- ator is correct. mined under paragraph (1) shall be increased mark, or copyright) which produces royalty Mr. REID. I would now say to the by an amount equal to 5 percent of so much income, Chair that under the unanimous con- of the amount (with respect to which the ‘‘(H) commodity, sent request before the Senate, there is tentative tax is to be computed) as exceeds ‘‘(I) collectible (within the meaning of sec- an opportunity now for the majority to $10,000,000. The amount of the increase under tion 401(m)), or lay down an amendment; is that cor- the preceding sentence shall not exceed the ‘‘(J) any other asset specified in regula- rect? sum of the applicable credit amount under tions prescribed by the Secretary. section 2010(c) and $224,200.’’. ‘‘(4) LOOK-THRU RULES.— The PRESIDING OFFICER. The Sen- (c) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—If a nonbusiness asset of ator is correct. made by this section shall apply to estates of an entity consists of a 10-percent interest in Mr. REID. I ask that Senator CONRAD decedents dying, and gifts made, after De- any other entity, this subsection shall be ap- be recognized for that purpose. cember 31, 2002. plied by disregarding the 10-percent interest The PRESIDING OFFICER. Without SEC. 3. VALUATION RULES FOR CERTAIN TRANS- and by treating the entity as holding di- objection, it is so ordered. FERS OF NONBUSINESS ASSETS; LIM- rectly its ratable share of the assets of the The Senator from North Dakota. ITATION ON MINORITY DISCOUNTS. other entity. This subparagraph shall be ap- AMENDMENT NO. 3831 (a) IN GENERAL.—Section 2031 of the Inter- plied successively to any 10-percent interest Mr. CONRAD. Mr. President, I send nal Revenue Code of 1986 (relating to defini- of such other entity in any other entity. tion of gross estate) is amended by redesig- ‘‘(B) 10-PERCENT INTEREST.—The term ‘10- an amendment to the desk. nating subsection (d) as subsection (f) and by percent interest’ means— The PRESIDING OFFICER. The inserting after subsection (c) the following ‘‘(i) in the case of an interest in a corpora- clerk will report. new subsections: tion, ownership of at least 10 percent (by The legislative clerk read as follows: ‘‘(d) VALUATION RULES FOR CERTAIN TRANS- vote or value) of the stock in such corpora- The Senator from North Dakota [Mr. CON- FERS OF NONBUSINESS ASSETS.—For purposes tion, RAD] proposes an amendment numbered 3831. of this chapter and chapter 12— ‘‘(ii) in the case of an interest in a partner- Mr. CONRAD. Mr. President, I ask ‘‘(1) IN GENERAL.—In the case of the trans- ship, ownership of at least 10 percent of the unanimous consent that reading of the fer of any interest in an entity other than an capital or profits interest in the partnership, interest which is actively traded (within the and amendment be dispensed with. meaning of section 1092)— ‘‘(iii) in any other case, ownership of at The PRESIDING OFFICER. Without ‘‘(A) the value of any nonbusiness assets least 10 percent of the beneficial interests in objection, it is so ordered. held by the entity shall be determined as if the entity. The amendment is as follows: the transferor had transferred such assets di- ‘‘(5) COORDINATION WITH SUBSECTION (b).— (Purpose: To amend the Internal Revenue rectly to the transferee (and no valuation Subsection (b) shall apply after the applica- Code of 1986 to restore the estate tax with discount shall be allowed with respect to tion of this subsection. such nonbusiness assets), and modifications) ‘‘(e) LIMITATION ON MINORITY DISCOUNTS.— Strike all after the enacting clause, and in- ‘‘(B) the nonbusiness assets shall not be For purposes of this chapter and chapter 12, sert the following: taken into account in determining the value in the case of the transfer of any interest in of the interest in the entity. SECTION 1. RESTORATION OF ESTATE TAX; RE- an entity other than an interest which is ac- ‘‘(2) NONBUSINESS ASSETS.—For purposes of PEAL OF CARRYOVER BASIS. tively traded (within the meaning of section this subsection— (a) IN GENERAL.—Subtitles A and E of title 1092), no discount shall be allowed by reason ‘‘(A) IN GENERAL.—The term ‘nonbusiness V of the Economic Growth and Tax Relief of the fact that the transferee does not have asset’ means any asset which is not used in Reconciliation Act of 2001, and the amend- control of such entity if the transferee and the active conduct of 1 or more trades or ments made by such subtitles, are hereby remembers of the family (as defined in section businesses. pealed; and the Internal Revenue Code of 1986 2032A(e)(2)) of the transferee have control of ‘‘(B) EXCEPTION FOR CERTAIN PASSIVE AS- shall be applied as if such subtitles, and such entity.’’. amendments, had never been enacted. SETS.—Except as provided in subparagraph (b) SUNSET NOT TO APPLY.— (C), a passive asset shall not be treated for (b) EFFECTIVE DATE.—The amendments (1) Subsection (a) of section 901 of the Eco- purposes of subparagraph (A) as used in the made by this section shall apply to transfers nomic Growth and Tax Relief Reconciliation active conduct of a trade or business unless— after the date of the enactment of this Act. ‘‘(i) the asset is property described in para- Act of 2001 is amended by striking ‘‘this Act’’ Mr. CONRAD. Mr. President, I have and all that follows and inserting ‘‘this Act graph (1) or (4) of section 1221(a) or is a hedge (other than title V) shall not apply to tax- with respect to such property, or already described what my amendment able, plan, or limitation years beginning ‘‘(ii) the asset is real property used in the does. I will use the first part of my after December 31, 2010.’’. active conduct of 1 or more real property time to answer the very creative argu- (2) Subsection (b) of such section 901 is trades or businesses (within the meaning of ments made by my colleagues on the amended by striking ‘‘, estates, gifts, and section 469(c)(7)(C)) in which the transferor other side. I have never heard such transfers’’. materially participates and with respect to imaginative arguments on the Senate which the transferor meets the requirements (c) CONFORMING AMENDMENTS.—Subsections floor. This is really intriguing. (d) and (e) of section 511 of the Economic of section 469(c)(7)(B)(ii). Growth and Tax Relief Reconciliation Act of For purposes of clause (ii), material partici- They start out by justifying elimi- 2001, and the amendments made by such sub- pation shall be determined under the rules of nating the estate tax by an attack on sections, are hereby repealed; and the Inter- section 469(h), except that section 469(h)(3) the farm bill, saying the farm bill was nal Revenue Code of 1986 shall be applied as shall be applied without regard to the limita- over the budget and, therefore, what if such subsections, and amendments, had tion to farming activity. does it matter if we take another $700 never been enacted. ‘‘(C) EXCEPTION FOR WORKING CAPITAL.— billion out of Social Security in order SEC. 2. MODIFICATIONS TO ESTATE TAX. Any asset (including a passive asset) which (a) INCREASE IN EXCLUSION EQUIVALENT OF is held as a part of the reasonably required to eliminate the estate tax. How soon UNIFIED CREDIT.— working capital needs of a trade or business they have forgotten their own votes. (1) IN GENERAL.—Subsection (c) of section shall be treated as used in the active conduct They voted for the farm bill budget 2010 of the Internal Revenue Code of 1986 (re- of a trade or business. which they decry. Yes, they did. The

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5347 farm bill budget was provided for in the So is this some big, wasteful spend- in our Nation’s history. They told us a last budget resolution. ing program to protect our nuclear fa- year ago that we would have surpluses Our colleagues on the other side of cilities, to protect our ports and to proof $5.6 trillion in the next decade. Now the aisle voted aye. They voted for the vide funding to our first responders? I the money is all gone. Instead of sur- Republican budget resolution. The Re- don’t think so. That is the difference pluses, there are deficits. That is the publican budget resolution passed on between the House bill the President hard reality. the floor of the Senate was their reso- praised and the Senate bill that the So the question before us is, what do lution. Their colleagues in the House President attacked. There is no $10 bil- we do about the estate tax? Let me passed exactly the same budget resolu- lion difference. That is total fiction. stipulate that they have one part of tion. Do you know what else? Their Let’s go back to the question of the this argument right. We need to change President proposed a budget with ex- fundamental issue before us. Is spend- the estate tax. We should not leave it actly that amount of money in it for ing a threat to our fiscal future? Abso- the way it is. We should not let it hit the farm bill. lutely. But our fiscal future is deter- people with a million dollars of assets. I hate to rain on their parade, but mined not just by spending, but by the We ought to increase it. That is what they supported the Republican budget relationship between spending and rev- my proposal does. My proposal goes to resolution that funded the farm bill. enue. Deficits are created by an imbal- $3 million next year, $6 million for a That was their budget resolution. That ance between spending and revenue. couple. You don’t have to wait until was their proposal. They voted for it. You only have deficits when you spend 2007, as you do under their proposal. We Now they come out here and attack it. more than your income. go to $3 million for an individual and $6 They should have been here voting We know the circumstance we face as million for a couple next year. You against their own budget resolution be- a nation. It has become abundantly don’t have to pay a penny of estate tax. cause that is what provided the budget clear to all of us. We face a cir- In 2009, we go to $3.9 million. for the new farm bill. cumstance in which we see in our fu- On their side, they talk about how The Senator from Texas talks about ture an ocean of red ink. Here it is. We much they care about helping people. the bill that just passed that was re- go back to 1992 on this chart. We were But they want to wait. They want to quested by the President. He has at- facing deficits, not counting Social Se- wait. I don’t want to wait. I want to go tacked the supplemental appropria- curity, of $341 billion. In 1993, we to $3 million for an individual, $6 mil- tions bill that was requested by the passed a 5-year plan that started lifting lion for a couple next year. Give them President. The difference between what us out of deficit. the estate tax relief they deserve. we passed here, which he attacks, and By the way, not one of our friends on Don’t eliminate it. Don’t say to the what the House of Representatives the other side voted for it. It was the wealthiest among us—the super passed, according to the Congressional plan that started lifting us out of def- wealthy—you don’t ever have to face Budget Office, is $1.3 billion, not the icit. any estate tax. Why? Because it costs $10 billion to which he referred. The $10 Each year, we were coming out of too much, Mr. President. Their pro- billion he referred to is an absolute deficit. Then in 1997, on a bipartisan posal costs $99 billion—$99 billion in myth. There is $1.3 billion of difference basis, we passed a plan that finished this decade. The proposal I am making costs $12.6 between what the Senate passed and the job. We actually got back into sur- billion in this decade. So it seems to the House passed. plus. We were there for 3 years, and me it is a pretty good proposal. No. 1, By the way, the President praised then we got plunged back into the def- it gives immediate and substantial re- what the House passed and condemned icit hole by the events of last year: No. lief to estates by going from a million what the Senate passed. In a $30 billion 1, the tax cut advocated by our friends dollars of exemption to $3 million for bill, there was only $1 billion dif- on the other side; No. 2, the attack on an individual, $6 million a couple, not ference. Where is the difference? The this country; No. 3, the economic slow- in 2007 or in 2008, but next year. No. 2, Senate bill has more money for first re- down. it costs a lot less because you don’t sponders, the policemen and the fire- When you wonder where the sur- eliminate the estate tax, you reform it. men we expect to protect this Nation, pluses went, here is what we find: 42 Their plan costs $99.4 billion. Mine percent went to the tax cuts that were a $600 million difference there. There costs $12.6 billion. was $300 million more in the Senate passed last year; 23 percent went to the Mine includes a stepped-up basis bill than the House bill to protect our economic slowdown; 18 percent went to rather than a carryover basis. I know nuclear facilities. the increased costs of the attack on that is confusing and I know those are Has anybody read the paper the last our country; 17 percent are due to tech- words most people don’t use. What it few days? Of what did the administra- nical changes, mostly underesti- means is simply this: Under my plan, tion warn us? They warned us of a mations of the cost of Medicare and you will pay future taxes based on the ‘‘dirty’’ bomb attack on the Capitol of Medicaid. value of the assets you inherit at the the United States. What is a ‘‘dirty’’ We have before us a fundamental time you inherit them. You will not be bomb? It is a regular bomb with nu- question: How are we going to deal paying taxes based on what grandpa clear fissile material around it. Do you with this ocean of red ink? Our friends paid for the asset you inherited. Think know what would happen if that kind on the other side say: Well, let’s keep of the difference. Not only is that a big of bomb were dropped in the vicinity of digging the hole deeper. It doesn’t mat- tax difference, that is a big difference the Capitol? The former Vice Chairman ter. We were for eliminating the estate in terms of practicality and simplifica- of the Joint Chiefs of Staff, Admiral tax last year, and we are still for it. It tion. Owens, told me in a breakfast just 2 doesn’t matter that the surpluses have We tried what they are proposing, weeks ago, it would make the Capitol evaporated. It doesn’t matter that the this idea of carryover basis, this idea area uninhabitable in a mile circum- money is all gone. We are going to stay that you are going to go back to the ference for 400 years. steady on this course—even if the value of what grandpa paid for the From where might that nuclear course leads to insolvency. It doesn’t farm, of what grandpa paid for the fissile material come? It might come matter that just a few hours ago this stock, of what grandpa paid for the real from our own labs. That is why the Chamber voted to increase the debt of estate. Do you know what we found? Senate added $300 million to protect the United States by $450 billion. Most people don’t even have the our nuclear facilities and added $650 That is after the President and our records. Most people don’t even know million for our first responders—our friends on the other side promised us what grandpa paid. Most people don’t policemen and firemen—and added an- last year that they had a financial plan have any idea, and they can’t find out other $700 million to protect our ports, that was going to lead to the maximum because it happened 30 or 40 or 50 years because one of the things we know is paydown of our debt. That is what they ago. We tried this. We tried what they that nuclear fissile material might said a year ago. They had a plan that are proposing. It was an administrative come into this country everyday in would lead to the maximum paydown disaster, an administrative nightmare. thousands of containers. And only 2 of the debt. Now they have asked for We will hear the other side saying percent are checked. the second biggest increase in the debt that these assets have already been

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5348 CONGRESSIONAL RECORD — SENATE June 11, 2002 taxed. The fact is, an analysis has been ment reach in at the time of death of a scope, moving millions and millions of done. The vast majority of these assets family member and take out 55 percent dollars a year in parts. As a former have never been taxed. Yet they say it of what that family has accumulated is parts person myself and a former is double-dipping. Most of these cases a confiscation. It is an absolute deci- equipment dealer, I have some empa- are assets that have never been taxed. mation of a family’s life and savings. thy for them. I believe the proposal that—— I had an individual tell me about I will just say this: Carquest, as a Mr. KYL. Will the Senator yield for a their grandfather. Everybody was home major national company, a broadly question on that? for Christmas. It was just after Ronald held stock company, never pays the Mr. CONRAD. Yes. Reagan had pushed through a modifica- death tax. It is never impacted by a Mr. KYL. I am curious about the tion of the estate tax. It would have death tax. But a closely held corpora- source of the statement that the ma- saved his family a little money. The tion is savaged by the death tax. jority of assets has never been taxed. grandfather was there at Christmas. It reminds me of a situation in which Mr. CONRAD. Yes. I will get the Sen- The cancer was taking its toll on him. there are some trees growing up. There ator a copy of the analysis on that. Every day, he asked what day it was. are some big trees and there are some Mr. KYL. I thank the Senator. She told me: My grandfather died at 10 little trees growing. They are trying to Mr. CONRAD. The hard reality is a.m. on January 1. His last act was to compete with the big trees to get more that we have to make choices. We do what he could to keep the taxman sunlight and develop and expand and ought to reform the estate tax. We from taking away what he had earned compete with the big trees, and some- ought to increase the amount of ex- and preserve it for his family. body comes along with the clippers and emption. We should not wait for 2007 I think this is a big deal. It touches clips the tops off them, making it im- and 2008. We ought to do it now. a lot of people. Some people say: Oh, it possible for them to compete. Under my proposal, we go to $3 mil- is huge revenue, we cannot afford it. It If my colleagues want to know why lion from $1 million today for an indi- is only 1 percent of the total income in America today we see a collapse of vidual, $6 million for a couple. At the into this Government at best. That is local companies, why we see an un- same time, it costs a lot less. That something we certainly can afford to usual conglomeration of wealth in the means we do protect Social Security. eliminate. big stock companies, the reason is they We do protect the financial structure No tax causes more gyrations, more do not pay this tax. This is a tax that of this Government. We are fiscally re- lawyers, more accountants, CPAs, ap- falls only on the small companies in a sponsible. praisers, and strategists to try to beat way that devastates them too often. Mr. President, I yield the floor. this tax than does the death tax. I am concerned about that situation. The PRESIDING OFFICER. Who In addition to that, the Federal Gov- I ask you: Do GM, GE, yields time? ernment spends more on trying to col- DaimlerChrysler, Toyota, or The Senator from Texas. lect the tax than on any other tax. For Mitsubishi pay a death tax? No, they Mr. GRAMM. Mr. President, how the 1 percent we get, we are getting the do not. But I can take you back to the much time does the Senator from Ala- heaviest cost on the economy, the small bank in my hometown, the small bama need? heaviest cost on the Government to manufacturing company, or the small Mr. SESSIONS. Ten minutes. collect them. I think it is very unwise. chain of auto parts stores. I can tell Mr. GRAMM. I yield 10 minutes to It causes extraordinary stress on the you about a young man who told me the Senator from Alabama. elderly. that he and his father and brother The PRESIDING OFFICER. The Sen- Sit down, as I have done as a prac- owned four motels in Alabama. They ator from Alabama. ticing lawyer, and talk with a family would like to see their business expand. Mr. SESSIONS. Mr. President, I about the tough decisions they may He explained to me that he, his broth- thank the Senator from Texas for his have to make. Do they want to create er, and his father were paying $5,000 a leadership on this issue and for yield- a trust? Do they want to advance gift month for a life insurance policy on ing me time. money to children to try to reduce the their father’s life so they could pay the One of the issues we need to recog- impact of this tax? This is forcing the estate tax in case he died. Otherwise, nize as we talk about a budget—and we elderly to make decisions they ought they would have to take the money out have the distinguished chairman of the not have to make. It upsets them, of their company—and they had no Budget Committee here—is we do not makes them nervous, and causes them money to take out of the company; have a budget. One was proposed in the to make uneconomic decisions that re- they were pouring their money into the Budget Committee by the Democratic duce oftentimes the productivity and company—they would be forced to sell members. It was brought up, voted on, efficiencies of their corporations and off maybe to a Holiday Inn, maybe to a and got zero votes. The reason is that businesses. Ramada, or some big company that there is not sufficient discipline to It is, in my view, a huge nightmare does not pay the death tax. make tough choices in this body, and to collect. Much of the dispute is in We need to quit nickel-and-diming the budget that was proposed had no litigation over appraised values of this issue. We have voted to eliminate political support, did not balance, and properties. Many of these issues are this despicable, unfair, abusive tax did not make sense. just really a nightmare for the elderly. that eliminates and weakens competi- We are in trouble with spending. Let me share with my colleagues tion in America. It brings in little rev- When the President proposes an $18 bil- briefly what I think is the most per- enue at extraordinary cost to the tax lion emergency spending bill and this nicious part of this tax. My good collector and to the American people Senate adds $14 billion more to it for friend’s proposal to raise the exemp- who have to pay it. It is long overdue special projects that I do not believe tion to $3 million really will not touch to get rid of it. Let’s not back up now. are necessary, and, in fact, I think the it. These are the growing, vibrant, Let’s go forward. Let’s not let those President’s supplemental was generous, midsize, local, home-based companies who want more money to spend, spend, we are losing discipline on spending. that are doing well. spend, spend, and keep us from doing The reason we had a surplus from I know of a company that had 27 the right thing. 1994 to 1998 is we had almost no in- automobile parts stores. They built up Mr. President, I yield the floor. crease in spending in this body. We from one. They had headquarters in The PRESIDING OFFICER. The Sen- kept our spending flat on discretionary Alabama. One of the members dies, and ator from Nevada. spending. It resulted in tremendous then what do they do? They meet, have Mr. REID. Mr. President, the time is gains in balancing the budget. a discussion, and the net result is that controlled by the Senator from North It is time for us to deal with this es- this locally owned company, competing Dakota. I wonder if the Senator will tate/death tax. In 2000, we voted to with some of the biggest parts compa- yield me time to talk about some of eliminate it. It phases out at the end of nies in America, sells out to Carquest. the statements I heard this afternoon. 10 years, in 2010. People do not like it. I have nothing against Carquest, but Mr. CONRAD. I will be happy to do It is unfair. It disrupts the American that is a national company, maybe that. Maybe I will take a minute. economy. To have the Federal Govern- even an international company in Mr. REID. Fine.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5349 The PRESIDING OFFICER. The Sen- fund. So if he takes a big chunk more they have for providing security for ator from North Dakota. of revenue, how is it going to get cov- their people, and these are responsibil- Mr. CONRAD. Mr. President, we have ered? ities they believe that the Federal Gov- heard a lot from the other side about Mr. REID. Will the Senator answer ernment should bear. They gave an ex- spending running away. another question? ample of a place in Florida. Tomorrow If we examine the budget before us, Mr. CONRAD. I would be happy to. I think they said they are going to go all of the increase is in two areas: de- Mr. REID. The tax cuts that were to Orange County, CA, and indicate fense and homeland security. Both passed in this body also had some im- how these entities are being decimated sides of the aisle have supported those pact on the future financial security of financially as a result of their require- increases. The President proposed this country. Is that a fair statement? ments, these unfunded mandates that major increases in defense spending Mr. CONRAD. There is no question we have passed on to them. Is the Sen- after the attack on this country. Those about it. If we look at, where did all ator aware of that? of us on our side of the aisle imme- the money go, here is where it went. Mr. CONRAD. I am. I say to my col- diately agreed. The President proposed Our friends on the other side like to league, I looked at the increases be- major increases in homeland security. say it all went to spending. No, no, no. cause, frankly, there were parts of that Those on our side of the aisle imme- Forty-two percent went to the tax cut. bill that I did not support. I voted diately agreed. That is the biggest reason for the dis- against a number of the provisions in There are big increases in spending, appearance of the surplus. The second that bill. If one is fair and objective but every part of that increase is in biggest reason is economic changes. about what was offered, where did the those two areas of defense and home- That is the economic slowdown. That increases occur? land security. That is where the big in- is the second biggest reason. The third According to the Congressional Budg- creases are occurring, and I think it is biggest reason is spending, and vir- et Office, the difference between the understandable why we have big in- tually all of it is defense and homeland Senate-passed bill and the House- creases in defense proposed by the security. passed bill is $1.4 billion, not the $10 President and agreed to by our side of The final reason was underesti- billion that is being discussed on the the aisle. I think it is very easily un- mations of the cost of Medicare and other side; $1.4 billion of differences be- derstood why we have a big increase in Medicaid. That is where the money tween the House bill and the Senate homeland security proposed by the went. bill when scored consistently by the President and agreed to by our side of Mr. REID. I would like to ask the Congressional Budget Office. Where the aisle. Senator another question or two. Is were the differences? First responders, Mr. REID. Will the Senator yield for that appropriate? $600 million more in the Senate bill; a question? Mr. CONRAD. Sure. nuclear facilities, $300 million more to Mr. CONRAD. Yes, I would be happy Mr. REID. We passed Friday, about 1 protect our nuclear facilities; port se- to yield. a.m., a supplemental appropriations curity, $700 million more. Mr. REID. I have said publicly and, of bill. I have heard statements all day If anybody has been reading the course, privately that I think the Sen- from the other side of the aisle about newspapers, they know there is a tre- ator from North Dakota really has a this supplemental appropriation and mendous vulnerability of the United grasp on numbers. The Senator is how it contains big spending. I direct States to a so-called ‘‘dirty’’ bomb that aware, is he not, that about a year ago the Senator’s attention to a number of would make this Capital uninhabitable at this time, it was approximately a items. First, I ask the Senator from for 400 years. I do not think it is unrea- $4.7 trillion surplus over 10 years? The North Dakota, the chairman of the sonable to say we are going to protect Senator would agree now that that ba- Budget Committee, he realizes, does he the nuclear facilities where that fissile sically is gone; is not that right? not, that there was $14 billion in that material might come from, that we are Mr. CONRAD. Yes. Actually, the Sen- bill for defense? Is the Senator aware of going to protect the ports of America ator will recall, we were told a year that? where those threats could come in to ago that we were going to have $5.6 Mr. CONRAD. That is correct. Of the America. trillion of surpluses over the next dec- $31 billion, $14 billion was for defense. Another $250 million was added for ade. That is what we were told a year Mr. REID. That was requested by the airport security to protect against ago, January of 2001, $5.6 trillion of sur- President; is that true? these materials coming into the air- pluses. Mr. CONRAD. That is correct. ports of the country in the holds of Now when we look at the President’s Mr. REID. The Senator is aware also planes. budget proposal, plus the shortfall in that there was approximately $5.5 bil- I say to my colleagues, that is spend- revenue in this filing season, plus the lion requested by the President for ing that was designed to protect Amer- stimulus bill that has been passed, homeland security efforts; is that true? ica. there are no surpluses, none. Remem- Mr. CONRAD. That is correct. Mr. REID. Will the Senator also ac- ber, about half of this money was So- Mr. REID. The Senator is also aware knowledge that there has been in this cial Security money. In other words, that Senator BYRD and Senator STE- bill that we passed in the Senate last $2.5 billion of this amount of surpluses VENS held hearings over a period of 3 Friday morning $387 billion for bioter- is Social Security money. It is all weeks that included seven Cabinet offi- rorism, including to improve lab capac- being used for other purposes now. cers and scores of other witnesses to ity at our Centers for Disease Control When the Senator from Arizona says find out what was needed for homeland and the National Institutes of Health? it does not matter about the estate tax security for this next fiscal year. Is the Does the Senator from North Dakota and Social Security because estate tax Senator aware of that? acknowledge the importance of study- money is not used for Social Security, Mr. CONRAD. I am. ing bioterrorism after the anthrax that the point he misses is when money is Mr. REID. After having done that on closed down a major office building for taken out of the revenue stream, and a bipartisan basis, unanimously out of 3 months in the Senate? there already is not enough to meet the Committee on Appropriations, is Mr. CONRAD. It not only closed the obligations and now even more the Senator aware that figure was in- down a major office building in the money is taken, something has to give. creased by about $3 billion? Senate but closed down post offices and What is the one place that is left to Mr. CONRAD. That is correct. closed down businesses. give? Mr. REID. Is it not true, I say to my Mr. REID. And killed people. Mr. REID. Social Security. friend, that of those moneys that were Mr. CONRAD. Killed people. Mr. CONRAD. The Social Security increased, there was a billion for first Now that we know a significant part trust fund. So he can say there is no responder programs? I say to my of the planning by the al-Qaida net- connection, but there is a very direct friend, I heard on public radio this work is bioterrorism, we know that a connection. There is a very real con- morning a long piece on how State and significant part of the planning of the nection. The only place there is any local government is being killed finan- al-Qaida network is a ‘‘dirty’’ nuclear money is the Social Security trust cially because of the responsibilities device to be dropped on this Nation’s

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5350 CONGRESSIONAL RECORD — SENATE June 11, 2002 Capital, we cannot choose to turn our The PRESIDING OFFICER. Thirty- The President today travels to a backs and not worry about defending one and a half minutes. water treatment plant in Kansas City, the country. Mr. CONRAD. I am happy to yield to MO, to showcase a piece of his proposed Our first obligation as United States the Senator from West Virginia, 15 Department of Homeland Security. Senators is to defend this Nation. minutes. This piece would create a threat anal- Mr. REID. Would the Senator ac- The PRESIDING OFFICER. The Sen- ysis unit, envisioned as part of Mr. knowledge there is $200 million in this ator from West Virginia. Bush’s proposed intelligence-analyzing bill that the President requested based Mr. BYRD. I thank the distinguished division, that would study the on hearings held by Senators BYRD and Senator from North Dakota. vulnerabilities of critical infrastruc- STEVENS for food safety, including food Mr. President, I understand there is a ture such as water, road, and financial inspectors, laboratories, protections little bit of grousing and gnashing of systems. against animal and plant disease, and teeth concerning the moneys that were The supplemental bill approved by also to assess risks to rural water sys- appropriated for homeland security in the Senate and currently opposed by tems; and also aware there is $154 mil- the supplemental appropriations bill the Bush Administration would put us lion for cyber-security, there is also last week. Let us stop, look, and listen. several steps ahead on this threat as- $100 million for the Environmental In the last several hours, the threats sessment. Protection Agency to look at assess- against this Nation from terrorist at- During Senate Appropriations Com- ments of water system security? tack once again were made evident mittee hearings over the last several We have people quibbling, and I say with the arrest of an American citizen weeks, Senators learned that more ‘‘quibbling’’ because I cannot find an- who apparently has been working with than $400 million is needed for local other word to describe what they are the ‘‘al-Qaida’’ terrorist network, plot- governments to conduct vulnerability talking about this afternoon. The Sen- ting an attack on the nation’s capital. assessments for our water systems. The ator has shown in graphic form billions Once again, our eyes have been supplemental bill includes $125 million of dollars taken away from the Amer- opened to the fact that terrorists live for cities to assess the vulnerabilities ican people and given to a very small among us. The threats are real. The of their water systems and for vulner- percentage of the people. Less than 1 danger is present. We should not con- ability assessments and security im- percent of the American taxpayers, 42 tinue to delay actions that will fund provements to protect rural water sys- percent, is gone because of that; is that immediate steps to protect American tems. The administration did not re- right? lives from attack. quest funding to help secure our drink- Mr. CONRAD. Yes. Soon, the supplemental bill, which is ing water systems, and it is opposing Mr. REID. I don’t mean to denigrate, being criticized by some today, will be but I cannot come up with another the Senate-passed supplemental bill in conference. I will fight hard for the that does make appropriations for our word other than ‘‘quibbling.’’ We are $8.3 billion homeland security package talking about billions of dollars that is drinking water. that this Senate overwhelmingly ap- This spring, the Department of En- gone—like that—and here we are talk- proved last week. I hope that President ergy sent the Office of Management ing about programs that Senators Bush will match his rhetoric on home- and Budget a request for additional BYRD and STEVENS worked on for land security with support for a fund- funds to secure America’s nuclear weeks, that passed in the Senate with- ing package that meets so many of the weapons complex and labs, but the re- out any problem at all because it was critical security shortfalls in this good for homeland security, good for quest was turned down. Now the ad- country. the people of my State, good for the ministration has lauded its arrest of The announcement about yesterday’s people of your State, and as I heard on one man linked to a ‘‘dirty bomb’’ plot. arrest only amplifies the concerns Public Radio this morning, good for But instead of supporting funds to bet- raised by administration officials with- the people of Florida and even Orange ter secure our nuclear labs and mate- in the past few weeks. The Vice Presi- County, CA, which has been dev- rial, the administration is opposing the dent warned that a strike is ‘‘almost astated. I might mention, Orange Senate supplemental bill that contains certain.’’ Secretary of Defense Donald County, CA, is a very rich county, but $200 million for that very purpose. they have been devastated by virtually Rumsfeld has stated that it is inevi- While in Kansas City today, the unfunded mandates that we passed on table that terrorists will acquire weap- President is also expected to trumpet them since September 11. ons of mass destruction. Secretary of his plans to address vulnerabilities Mr. CONRAD. I ask my colleague, are State Colin Powell has warned that within the nation’s financial systems. there times when money is spent inap- ‘‘terrorists are trying every way they A cyber attack is a real possibility. As propriately? Absolutely. Do we need to can’’ to get nuclear, chemical or bio- Senator BENNETT has pointed out, ‘‘In restrain spending? Absolutely. logical weapons. And Homeland Secu- the cyber-age, many of the attitudes Under the budget proposal I made to rity Director Tom Ridge said, ‘‘While we have had about warfare, about vul- my colleagues, we would take spending we prepare for another terrorist at- nerability, about opportunity have to to the lowest level since 1966. I applaud tack, we need to understand that it is be thought through entirely dif- the Senator from Texas and the Sen- not a question of if, but a question of ferently.’’ Instead of supporting our ef- ator from Arizona for saying we have when.’’ forts to address this threat, the Presi- to restrain spending. There is no way Clearly, we know that the threat ex- dent is opposing the Senate-passed sup- out of this hole that has been dug exists. We know that terrorists plan to plemental bill that includes $154 mil- cept to look at both sides of the equa- strike. We do not know where or how lion for cybersecurity to help combat tion—spending and revenue. or when, but we know that they will the threat to Federal and private infor- To eliminate the estate tax that strike again. The question remains, mation systems. costs $99 billion under their proposal, will we be prepared? Today, the President will talk about when instead we could reform the es- Last week, the Senate took steps to his support for local communities in tate tax and increase the exemption to address the many gaps in our homeland the overall homeland security effort. A $3 million for an individual, $6 million security network. By a vote of 71 to 22, major part of that local effort is the for a couple, at a cost of one-eighth as the Senate voted very clearly to pro- actions of first responders, namely, much, a cost of $12.5 billion instead of vide critical resources to protect local police officers, firefighters, emer- $99 billion, makes no earthly sense to American lives and to try to prevent gency medical teams. The Federal me. I hope we think carefully about future tragedies like the one we wit- Emergency Management Agency re- these votes and what it means for the nessed last September. Unfortunately, ceived $3 billion worth of applications financial future of the country. despite all of its rhetoric that home- from local firefighters for new equip- I yield the floor. land security is a top priority, the ad- ment and training, but FEMA only had The PRESIDING OFFICER. Who ministration continues to oppose this $360 million to meet the request. The yields time? critical legislation. In fact, the admin- administration did not ask for any ad- Mr. CONRAD. How much time do I istration has gone so far as to threaten ditional funds in its supplemental bill. have? to veto the bill. But the Senate-passed legislation last

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5351 week does include $300 million to con- million, but let’s retain some modicum In contrast, many rely on Social Se- tinue to meet this massive gap in our of fiscal sanity before we give away curity. Over 740,000 Minnesotans cur- homeland security network. nearly $1 trillion in tax cuts to a hand- rently receive Social Security. Make Last week, the President announced ful of the ultrarich. That is what this no bones about it, what we are going to a massive governmental reorganization is. be doing here is not only not providing to respond to terrorist threats. I sup- The timing could not be more ironic. the investment in education or health port the concept of a Department of We now immediately follow a vote to care or affordable housing, but in addi- Homeland Security, as do most Mem- increase the Federal debt limit by $450 tion we are just going to basically be bers of this Congress, I believe, but billion. That was to borrow another taking it out of the Social Security there are many details to be worked $450 billion, which is only enough cred- trust fund. That is what this is all out and many questions to be an- it to last until next March. about. swered. We should not wait to address Many of my colleagues voted for the For helping multibillionaires and bil- the gaps in our Nation’s defenses while tax cuts last year but they opposed in- lionaires, refusing to target this— this new department is crafted. Terror- creasing the debt limit; that is to say, which is what the Conrad amendment ists will not swear off further violence in the words of the old Yiddish proverb, does—refusing to exclude small busi- until a new department is up and run- dancing at two weddings at the same nesses and family farms that are hand- ning. We should not delay our efforts time, although I don’t think you ed from family to family—which is ex- to thwart that attack. The appropria- should be able to do so. actly what the Dorgan amendment tions bill the Senate passed last week It is now clear that the claims that does—instead, we have this effort to with a huge margin will do just that. have been made by the White House, by erode the revenue base $1 trillion over It is time for the administration’s the President, and by too many Sen- 20 years, most of the benefits going to rhetoric on homeland security to be ators and Representatives, that we can the wealthiest Americans. And at the matched by action. It is time for the have massive tax cuts for the same time, we will not even be able to administration to recognize that sim- wealthy—Robin Hood in reverse—with live up to our commitment in Social ply talking about homeland security most of the breaks going to the top 1 Security. percent, pay down the debt, and invest will not save lives. It is time for the I believe this is really a proposal in critical public priorities, were com- administration to support investments which defies common sense. If we want pletely false. to do it the right way, we cap the es- in homeland security, to support the Of course, there is plenty of that to Senate’s work to save lives, and to help tate tax exemption at a reasonable go around. Colleagues were out here level. That is what the Conrad amend- fill the gaps that currently exist in our advocating nearly a $1 trillion tax cut Nation’s homeland security network. ment does. If we want to do it the right for billionaires less than a week after way, we exempt, as I said before, fam- The administration should support the there was so much heartburn on the supplemental appropriations bill ily farms and family-owned businesses. Senate floor over an extra $1 billion for If we want to do it the right way, we passed by the Senate last week, and I homeland security. Where did the fis- hope the President will speak to that will have some balance. cal conservatives go? They will spend I finish on this note. I do not fault end. $1 trillion to protect some wealthy I was down at the White House this my colleagues because I think for kid’s inheritance, but they will not many of them, this is their position. If morning, and I urged the President to spend $1 billion to protect our cities support the supplemental appropria- you believe that when it comes to the and towns from terrorists. most pressing issues of people’s lives— tions bill that the Senate passed last Spend $1 trillion to protect some be it to make sure Social Security ben- week. This bill will go a long way to- wealthy kid’s inheritance but not $400 efits are there, to make sure we ade- ward matching the rhetoric by the ad- million for veterans’ health care, with quately fund Medicare reimbursement ministration. so many veterans falling between the for our hospitals and nursing homes I yield the floor. cracks. The PRESIDING OFFICER. Who Give away almost $1 trillion over the and home health care providers, to yields time? next 20 years, erode the revenue base— make sure people can afford prescrip- Mr. WELLSTONE. I say to my col- it is fine to do it for billionaires and tion drugs, to make sure we live up to league, Senator CONRAD was going to multimillionaires, but we don’t have our commitment to get the dollars yield me 10 minutes. enough money for education, not for back to our schools and our school dis- Mr. GRAMM. I can do it either way. smaller class size, not to recruit and tricts, our teachers, our children, our I was going to speak, but if the Senator retain good teachers, not to have good, young people from prekindergarten has a time constraint, I am happy to affordable prescription drugs, not to do through higher education, to make step aside for 10 minutes. something about deplorable conditions sure something is done about the lack Mr. WELLSTONE. If my colleague in nursing homes, not to help elderly of affordable housing, to make sure we would be willing to do so, that would people stay at home, live at home in as can provide some help for people who help me. near normal circumstances as possible have no health care coverage, to make Mr. GRAMM. I will be glad to do so. with dignity, not to expand health care sure we can provide some help for Let my colleague speak. coverage. We will not have any of the small businesses that can’t afford Mr. REID. How much time does the money to do that. health care costs—if you believe, when Senator from Minnesota desire? Full repeal of the estate tax would it comes to those pressing issues, there Mr. WELLSTONE. Ten minutes. I cost $104 billion over the next 10 years, is nothing the Government can or will take more time tomorrow. literally to protect a few thousand should do—and I believe that in some Mr. REID. Senator CONRAD has how ultrawealthy families. Even worse, ways that is the ideological position much time remaining? from 2013 to 2020 it is going to cost the some of my colleagues take—then The PRESIDING OFFICER. There re- taxpayers over $800 billion to provide eliminating the estate tax, not tar- main 22.5 minutes. this ‘‘relief.’’ This means that the full geting it, is the perfect way to go. Mr. REID. On behalf of Senator CON- cost of this effort to have full repeal of It is win-win. You help the million- RAD, I yield 10 minutes to the Senator the estate tax over 20 years is nearly $1 aires and the multimillionaires and the from Minnesota. trillion. billionaires, you erode the revenue Mr. WELLSTONE. Mr. President, I Nationally, only 1.6 percent of all es- base, and you make it impossible for strongly oppose the full repeal of the tates were made up with significant the Senate and the House of Represent- estate tax for multimillionaires and small business assets and only 1.4 per- atives and the Federal Government to billionaires. It is unfair, and it is cent had significant farm assets. This play a positive role in helping people. unaffordable. Let’s repeal it for small means that virtually all the estate tax You make it impossible for the Federal businesses. Let’s repeal it for family is paid by extremely wealthy people Government to play a positive role in farmers. We all agree on that. Let’s go who do not own farms or small busi- dealing with some of the most pressing with the Conrad formula of $3 million nesses. The Conrad amendment really issues of the lives of people we rep- individual, $6 million a couple, up to $7 targets this. resent.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5352 CONGRESSIONAL RECORD — SENATE June 11, 2002 That is what this estate tax cut does. lifetime simply because they have been This policy of death tax is driven by That is what this proposal to com- successful? collective greed. It is not driven by ec- pletely eliminate the estate tax accom- It is a question of right and wrong. I onomics. It makes no sense to make plishes. will say about the constituents of my people sell off their business, or de- In one broad stroke of public policy, State—I can’t speak for any other stroy their farm, or tear up their life’s you have Robin Hood in extreme re- State in the Union—but in my State work. And it hurts the economy to do verse with the benefits going to the when I am talking about this issue— it. But we continue to do it because of wealthiest Americans, and at the same whether I am talking to farmhands, or this collective envy that somehow time you make it impossible for us to railroad retirees, or rich people in there is something wrong about people make the investments in health care, North Dallas—when I talk about it accumulating. in education, in affordable housing, in being wrong to make a man or a Let me take the richest man in the Social Security, and in Medicare. woman sell off the life’s work of their world, Bill Gates. They say he is worth From the point of view of some of my parents to give the Government a dou- $46 billion. But because Bill Gates has colleagues, it is win-win. From my ble taxation, people stand up and ap- $46 billion, I am richer. He changed the point of view, it is lose-lose. plaud because they are against it. They life of everybody on this planet with I hope our colleagues will support the are flat against it because it is wrong what he did in terms of information Conrad amendment as at least a com- and because it is un-American. It is un- technology and the management of monsense, reasonable alternative. American to do that. By doing it, we data. He created 10 or 100 times that I am not sure my colleague from prevent accumulation. wealth from which we have all bene- Texas fully agrees with my statement, I would like to refer to two thick fitted. He is giving over 90 percent of it but I appreciate his graciousness. studies. I would put them in the CON- away. Mr. GRAMM. Mr. President, I first GRESSIONAL RECORD, except it would You might say that is a lot of money. wish to say something that I consider cost a lot of money. So let me refer to Many of our colleagues will say, let us to be positive about our colleague from them so if people want them they can take it, we can spend it. But what Minnesota. There are many people who get them off the Internet. I will save moral right do we have to take it? He want to take the repeal of the death probably $25,000 by not putting these in has already paid taxes on every dollar tax back, but they do not want to own the RECORD. of it. He is the largest taxpayer in the up to why they want to do it. They There was a study by the Joint Eco- world. I am not doing this for Bill want to do it because they want to nomic Committee, entitled ‘‘The Eco- Gates, but he is the extreme example. spend the money. The one thing I have nomics Of The Estate Tax.’’ It was pub- The point is that this is not col- always admired about the Senator lished in December of 1998 by the Joint lecting very much money. Interest- from Minnesota is that he does not di- Economic Committee. ingly enough, one of the great para- All of their analyses and numbers lute his liberalism with the alloy of hy- doxes is the substitute that has been boil down to the conclusion that the pocrisy. He says exactly what he be- offered by Senator CONRAD raises the death tax has reduced by $500 billion lieves. I think in doing so he not only deduction immediately to $3 million the capital stock and the total invest- is true to his conscience but he does over the next 5 years and it would cost ment that the Nation has made in job the Senate a service by defining ex- $20 billion. creation. They conclude that we are actly what all of this is about. The way we phase out the repeal, our not raising net revenues by forcing I wish to yield myself 20 minutes of repeal over the next 5 years only costs people to destroy small businesses, de- the remaining 50 minutes we have. $6.8 billion, and the real cost comes in stroy family farms, and to tear up the Let me begin by saying that I think the 10th year. The incredible paradox is bequeath of Americans who have been I am a good person to be a leader on the substitute that is being offered successful. They argue that it destroys this issue in the sense that the only takes money out of the Treasury ex- thing I have ever been bequeathed in capital and that actually we are not collecting net revenue. I commend this actly when we don’t have it, and it my life is that my grandmomma’s doesn’t take money out in 2010 when we brother, my great-uncle Bill—who was to my colleagues. The second study is a private study are going to have a surplus, according a great checkers player and I guess in that was done by the Institute for Pol- to the estimates of the Congressional the minds of the world since he worked icy Innovation, entitled ‘‘The Case For Budget Office projection I have in front in a cotton mill he may not have been Burying The Estate Tax.’’ of me, of $653 billion. a very important person, but he was an They conclude that there are costs to In other words, in trying to prevent important person to me—but he be- collecting the estate tax. There is a de- us from making the repeal of the death queathed to me a cardboard suitcase cline in economic efficiency as people tax permanent, the Senator from North full of yellow sports clips from the sell off their business because they do Dakota offers a substitute that actu- 1950s. I have often thought that had it not want their children to have to deal ally drives the deficit up in the next 5 been baseball cards I would be a rich with the estate tax problem. People years, whereas by phasing out the man today. So I will never pay a death buy insurance with money they could death tax, the real large cost of our tax. I hope someday my children and be investing in their business, and they phaseout does not occur until a year grandchildren will have enough wealth do that to try to avoid the estate tax. where we have about $600 billion of sur- that it would be an issue if we don’t re- When you look at all those costs, the plus. Why not give it back? peal it. But I am against the death tax Institute for Policy Innovation con- The point is, we voted to repeal the because it is profoundly wrong. cludes that on net we are not even col- death tax. We all celebrated it. We I know it is easy to envy what an- lecting any taxes with the death tax. talked about it all over the country. other family achieves. But how can it Finally, even if you accept the IRS Now we have a quirk in the budget be right? I am not talking about budg- data as net data—in other words, that where it comes back in 10 years. Did we ets, I am not talking about dollars, I we are really losing revenue—when you mean to repeal it or didn’t we? I be- am talking about right and wrong. take into account what it costs to col- lieve we did. I believe we should. People may work a lifetime, they lect the tax, what people spend trying The second line of defense in all this scrimp, they save, they sacrifice, they to avoid it, and how it hurts the econ- is: But we don’t have the money. We plow back into their business, they omy, contrary to all of the debate you just don’t have the money. We want to work 12 and 14 hours a day, they accu- have heard from the Democrat side of make the death tax repeal permanent, mulate, they build, and they build the aisle, we collected less than one but we don’t have the money. America while they are building. How cent out of every dollar of taxes col- The only point I make, and I don’t can it be right simply because we are lected in America last year from the want to be unkind to anybody, but why greedy and we want their money to death tax. is this argument about not having make their children sell off the fruits Under the best of circumstances, we money never made when we are spend- of their life’s work to give the Govern- are not collecting very much money. ing money? Why is it only made when ment a 55-percent share of everything Under more likely scenarios, we are we are letting people keep more of they have accumulated during their not netting any money from the tax. what they earn?

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5353 I want to give you five examples. thought we needed that $106 billion of visit the undertaker and the IRS on Whether it was good or whether it was spending now say we can’t afford to re- the same day. It is just not right. So bad—and my guess is some of it was peal the death tax. often we debate these things over num- good and some of it wasn’t good—last It is a matter of priorities. Many of bers and budgets and all these other Thursday we spent $14 billion more our colleagues can never afford to let things when this is an issue about right than the President requested on non- working people keep more of what they and wrong. This tax is wrong. emergency items. That is four times earn, but they can always afford to Finally, repealing the death tax the amount it would cost over the next spend the money. That is what this de- would create jobs. 2 years to make the death tax repeal bate is about. According to an article in the Wall permanent. So if last Thursday we had It really boils down to this: First, we Street Journal, ‘‘The True Cost of enough money to spend $14 billion that said we would repeal the death tax. It Dying,’’ on July 28, 1999, they estimate the President did not request as an turns out it is coming back in 10 years. that repealing the death tax would cre- emergency, how come we don’t have Should we make it permanent or not? ate 200,000 jobs. Now, it is true that enough money to make the death tax Is it not wrong to force people to de- some of our colleagues say if we take permanent today? stroy the life work of their parents to the tax cut back and we make people On the farm bill, I voted against the give the Government 55 cents out of sell their farm or their business and farm bill because I thought it was com- every dollar they have ever earned and give us 55 percent of its value, we can pletely larded. I thought it was abusive accumulated even though they paid spend it on programs. But are those in its spending. But how come we had taxes on every penny of it? programs worth 200,000 jobs? I don’t enough money to spend next year on Second, are these programs that we think so. the farm bill that is seven times as want to spend money on so valuable So we have before us a proposal that much as it would cost next year to that it is worth tearing up family says let’s repeal the death tax, but make the death tax repeal permanent? farms and family businesses and the only for a few people. Let’s raise the We had seven times as much money to life’s work of our people to pay for it? cost now when we have a deficit, but let’s not eliminate the tax when we can spend 3 months ago when we passed I don’t think so. afford it and when we have a huge sur- that bill, but we don’t have one-sev- Finally, we have good, solid studies, plus. It makes no sense. The plain enth that amount to be sure that peo- including by our own Joint Economic truth is that a great bulk of the cost of ple don’t have to sell their farm when Committee, that suggest we are not making this tax cut permanent occurs their dad dies? even collecting money on these taxes in the year it expires, which is 2010, It is a matter of priorities. On the en- because they make the economy less and by the most recent Congressional ergy bill, we had more new tax cuts in efficient. Budget Office projections our elimi- that bill for the next year than it So this is really not even about nation of the death tax will occur in a would cost to repeal the death tax. money. This is about collective greed The trade bill contains new entitle- in that we want to redistribute wealth year when we will have a surplus of $653 billion. And $335 billion of that ments, and we had several times as when people die. We don’t believe death will not belong to Social Security. much new spending in that bill that we ought to be a taxable event. That is Why should we not repeal the death what it boils down to. passed last month as would be required tax? Is there anything we can spend Let me sum up, and then I will yield to pay for repealing the death tax. that money for that would be more val- In railroad retirement, we had 15 the floor. What is the No. 1 reason that uable? I don’t think so. I hope my col- times as much in the first year as it 70 percent of all family businesses do leagues will agree. would take to fund repealing the death not survive into the second generation? I yield the floor. tax. Seventy percent of all small businesses The PRESIDING OFFICER (Ms. And finally, in the stimulus bill, in that somebody founded do not survive CANTWELL). The Senator from Arizona the amount we spent above the Presi- into a successful operation by their is recognized. dent’s request, we could have funded children. Why? According to the Na- Mr. KYL. Madam President, I appre- repeal of the death tax over twice over. tional Federation of Independent Busi- ciate the fine explanation of my col- Here is my point: I am not saying ness, it is the death tax. league from Texas. He has been an ad- that every one of these things was ter- Eighty-seven percent of all small vocate of the repeal of the death tax rible and there weren’t good things in businesses fail before they get to the for a long time. I am pleased to join them. I am just saying, here are five third generation of the family member with him in this amendment and to be examples where we spent multiples of who started them. Why? The NFIB says able to say that we have finally been the amount of money that would be re- the No. 1 reason is the death tax. able to bring before the Senate the per- quired this year for us to repeal the And finally, 60 percent of all small manent repeal of the death tax. death tax. Nobody who today is saying business owners report that they would I want to make several points. I see we just don’t have the money said that create new jobs over the coming year if that the Senator from Oklahoma is on any one of those five things I men- estate taxes were eliminated. We have here. Was he intending to make a point tioned. I said it, I believe, on each and businesses that are buying great big in- at this time? every one of them. surance policies so their children won’t Mr. NICKLES. I have about 7 or 8 The point is, the people who are say- have to sell the business. That money minutes. ing we don’t have enough money to could be going into the business in- Mr. KYL. I will go ahead. Will the make the repeal of the death tax per- stead of being wasted economically. If Chair let me know when I have spoken manent are the same people who voted you don’t want to destroy small busi- for 12 minutes? to spend all this money. nesses, repeal the death tax. The PRESIDING OFFICER. Yes. A final point on this issue: The Dem- My second point: Under the death Mr. KYL. I appreciate that. The first ocrat budget that we voted on last tax, you are taxed once, you die, and point the Senator from Texas made week on the floor and not one Member then you are taxed again. Why is it was that the death tax is bad tax pol- of the Senate voted for—I guess every right that you earn a dollar; the Gov- icy. Let me explain a little bit more of Democrat thought it didn’t spend ernment takes 40 cents out of the dol- what we mean by that. The Tax Code enough and every Republican thought lar; you plow what is left of the generally taxes you for voluntary con- it spent too much, but nobody voted aftertax dollar back into your business duct. If you sell property, you know for it—increased spending on the dis- or your farm; you die; and your chil- there is going to be a capital gains tax cretionary account. I am not talking dren have to sell the business or farm on that. If you work, you know you are about national security items. I am not to pay a tax on the 60 cents that you going to earn income and you are going talking about defense. I am talking got to keep out of the original dollar? to be taxed on that. People make deci- about $106 billion more than the Presi- How is that right? It is not right. sions based upon tax consequences. But dent requested. That was more than No. 3, this is simple, it is clever, but there are a few situations in our Tax enough to have funded the repeal of the it is just the truth, too. It is just the Code that are treated as involuntary death tax. The same people who pitiful truth. No one should have to conversions.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5354 CONGRESSIONAL RECORD — SENATE June 11, 2002 If the Government condemns your come-tax rate and repealed the estate permanent repeal of the estate tax. I property and pays you money for that, tax, were we kidding or did we really thought what they would do was offer a you don’t want that money; you want mean it? We will find out tomorrow. fairly generous package that would be your property. The Government recog- If we were just kidding, then we will tempting for our colleagues to vote for nizes that as an involuntary action on defeat the Gramm-Kyl amendment, or in lieu of the real repeal, which is the your part, so you don’t pay ordinary adopt some other proposal. If we meant Gramm-Kyl repeal. As it turns out, income at that time on that money. If what we said, saying we meant to re- that was not done. It is a very straight- your house burns down and you collect peal it, to cast the vote to do that, and forward proposal which is not generous money from an insurance policy, you since that sunsets after 10 years, we are at all. As a matter of fact, it is worse— didn’t intend for that to happen. The going to permanently repeal it with it is worse—than the status quo. People Government doesn’t treat those insur- our vote today, you will support the would be better off under the existing ance proceeds to you as ordinary in- Gramm-Kyl amendment. law, even without the ultimate repeal, come. It is taxed in a different way. Some say this doesn’t affect many than they would be taking the amend- The same thing is what we are pro- people. The fact is that it doesn’t just ment of the Senator from North Da- posing to do with the estate tax. No- affect the rich. The descendant—the kota. body intends for your father, or who- rich person—died. He cannot be af- It is interesting that while he is con- ever it might be, to die. He certainly fected; he is gone. Most of the people cerned about the cost of repeal in the doesn’t. The money that you may get who inherit the money are not rich, first 5 years, for which we have figures, as a result of that is coming to you in- and certainly the employees of their the repeal of the proposal before us of voluntarily. You didn’t take some accompanies or the farms are not rich. So the Senator from North Dakota would tion in order for it to occur. So that most of the people who are affected by be about $22 billion versus $9 billion for money coming to you should be treated the death tax are not wealthy at all. our proposal at a time when we are in The question is, Do you want to take in a different way. a deficit situation, as the Senator from The way that it is treated under the half of what they are going to get from Texas noted. amendment of the Senator from North the person who worked so hard during The only way this is made up is that Dakota is to take 50 percent of the his or her life to provide it to them? in return for that, we immediately go amount over $3 million. In other words, According to the Treasury Depart- from a reduced rate of taxes under our ment, 45,000 families paid some level of there is a $3 million exemption and, bill and under the status quo to a 50- estate tax in 1999. That is families. If it after that, every other dollar is taxed percent rate under the amendment of is a family of four, multiply that by 4 at 50 percent. If it is over $10 million, the Senator from North Dakota. The to see the number of people who are it is at 55 percent. exemption amount is $3 million. The Now, that is bad tax policy. What we immediately affected, and then you exemption under ours by the year 2009 say instead is that the tax is not due can add to that the people indirectly is $3.5 million and, of course, in the on the date of death. Death is not a affected. What is not included in the final year, there is no need for an ex- taxable event. Instead, the money statistics is twice as many people sell emption from the estate tax because their business or their farms. Many passes to the heirs and, at that point, if the estate tax is repealed. more people are adversely impacted Under the substitution of the capital they sell the property, there is a tax- when jobs in the community are lost gains tax for the estate tax in the able event. You pay the capital gains when a family-owned business is sold Gramm-Kyl proposal, we retain a $5.6 on that property. In fact, the basis for to pay the tax. million equivalent to an exemption so the capital gain is the original basis on In addition, more than 2 percent of that nobody will pay a capital gains when the property was purchased by Americans bear the aggregate costs of tax who would not have paid an estate the decedent, not the value at the time this tax—fees to lawyers and account- tax. People are made whole, in other of death. So, in effect, we are replacing ants and life insurance agents. As a words. one tax with another tax. Much of the matter of fact, it costs just about ex- Under no scenario would you be bet- revenue is not lost to the Treasury as actly as much for the people who pay ter off under the amendment of the a result. But at least as to the decision the lawyers and insurance agents and Senator from North Dakota. You would to pay Uncle Sam, the money comes the accountants to avoid the total con- be much better off under the amend- from the voluntary act of people who sequence of the tax as the Federal Gov- ment Senator GRAMM and I have pro- inherited the property and who are ernment collects from those who actu- posed. willing to pay the capital gains tax if ally end up paying. So it ends up being Let me make one other point. When they sell the property, or part of it. a double tax on Americans. Half pay we talk about the cost of this proposal, But what you don’t have to do, as the the tax to Uncle Sam and the other it is always a bit frustrating for me be- Senator from Texas said, is visit the half pay the lawyers. I don’t know cause we are talking about lost reve- IRS the same day you visit the mor- which is worse. nues to the Federal Treasury. To me, tuary. That is wrong. That is why over The death tax not only impacts more that is not a cost; that is an oppor- 60 percent of the American people be- than 2 percent of Americans, it burdens tunity for Americans to keep more of lieve this is an unfair tax. family-owned businesses under $100 their own money. It is interesting that three-fourths of million in value. According to the IRS, What we know from tax policy gen- the people surveyed who say it is an in 1999, 116,500 estate tax returns were erally is if you reduce people’s taxes, unfair tax say they would favor its re- filed; 60,700 of these returns were filed you improve the status of the econ- peal, even though they don’t believe by estates with values of less than a omy. One thing we forget when we talk that repeal would have any effect on million dollars. Estates valued between about the alleged cost of the repeal of them because they would not be receiv- $1 million and $5 million filed 50,600 re- the estate tax is the positive effect ing any of that money, or paying it, as turns. There were 5,200 estates filed of that has on the economy. A study con- an heir. So it is an unfair tax. As a more than 5 million. So even combined, ducted by Alan Sinai shows the GDP of matter of fact, the Senate agreed that the millionaires filing for the tax do our country could increase a total of it was unfair. We repealed it. A major- not exceed the nonmillionaires. $150 billion over 10 years and job ity of Senators voted to repeal the es- The bottom line is that Americans growth could increase 165,000 per year tate tax. recognize it is an unfair tax. It affects with repeal. The increase in household Now, under the procedures under a lot more people than the person who savings would be between $800 and which that was done, no action that we had wealth when he died. The Senate $3,000 annually. So the impact on fami- took could last longer than 10 years. So recognized the same thing when it lies and on the GDP would be signifi- the irony is after 10 years, none of our adopted the repeal of this tax. cant from a repeal of the estate tax. tax relief exists; it evaporates and we Madam President, I was a bit sur- A Joint Economic Committee study go back to where we were in 2001. Did prised by the amendment of the Sen- estimates the existence of the tax has we intend that? When we told our con- ator from North Dakota. reduced the Nation’s pool of savings by stituents we reduced the marriage pen- I know a lot of our colleagues on the $497 billion. An expert in this area tes- alty and reduced their individual in- other side of the aisle are opposed to tified before our Finance Committee

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5355 and said immediate repeal of the death ness and they do not sell it, there is Ditch Witch employs a couple thou- tax would result in a $40 billion eco- not a taxable event. But if they decide sand. It is a great little family-owned nomic stimulus. it is too much of a hassle and they do business. Why should the Government If you really want to stimulate the not want to continue the operation and come in and say: Stop, the proprietor economy, if you really want to create they sell it, then there is a taxable passed away; we want half of it? What more jobs, if you want to enhance the event. It will be taxed as capital gains about those thousands of jobs? GDP and if you want to enhance per- at 20 percent instead of under Senator Look at another company called sonal savings and personal income, CONRAD’s proposal of 55 percent. Bama Pies. They make pies in Tulsa, then repeal the tax. I probably shocked somebody when I OK. They make millions of pies, in- It is true that the Federal Govern- said 55 percent. I read Senator CON- cluding all the pies for McDonald’s. ment is a little worse off if we repeal RAD’s proposal as 50 percent. He has an They employ hundreds, if not thou- the tax. It does not take in quite as exemption of $3 million, and in a few sands, of people. It is a closely held much money. But American families years $3.5 million, but above that is business. have a lot left, and the American econ- taxable at 50 percent. If you have an es- Why should the Government come in omy is a lot healthier as a result. tate between $10 million and $17 mil- and take half because the entrepreneur What happens when the economy lion, there is another 5 percent kicker, who built that business happens to pass grows? We all know that tax collec- and so the Federal Government will get away and the value of the business is in tions by the Government actually in- 55 percent. the millions? I do not think they crease when the economy grows. We do Why in the world would the Federal should. not have an exact study on what Fed- Government be entitled to take over That is what we are talking about. eral revenue increases would be, but we half of somebody’s property for which Should the Government come in and know they would be significant. they worked their entire lives? Should say, oh, well, you have been relatively A final point: There is always the the Federal Government come in and successful, and because your estate is bottom line argument: when you can- take half or over half? That is what is in the upper maybe 1 percent or 2 per- not scare people any other way, say in the Conrad proposal. cent, it is okay if we sock it to you? that Social Security might be affected. We have two competing proposals. What is right about that? What is fair There is zero effect; there can be no What will the impact be? Look at the about it? Where are the jobs that are in effect on Social Security by repeal of businesses in Washington, Oregon, or that kind of an ordeal? We think the the death tax. The death tax has noth- Maine. We can all think of very suc- Government can operate it better? ing to do with Social Security. The cessful people who have built busi- Sorry, you have to sell it to pay estate death tax goes to the general revenues. nesses and have employed a lot of peo- taxes. We hope the company will sur- It is about 1 percent, 1.5 percent of gen- ple. A lot of those are worth more than vive in its next form. Maybe it will. eral revenues. It has no impact on So- $3.5 million. Senator CONRAD’s proposal Maybe it will not. There are a lot of op- cial Security. It pays none of the So- says we want half of the property’s erations that cannot withstand that cial Security benefits. worth when somebody passes away. I type of a heavy tax. Today, in the year 2002, we will be happen to think that is absolutely A farm or a ranch is another good ex- taking in about $624 billion in Social wrong. Whether the value of that busi- ample. You might have a fairly decent Security, and the payments to Social ness is $3 million or $100 million, if farm or ranch maybe adjacent to a Security recipients are about $465 bil- somebody wants to continue operating large city and so its property valuation lion, so we have about a $175 billion that business, why should the Govern- is very high. This value could maybe surplus in Social Security funds. ment come in and say: No, stop, we exceed it’s agriculture valuation, or No Social Security recipient could be want half; somebody died; stop; we the profits or the money that would be affected by repeal of the death tax. want the Federal Government to come generated from the agriculture. Just Let’s at least understand that and not in and take half? That is what Senator because it happens to be next to San scare people by suggesting there is an CONRAD’s proposal is. I object to that. Diego it is worth millions on the valu- adverse impact on Social Security. I learned the hard way. My grand- ation sheets. Maybe somebody says, We have more points. I reserve the father started a business. My dad built well, I want to continue farming it and remainder of our time. it up. He died when he was pretty ranching it; I am second or third gen- The PRESIDING OFFICER. The Sen- young, and the Government came in eration. And we are going to say, no, ator from Oklahoma. and said: Stop, we want half. We fought we are sorry; we have valuated this, Mr. NICKLES. Madam President, the Government for 7 years. Frankly, and because it happens to be next to first, I compliment my friends, Senator the business was a small, family-held San Diego, it is worth millions of dol- KYL and Senator GRAMM, for their business, and Uncle Sam said: We want lars so the Federal Government is enti- leadership in trying to eliminate one of half of it. We objected to that and we tled to take half. They cannot pay half the most unfair taxes in U.S. history. fought them for years. We ended up by continuing their agricultural oper- We have a chance to do it. We have two settling. They ended up getting a lot ation, so the only way they can pay proposals that are before us. One is by more than they should have. taxes is to sell it. What kind of victory Senator GRAMM and Senator KYL, of The Government’s purpose and func- is that? We have just broken up a fam- which I am a cosponsor, to repeal the tion should be to protect our property, ily business, a family farm, or a family death tax so there will not be a taxable not confiscate it. If one thinks about ranch. Why? So Uncle Sam can take event on somebody’s death. Now there it, under the Conrad proposal, if they half that property? Maybe that prop- will be a taxable event when the prop- get half—and let’s say it is over $3 mil- erty is not worth near as much in that erty is sold, also known as a capital lion,—somebody passes away this year, present function. What right do we gains tax. That is 20 percent. That and then in the next generation some- have to do that? ought to be enough. body else passes away 20 years later, Some taxes are wrong, and this tax We are trying to make permanent and they get half again. What a dis- happens to be one of those that are the repeal in the year 2010. Let’s make incentive to grow, build, and expand. wrong. The power to tax, it has often that permanent. That is our objective. There are countless generations been said, is the power to destroy. If Under that scenario, if there is prop- across the country trying to grow, the Government can take half—and in erty in an estate—let’s say it is a busi- build and expand by employing more the amendment of Senator CONRAD, the ness, a manufacturing company, maybe people and creating more products. I Government can take half. If you have it is a farm or ranch, maybe it is a res- think of a company in Perry, Okla- a taxable estate over $3 million, then taurant in downtown Washington, DC. homa called Ditch Witch. They manu- they have taken away a lot of your— That restaurant may sell for $5 mil- facture trench makers. These machines maybe destroyed a lot of incentive to lion. Maybe it is a second or third gen- are used to lay cable, phone lines, pipe- build, grow, expand, and employ. I eration restaurant, Mortons, and it is lines, help build roads, among many think of so many entrepreneurs who worth several million dollars. If the other uses. Perry, OK, has a population have built and expanded businesses son or daughter takes over that busi- probably of 12,000 people, of which that are now worth millions of dollars.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5356 CONGRESSIONAL RECORD — SENATE June 11, 2002 I look at this amendment and it says: impact on Social Security? What is the I urge my colleagues, when we vote Stop; do not grow anymore because impact on future deficits? Between the tomorrow, when we have final passage, Uncle Sam is going to come in and years 2000 and 2001, budget authority to vote in favor of the Gramm-Kyl- take half of it. We have decided that is went up from $584 billion to $664 bil- Nickles amendment to repeal perma- our property and we can handle it bet- lion. That is a 14-percent increase. Be- nently this unfair death tax. ter than you can. How many employees tween the years 2001 and 2002, it went Mr. CONRAD. Madam President, I will the Government hire out of that up to $710 billion. That is a 7-percent have been amazed at the argument type of operation? increase. That was before we started from the other side, absolutely amazed. I completely disagree with the working on the supplemental. The My amendment is not as good as the premise espoused of, let’s keep the budget we are working on now that status quo? Their proposal is better? rates at 50 or 55 percent. Again, I men- just passed—if we include the supple- What math are they using? tion the rate. Under the proposal of mental that just passed Congress—is I grew up in North Dakota, went to Senator CONRAD, there is a maximum $768 billion. If we add that together, North Dakota schools where one and rate because he has this bonus 5 per- that is an 8-percent increase over the one is two; two and two is four; four cent hit if your taxable estate is be- previous year. So we are compounding and four is eight. That is the math I tween $10 million and $17 million. Well, spending at 14, 7, 8 percent. learned. I don’t know what math they $10 million and $17 million sounds like Then I look at some of the other re- are talking about. a lot if that is your disposable income, quests. The farm bill that we passed Let’s talk about the difference be- but if that is your investment that you about a month ago was $82 billion over tween my proposal before the Senate have grown in plant and equipment, the baseline. We are paying cotton and their proposal. Let’s talk about and you are putting the money back in farmers 72 cents per pound when we current law. They say mine is not as the business year after year, it may look at cotton that is selling for 32 good as current law. Under current not be that big. You may not make cents. The market price for cotton is 32 law, next year the exemption will be $1 that much money. You may have a cents, but we are going to pay farmers million. That is 2003. Under my pro- business that is worth $20 million but 72 cents for 6 years. posal, the exemption is $3 million. So Look at railroad retirement. We are it may not make very much money. the rate for an individual who has an writing out a check for $15 billion for Yet, under Senator CONRAD’s amend- estate that is taxed next year below $3 railroad retirement, something we ment, too bad: You pass away, we have million, the rate is zero; their rate have never done before. above $1 million is 41 percent. Which is a taxable event, and Uncle Sam gets The Trade Adjustment Assistance better? A zero rate up to $3 million, as half. If it is a $20 million business, take Program we passed had $11 billion of away your $3 million deductible and new entitlements, where the Federal in my proposal? Or their proposal, you have a $17 million business. Under Government is going to pick up 60 per- which is a 41-percent rate over $1 mil- his proposal, half of it goes to Uncle cent of health care costs for people who lion? Can we do the math? Which pro- Sam—actually, 55 percent of the $17 happen to be uninsured, unemployed. posal means less tax to the individual million. The Government is going to We are going to have a new wage en- in the family? Zero percent up to $3 get almost $9 million out of a $20 mil- titlement insurance program under million? Or their proposal that says a lion business. Congratulations, you are trade adjustment assistance. The sup- 41-percent rate over $1 million. really successful. If this is the case, plemental was $3.9 billion over the Compare it to current law. My rate is where are the liquid assets in this $20 President’s request. The supplemental zero percent up to $3 million. They million business? You do not have was almost $4 billion above the Presi- have zero up to $1 million. That is cur- them. You have invested them in plant dent’s request. Trade adjustment as- rent law. But over that the rate is 41 and equipment, in machinery, in jobs. sistance had $11.1 billion over the percent. Let’s see, are you going to pay You did not have them sitting around President’s request in new entitle- less tax under my proposal or their in CDs and cash, so you have to sell the ments. The farm bill was $82.8 billion proposal? Are you going to pay less tax business to pay the taxes. over the baseline. Railroad retirement under my proposal or under current That is what the amendment of the is $15 billion. So there is a lot of new law? Come on. I am ready to have an Senator from North Dakota is. It says, spending in excess of about $120 billion honest debate but let’s not twist things Government, you are entitled to take that Congress has passed in the last around and claim that my proposal half; and many of us say, no, you are few months. Where is the outrage on taxes more than your proposal. That not. This tax is unfair. It needs to be the impact on deficits on these bills? stands truth and logic on its head. repealed. When we start talking about not tak- Mr. KYL. Will the Senator yield for a We took a giant step in that direc- ing away half of somebody’s property question? tion when we phased down the tax and when they die and reject this tax pol- Mr. CONRAD. I yield. repealed it in the year 2010. We need to icy, perhaps we should have the tax Mr. KYL. I agree with the point in make it permanent, and that is exactly policy be enacted when their property the first year there is a greater benefit what the Gramm-Kyl-Nickles amend- is sold by their beneficiaries. Then for individuals but a higher cost to the ment does, makes it permanent. Sen- there is a taxable event and that tax- Government. Would the Senator con- ator CONRAD’s amendment says, no, we able event is taxed at the capital gains tinue the timeline over the next 10 do not want to do that. We will in- rate, which is 20 percent. With this years? crease the exemption a little bit and method, you would eliminate these bil- Mr. CONRAD. I would be happy to do then the Government is entitled to get lions of dollars that are being spent that. half. presently to avoid the tax. To everyone The next year, 2004, their exemption I hope my colleagues will reject that who knows estate planning, the law- is $1.5 million for current law with a 41- type of unfair tax policy that needs to yers and the accountants, this is an percent rate. Their proposal is a $1.5 be repealed. Even if it applies to one enormous field, which in my opinion million exemption with a 43-percent small percentage of the American pop- uses a lot of minds in a productive ven- rate. My proposal is $3 million, noth- ulation, it is not right to take it. One ture to avoid a very unfair tax. ing, no tax. So you are higher in 2003; can say, well, is it right to take 100 If we said, let us have a tax on cap- you are higher in 2004; you are higher percent of somebody’s property if it ital gains, it would simplify taxation. I in 2005; you are higher in 2006; you are only affects a few? I think of that as think we would see a lot of businesses higher in 2007. That is a long time in theft, rather than good, sound tax pol- grow if they did not receive this signal, which my proposal is better than your icy. stop, do not grow anymore because we proposal. I heard some people complain, what are going to take half of everything Not only is my proposal better in about the effects on deficits? I started you have. The economy would respond terms of the taxpayer for those years, looking at spending. I always hear in a very positive way. We would create my proposal is better for the Federal when we talk about taxes, but when we thousands, maybe hundreds of thou- Government’s Treasury and for fiscal talk about spending we do not hear sands, of jobs if we could repeal this responsibility and for Social Security about people talking about, what is the unfair tax. because our proposal costs less over the

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5357 next decade than does theirs. Why is current law and the $1 million they about 20 times the amount that it that? Because at the end of the decade have in their plan. would take to repeal the death tax. So, they eliminate the estate tax com- The choice is pretty clear, pretty obviously, it is not a question of pletely. It does not matter how big. It simple, but pretty important. money. It is a question of priorities. does not matter if you have a $50 bil- I yield the floor. I yield the floor. We are through on lion estate, they say you pay no tax. The PRESIDING OFFICER. The Sen- our side. The Senator from Texas talked about ator from Texas. The PRESIDING OFFICER. The Sen- what is fair and right. Let me give an Mr. GRAMM. Madam President, our ator’s time has expired. example of why I think what he is pro- dear colleague has a substitute which The Senator from Arizona. posing is less fair, is less right, than costs a ‘‘fraction’’ of a repeal but it is Mr. KYL. Might I address a question what I am proposing. better. If his amendment sounds too to the Senator from North Dakota Under their proposal, someone with good to be true, it is because it is too since the Senator from Nevada is not an estate of $50 million—for example, good to be true. here. It is our understanding under the Mr. Skilling, the executive who ran The first thing he never mentioned unanimous consent agreement the next Enron. He would have his estate tax was if you are a small business or fam- amendment that will be laid down will eliminated. The $55 million he would ily farm and you are engaged in any es- be laid down by Senator DORGAN or by save would be equivalent to all of the tate planning, and we know that small Senator REID on his behalf? Social Security taxes paid in one year businesses and family farms spend dol- Here is Senator REID. Perhaps we by 30,000 people earning $30,000. In lars in estate planning, this completely could get this underway now. If I could inquire of the Senator from Nevada, other words, in their idea of what is wipes all that out. I can show figures the time having expired under the fair, it is more important to take Mr. on a small business, a $10 million small unanimous consent agreement on the Skilling off the tax rolls completely, business, the tax would equally be first amendment laid down, is the even though his gains, many might higher next year under his proposal amendment of the Senator from North say, are ill gotten, it is more important than under ours. But we do not have to Dakota next? The next thing that will to take him off than to worry about get into all this gamesmanship. It real- transpire is that the Senator from Ne- the 30,000 Americans earning $30,000 a ly boils down to a simple question. We vada on behalf of the other Senator year paying that amount of money into repeal the death tax for everybody. from North Dakota will lay down an Social Security. Make no mistake, Mr. CONRAD. Will the Senator yield amendment; is that right? on that last point? these things are directly related. The PRESIDING OFFICER. The Sen- The proposal I have offered reforms Mr. GRAMM. I will yield. I only have ator from North Dakota still has 5 the estate tax. It says nothing is paid a couple of minutes, so do it fast. minutes. starting next year if you are an indi- Mr. CONRAD. I would love to see the Mr. KYL. I am sorry. I thought the vidual with an estate of less than $3 calculation the Senator has. Chair said all time had expired. million, and for a couple that is up to Mr. GRAMM. I will be glad to show The PRESIDING OFFICER. The time $6 million. You pay zero. That is much him. I have someone from the Finance of the Senator from Texas had expired. better for next year, and 2004, and 2005, Committee here, the staff person who Mr. KYL. If the Senator from North and 2006, and 2007, than their proposal. worked on this. She worked out the ex- Dakota still has 5 minutes, I will yield But, at the same time, my proposal ample of $10 million, and I will send her the floor to the Senator from North costs less because we do not eliminate over with it so your staff can take a Dakota. But if we could get a clarifica- the estate tax. So my proposal costs look at it. tion about what is going to happen $12.6 billion in the first decade; their Mr. CONRAD. I would love to take a when that time has expired, I would ap- proposal costs $99.4 billion. That is a look at that. preciate it. dramatic difference. It is at a time Mr. GRAMM. Here is the point. We Mr. REID. If the Senator from North when we will be running deficits for the don’t need to get into all this business Dakota will yield without this time entire next decade. Let me repeat that. about ‘‘he did,’’ ‘‘he didn’t,’’ ‘‘he did,’’ counting against his 5 minutes, I will We will be running deficits for the en- ‘‘he didn’t.’’ It boils down to this. We respond to the question of the Senator tire next decade unless something said we repeal the death tax and we re- from Arizona. changes. And just hours ago we had to pealed it. Only there is a trick: it The PRESIDING OFFICER. Without increase the debt of the United States comes back in 10 years. objection, it is so ordered. $450 billion. They are proposing a cost Senator KYL and I want to repeal it Mr. REID. I say to the Senator, at in the second 10 years of $740 billion. so it is dead forever. We do not think this time the Senator from North Da- Reform, not repeal, is the best thing death ought to be a taxable event. We kota, Mr. DORGAN, is working on some for this country’s economy, for our fis- don’t think you ought to have to sell minor changes in the amendment that cal stability, and for fiscal responsi- your family’s farm, business, or estate he offered previously. That amend- bility. And interestingly enough, it is to pay tax on money which you have ment, I cannot go into detail on. the best thing for taxpayers. It is the already paid taxes on. Basically, what it does is exempt best thing for taxpayers because they The Senator says let’s do it for some from the estate tax small farms and get a better break now. We go from a $1 people but not other people. Let’s do it businesses that let descendants take million exemption to a $3 million. Next for some Americans but not other over after the death of the party—the year, that would be $6 million for a Americans. And let’s, at the same same amendment he offered previously couple. time, ban all of the procedures whereby that I think got 43 votes. Basically, This idea of repeal which they have every small business in America and that is the amendment. proposed is a hoax. I don’t think it will every family farm in America is plan- I do say to my friend, I just talked to ever happen. They can pass it now, but ning for estate taxes to try to mini- the cloakroom and he is making some I don’t think it will happen. By some mize their costs. changes. We were and are entitled to other name this tax will come back and The bottom line is: Are you for a re- two second-degree amendments under we will have denied people the ability peal for everybody or are you for a re- the unanimous consent agreement. At to plan and we will also have denied peal for some of the people? It really this stage we may only offer one of people the chance to get a greater ex- boils down to that simple issue. them. Senator DORGAN is trying to emption now, which is what I am pro- As for this argument about Social change the one amendment so there posing. Security, I hope everybody understands may be one amendment rather than When I was raised, I was taught a that we collect a payroll tax for Social two. As soon as we get something in bird in the hand is worth two in the Security. The death tax collects less writing, we will let the Senator from bush. This proposal I am making is a than 1 percent of revenues, and none of Arizona know. I do not think there is bird in the hand, a $3 million exemp- that money goes into Social Security. any question that the amendment you tion, or a $6 million exemption for a In fact, as I pointed out over and over are going to lay down is the same one couple, starting next year, instead of and over, five times in the last 9 we have seen before, just an outright the $1 million exemption that exists in months we have spent cumulatively repeal?

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5358 CONGRESSIONAL RECORD — SENATE June 11, 2002 Mr. KYL. Also, not taking away the our colleagues on the other side are They say their proposal is fair. They time of the Senator from North Da- here saying they want to increase the say their proposal is equitable. I don’t kota, the Senator from Nevada is cor- debt another $100 billion in this 10 see it. Taking all of the taxes from rect. I just inquire, then, for the ben- years, by another $740 billion in the 30,000 people earning $30,000 a year to efit of all Senators, when the Senator second decade. eliminate the estate taxes of Mr. from North Dakota has completed his 5 Let’s look at where we are and where Skilling is not fair. minutes of concluding remarks, could we are headed. This chart shows that I thank the Chair. I yield the floor. the Senator from Nevada explain what from 1992 to 2000 we pulled out of def- I suggest the absence of a quorum. happens at that point? icit. We got ourselves into cir- The PRESIDING OFFICER (Mr. DAY- Mr. REID. I have spoken to the ma- cumstances in which we were running TON). The clerk will call the roll. jority leader. We have the Prime Min- surpluses. Last year with the Presi- The senior assistant bill clerk pro- ister of Australia coming for a joint dent’s budget plan we plunged back ceeded to call the roll. session of Congress tomorrow morning. into deficit, and we now are told that Mr. DASCHLE. Mr. President, I ask We are going to do a limited amount of we can expect deficits the entire rest of unanimous consent that the order for morning business in the morning. Then the decade. That is before their pro- the quorum call be rescinded. the escort committee would go with posal to dig the hole even deeper. And The PRESIDING OFFICER. Without the Senators over to the House side the outlook for the years beyond is objection, it is so ordered. and listen to that speech. That is ex- even more serious. Mr. DASCHLE. Mr. President, I pected to be completed and we will be That brings us to the question of wanted to announce that there will be back in session approximately 12:30 to- what do we do on the estate tax. I ac- no further votes today. I appreciate the morrow afternoon. knowledge we need to reform the es- vigorous debate we have had on the At that time, Senator DORGAN will tate tax—$1 million is too low for a tax Conrad amendment, and appreciate lay down his second-degree amendment to be imposed. So I proposed that next Senators coming to the floor to move with a 2-hour time limit. We would year we go to $3 million of exemption the schedule along. vote at approximately 2:30 on the Dor- for an individual estate; $6 million for It is my hope that we will have a gan amendment, then the Conrad a couple. They would pay zero under vote at approximately 2:30 tomorrow, amendment, and then we would turn to my proposal. A couple would pay no es- and it may be stacked with another the Senator from Texas. He would lay tate tax up to $6 million. Our friends amendment. down his amendment which would on the other side, they don’t get to $3 I urge Senators to offer their amend- probably be around 3:15. At 5:15 or 5:30, million until 2009. ments because we will miss a window thereabouts, debate on that would be My proposal also freezes the max- here, and we will then make a point of completed, and I hope on or about that imum estate tax rate at 50 percent. It order on the bill itself sometime to- time we could vote on the amendment retains stepped-up basis. I know that is morrow. of the Senator from Texas and be fin- a confusing term, but it is an impor- We are not going to wait for Sen- ished with this matter. tant one. What it means is that in the ators. They are either going to offer Mr. GRAMM. If the Senator will future, you will pay taxes on what you their amendments or they are going to yield, let me just reaffirm so everybody inherit based on the value at the time miss the opportunity. knows, I will offer exactly the language you inherit it, not what grandpa paid So those Senators who have amend- that passed the House, repealing the for the property, not what grandma ments need to come to the floor and death tax permanently. So if we did it, paid for the property, but what it was lay them down and have the debate, as it would go right to the President, he worth when it passed to you. Senator CONRAD did this afternoon. would sign it into law. That is a very important difference We will pick up this debate again to- The PRESIDING OFFICER. The Sen- between their proposal and mine. While morrow morning. ator from North Dakota. my proposal is more generous to tax- I yield the floor. Mr. CONRAD. Madam President, let payers in the short term, it is also I suggest the absence of a quorum. me conclude this debate as I began. I more fiscally responsible because we The PRESIDING OFFICER. The believe our votes must be informed by don’t eliminate the estate tax com- clerk will call the roll. the current fiscal condition of the pletely as their proposal does. They are The legislative clerk proceeded to country. As the President said to us proposing to eliminate the estate tax call the roll. last year, his budget was going to pay completely after the year 2010. My pro- Mr. REID. Mr. President, I ask unan- off $2 trillion of debt over the next dec- posal saves hundreds of billions of dol- imous consent that the order for the ade. He said, at that time, that would lars that otherwise are going to come quorum call be rescinded. be the largest debt reduction of any straight out of Social Security. There The PRESIDING OFFICER (Mr. DAY- country ever. is no other place for it to come from. TON). Without objection, it is so or- Now the President comes to us 1 year They deny it. They say this has no ef- dered. later and says: Whoops, forget about fect on Social Security. Really? Where f that. Forget about maximum paydown is the money coming from? There is of the debt. Forget about paying down only one place it can come from; that MORNING BUSINESS more debt than any country ever. In- is, straight out of Social Security. Mr. REID. Mr. President, I ask unan- stead of paying down debt, I am asking My proposal will reduce the number imous consent that the Senate now you, Members of Congress, for the sec- of estates that are taxable from the proceed to a period of morning business ond biggest increase in the debt in our current level, which is 2 percent. Only with Senators allowed to speak therein Nation’s history. 2 percent of all estates in America have for a period not to exceed 10 minutes The only bigger request for an in- any tax. I would reduce that to three- each. crease in the debt was made by the cur- tenths of 1 percent, but at the same The PRESIDING OFFICER. Without rent President’s father when he was time save the fiscal position of the objection, it is so ordered. President. He asked for and received a country. f $915 billion increase in the national There is no question that what they debt in one fell swoop, in November of are talking about—estate tax repeal— TRIBUTE TO FLOYD CALVERT, JR. 1990. raids Social Security trust funds. Look Mr. NICKLES. Mr. President, I recog- Now comes this President and he at what it does. Their idea of fairness nize an American who honorably asks for a $750 billion increase in the is to eliminate the estate taxes for served our Nation for nearly 40 years. debt, the second biggest in our Nation’s somebody like Mr. Skilling, former At the age of 25, Lieutenant Floyd Cal- history. CEO of Enron, who would save under vert Jr., an Oklahoman and Cherokee We all have to think a moment about their plan an estimated at $55 million. Indian, served as a bomber pilot in the the changed circumstances. Just hours That is equivalent to all of the Social U.S. Army Air Corps flying B–29 air- ago, this Chamber voted to increase Security taxes paid in a year by 30,000 craft in the Pacific Theater during this Nation’s debt by $450 billion. Now American people earning $30,000. World War II.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5359 On June 1, 1945, Lt. Calvert and his value of our many freedoms, it is im- the United Nations, and other inter- crew of ten from the 504th Bomb Group portant that we do not forget the he- national bodies to obtain any possible took off from Tininan Island, in the roes who fought so fearlessly and val- information about the fate of the miss- Marianias to strike Osaka, Japan. Im- iantly in past conflicts to protect our ing soldiers. According to the Geneva mediately after delivering his ord- nation and our freedoms. Such brave Convention, Syria is responsible for the nance, his B–29 aircraft was hit and se- men and women have preserved our lib- fates of the Israeli soldiers because the verely damaged by anti-aircraft artil- erty and democratic values and safe- area in Lebanon where the soldiers dis- lery fire. Lt. Calvert’s headset was guarded our freedom to pursue the appeared was continually controlled by blown off inflicting wounds in his scalp American dream. Syria. To this day, despite promises and left arm. His co-pilot was also The Chaldeans are people who possess made by the government of Syria and wounded and unable to assist in flying a long and fascinating history. They by the Palestinians, very little infor- the damaged B–29. With the right in- have traditionally spoken a form of Ar- mation has been released about the board engine on fire, Lt. Calvert placed amaic, the language in which the New condition of Zachary Baumel, Zvi Feld- his aircraft in a steep dive to extin- Testament was written, and possess an man, and Yehudah Katz. guish the flames. With the fire out he interesting theological history that in- Today marks the anniversary of the tried in vain to feather the engine but cludes a reunion with the Roman day that these soldiers were reported the runaway propeller spun off and flew Catholic Church in 1551 A.D. This re- missing in action. Twenty pain-filled into the right outboard engine, cre- union led to the establishment of the years have passed since their families ating a very grave situation with both Chaldean rite of the Catholic Church. have seen their sons, and still Syria engines on the right side inoperable. Many Chaldeans immigrated to the has not revealed their whereabouts nor Lt. Calvert’s crew decided to remain United States from Iraq, and have provided any information as to their with the crippled B–29. Wounded and played an important part in our na- condition. bleeding, Lt. Calvert flew solo toward tion’s growth and success. Detroit is One of these missing soldiers, the airfield at Iwo Jima. To reduce the privileged to be home to the largest Zachary Baumel, is an American cit- aircraft’s weight and extend its range, Chaldean community in the United izen from my home of Brooklyn, New he proceeded to jettison all removable States. In Detroit and throughout the York. An ardent basketball fan, items, to include life rafts, reducing nation, Chaldean Americans have dedi- Zachary began his studies at the He- their chances of survival if they had to cated themselves to the making a bet- brew School in Boro Park. In 1979, he ditch the aircraft into the Pacific ter life in America. Detroit, the State moved to Israel with other family Ocean. Once over Iwo Jima, Lt. Calvert of Michigan and our nation have bene- members and continued his education circled his bomber to permit other fitted from their patriotism, hard work at Yeshivat Hesder, where religious bomber aircraft to recover or bail out and dedication to community, faith studies are integrated with army serv- over the tiny island. In a feat of un- and family. These many contributions ice. When the war with Lebanon began, precedented airmanship and heroism, have greatly benefitted our nation and Zachary was completing his military Lt. Calvert then flew a flawless ap- have included the service of nearly two service and was looking forward to at- proach and landing, bringing his crew hundred Chaldean Americans in the tending Hebrew University, where he to safety in an aircraft that would United States Armed Forces. had been accepted to study psychology. never fly again. The entire Chaldean American com- But fate decreed otherwise and on June Like so many of his time, Lt. Calvert munity can take pride in their long 11, 1982, he disappeared with Zvi Feld- returned to Oklahoma and began a and honorable tradition of service to man and Yehudah Katz. fifty-one year marriage and raised five our nation, particularly their service During the 106th Congress, I co-spon- children. He worked for 34 years as a in our nation’s armed forces. I am sure sored and helped to pass Public Law federal employee at Tinker Air Force that my Senate colleagues join me and 106–89, which specifies that the State Base in Oklahoma City and served on the Chaldean American Ladies of Char- Department must raise the plight of his local school board and in his ity in paying tribute to Chaldean these missing soldiers in all relevant church. Today, at age 82, he resides American veterans. discussions and report findings to Con- with his youngest daughter, her hus- f gress regarding developments in the band and their two children, and he re- Middle East. We need to know that REMEMBERING THE MIA’S OF SUL- mains an inspiration to our generation every avenue has been pursued in order TAN YAQUB ON THE TWENTIETH as we look back and admire the heroes to help bring about the speedy return ANNIVERSARY OF THEIR CAP- of our past. I thank him for his unwav- of these young men. Therefore, I TURE ering service and sacrifice to the strongly feel that we must be sure to United States of America. May God Mr. SCHUMER. Mr. President, I rise continue the full implementation of bless Floyd Calvert Jr. and his family. today to ask my colleagues to join me Public Law 106–89, so that information f in remembering the Israeli soldiers about these men can be brought to captured by the Syrians during the 1982 light. RECOGNITION OF THE VALOR, Israeli war with Lebanon. It is with Zachary’s parents Yonah and Miriam DEDICATION, AND PATRIOTISM great sadness that we mark today 20 Baumel have been relentless in their OF CHALDEAN AMERICAN VET- long years of anguish for their families, pursuit of information about Zachary ERANS who continue to desperately seek infor- and his compatriots. I have worked Mr. LEVIN. Mr. President, later this mation about their sons. closely with the Baumels, as well as month, on June 14th, people in my On June 11, 1982, an Israeli unit bat- the Union of Orthodox Jewish Con- home state of Michigan will be gath- tled with a Syrian armored unit in the gregations of America, the American ering at a special ceremony to honor Bekaa Valley in northeastern Lebanon. Coalition for Missing Israeli Soldiers, men and women of the U.S. armed Sergeant Zachary Baumel, First Ser- and the MIA Task Force of the Con- forces who have served to preserve our geant Zvi Feldman, and Corporal ference of Presidents of Major Amer- nation’s freedom. This ceremony held Yehudah Katz were captured by the ican Jewish Organizations. These by the Chaldean American Ladies of Syrians that day. They were identified groups have been at the forefront of Charity will pay tribute to Chaldean as an Israeli tank crew, and reported this pursuit of justice. I want to recog- American men and women who have missing in Damascus. The Israeli tank, nize their good work and ask my col- served or are currently serving in our flying the Syrian and Palestinian flag, leagues to join me in supporting their Nation’s military. was greeted with cheers from bystand- efforts. For two decades these families It is particularly poignant that peo- ers. have been without their children. An- ple are gathering to honor Chaldean Since that terrible day in 1982, the swers are long overdue. American veterans on the day set aside governments of Israel and the United I am not only saddened by the plight to honor our foremost symbol of free- States have been doing their utmost by of Zachary Baumel, Zvi Feldman, and dom: the American flag. At a time working with the office of the Inter- Yehudah Katz, but I am disheartened when we are reminded of the priceless national Committee of the Red Cross, and angered by the fact that even as we

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5360 CONGRESSIONAL RECORD — SENATE June 11, 2002 have continued to search for answers process based upon 10,000 signatures to other silver mining states. It is my about their welfare, we have been the Cuban National Assembly is laud- hope that the Senate will move expedi- forced to add more names to the list of able. I ask that the record show that I tiously to consider and pass this legis- those for who we have no knowledge of would have voted in favor of S. Res. 272 lation before the stockpile is deleted. their location, health, or safety. and I support its passage. My vote did f IDF Soldier Guy Chever disappeared not affect the outcome because the res- ADDITIONAL STATEMENTS without a trace from his army base in olution passed overwhelmingly. the Golan on August 17th, 1997. Almost f three years later, Colonel Elchanan FOUR SOUTH CAROLINA STU- Tanenbaum was kidnapped by SUPPORT OF AMERICAN SILVER EAGLE BULLION PROGRAM ACT DENTS TO PRESENT HISTORY Hezbollah while on a business trip in PROJECTS Mr. CRAPO. Mr. President, last week Europe on October 15th, 2000. Left be- ∑ Mr. HOLLINGS. Mr. President, I wish I introduced with my colleague from hind are two more families who simply to congratulate four Cheraw, SC, stu- Nevada, Senator REID, the Support of do not know what has become of their dents who will be in Washington, DC American Silver Eagle Bullion Pro- loved ones. tomorrow exhibiting their history And at this time, I feel it is also ap- gram Act. This legislation will pre- projects as part of National History propriate to speak not only of those serve our most successful silver coin Day. who remain missing, but for those who program, the American Silver Eagle These young historians were selected were unfairly taken from their families Bullion Program. out of more than half a million from never to return. I am speaking of From the inception of the program, across America, and they are bringing course of Sergeant Adi Avitan of Tibe- the Silver Eagle coin has been the do- with them months of research. They rias, Staff Sergeant Binyamin mestic and global market share leader earned the trip by showing they are the Avraham of Bnei Brak, and Staff Ser- in commemorative coin programs. It is best of the best, and our State and Na- geant Omar Souad of Salma. also the largest of the United States tion are better off for their hard work. In a clear-cut violation of inter- Mint’s silver coin programs. From Fis- When young people, on their own, want national law, these three Israeli sol- cal Year 1995–2001, the program has to understand the fundamental prin- diers were abducted by Hezbollah on generated revenues of more than $264 ciples and values of our democracy, October 7, 2000 while on operational million. Profits from this program ulti- they are more likely to vote. They are duty along the border fence in the Dov mately go into the Treasury General more likely to participate in public Mountain range along Israel’s border Fund, which reduces the government’s service. They are more likely to take with Lebanon. It is believed that they debt. seriously the civic commitment this were wounded during the incident. Since 1986, the Mint, through inter- nation needs in the new century. According to an investigation by the agency agreements with the Defense I wish the very best to Bryan Blair, IDF Northern Command, Hezbollah ter- Logistics Agency, has been using the whose exhibit is ‘‘The Orangeburg Mas- rorists set two roadside bombs, then Strategic and Critical Materials Stock- sacre: Revolution, Reaction, and Re- crossed through a gate near the fence, pile as a source of silver from the form in South Carolina’’; and to pulled the three soldiers out of their American Eagle Silver Bullion Pro- Meagan Linton, Mary Hudson, and Jor- jeep and fired anti-armor missiles at gram. The use of the Stockpile silver is dan Thomas, whose exhibit is: ‘‘Tears the empty vehicle. The soldiers were a result of legislative mandates. This of Sorrow or Tears of Joy: Reaction to then taken by the terrorists to the stockpile of silver, which had a begin- the Assassination of Abraham Lin- Lebanese side of the border. Although ning balance of 137.5 million ounces, is coln.’’∑ the United States called on Syria to as- rapidly being depleted. At the current f sist in the timely release of these three rate of depletion, the silver will be de- IN HONOR OF W. RALPH GAMBER, soldiers, no information was given as pleted in approximately two months. FOUNDER OF DUTCH GOLD HONEY to their conditions or whereabouts. With the depletion of silver reserves ∑ Mr. SANTORUM. Mr. President, Fri- The International Red Cross had also in the Defense Logistics Agency Stock- day, June 14, is our National Flag Day. been requested to intervene by at- pile, it has become necessary for the This year, Flag Day has special mean- tempting to arrange for a visit with Department of the Treasury to acquire ing for many in Lancaster, PA, it will the three kidnapped IDF soldiers in silver from other sources in order to continue the Silver Eagle Program. be a day of remembrance for the life order to ascertain their status. and work of W. Ralph Gamber. It is This bill adds a stockpile depletion After much soul searching and heart- particularly appropriate that Ralph’s contingency provision to the United ache, it was determined that the return legacy will be honored on Flag Day; in States Code that allows the Secretary of these men to their homes and loved many ways, he lived the American of the Treasury to obtain silver from ones could no longer be hoped for. dream through the kind of patriotism Their families have grieved, and my other available sources, while not pay- that is grounded in community in- heart goes out to them. The hope I hold ing more than the average world price. volvement and love of family. The now is that we will not allow the fami- I rise today to introduce this legisla- company Ralph founded in 1946, Dutch lies of those who remain missing to tion because it is vital to the economy Gold Honey, Inc., will also be honored suffer in the same way. in my home State of Idaho. The mines as part of his legacy and those who will The agony of the families of these of the Silver Valley in North Idaho gather at the site of his family busi- kidnapped Israeli soldiers is extreme. produce more than $70 million of silver ness in Lancaster will dedicate a flag- They have not heard a word regarding per year, along with employing over pole in his memory. the fate of their sons who are being 3,000 Idahoans and contributing more Ralph Gamber began his honey proc- held captive for political ransom. We than $900 million to the overall Idaho essing business with a $27 investment must pledge to do our utmost to bring economy. in three beehives in the mid-1940s. these soldiers home, for the same of Moreover, I am proud to recognize What was initially a hobby of canning peace, decency and humanity. that the blanks used by the United honey in the family garage grew to be f States mint in their American Eagle a vehicle for innovation and a model Silver Bullion Program are produced for the success of hard work and family VOTE EXPLANATION by Sunshine Minting, Inc., in Coeur cooperation. Today, Dutch Gold Honey Mr. LIEBERMAN. Mr. President, I d’Alene, ID. Approximately 60 people at is one of the largest independent honey regret I was not able to vote on S. Res. Sunshine Minting work directly on the packers in the nation and, as an indus- 272. My airline flight back to Wash- U.S. Mint Silver Eagle Program. try symbol of quality and partnership, ington, DC was delayed for many hours Idaho’s mining sector is a critical remains family-owned and operated. because of adverse weather conditions. component of our national economy, The plastic honey bears seen on the I express my support for this measure and this bill makes certain that we shelves of every grocery store in Amer- and applaud its passage. A national ref- preserve the Silver Eagle program and ica are Ralph’s invention and their suc- erendum to support a more democratic keep valuable mining jobs in Idaho and cess led to the creation of the Gamber

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5361 Container Company. Ralph, his wife and was very impressed by the young WHY I AM GLAD AMERICA ISANATION OF Luella, and his three children have writers. In their essays, the students IMMIGRANTS made an incredible contribution to the showed great pride in our Nation’s di- (By Mike Duffy, Pine View Elementary, Sarasota, FL, Runner-Up) Lancaster area through their business versity and its immigrant heritage, I am glad America is a nation of immi- accomplishments. Ralph served a term and many told the story of their own as president of the National Honey grants. When the original immigrants came family’s immigration. to America, they came here seeking freedom Packers & Dealers and in 1992, was rec- I am pleased to announce that this of expression, religious freedom, and freedom ognized as Pennsylvania Entrepreneur from oppression. This helped to form our of the Year by Entrepreneur Magazine. year’s winner is a Massachusetts resi- constitution, which gives us those same Additionally, the Gambers established dent, Nicole Florio, a fifth-grade stu- equal rights today. the Gamber Foundation, a resource to dent in Framingham, MA. In her poem, The diverseness of the people who came support local charities and nonprofit ‘‘Why Am I Glad,’’ Nicole explores the here for opportunities brought about a cul- organizations, honeybee research, and ture that the world had not previously seen value of her friends’ cultures and how before. It also gave us ideas that would have scholarships for the children of Dutch their diversity enhances her life. She never come to light otherwise. Gold Honey employees. describes the diverse traditions and Living with other cultures teaches us new Ralph Gamber’s legacy, however, is treasures of her friends, from Ceilidh’s things and makes us more tolerant and un- not limited to his honey-related work. derstanding of our fellow man. The edu- Irish step-dancing to Anastasia’s nest- His life’s worth of community and fam- cation we gave each other makes us more ily focus is what earns him particular ing dolls. In the final stanza, Nicole open to new ideas and better technology. Our attention on Flag Day. To Ralph, work notes how she herself is a product of nation is the strongest and best because of immigrants, as all of us are, and that our unity. was an extension of family together- In America all religions are practiced free- ness and he firmly believed that when without immigration, ‘‘there would be ly. Our different beliefs are acknowledged families pray together, they stay to- no me!’’ and respected. This makes us strong and gether. Evidently, a family that stays Other students honored for their cre- proud. Our way of life is often challenged though. Freedom is always at stake from together is one that can also share in ative essays were Mike Duffy of Sara- building a unique, successful business. those who wish to dominate. Brave immi- sota, FL, Emily Friedman of Los Ange- grants past and present, who took the chance Ralph would count his 66-year mar- les, CA, Christina Jundt of Norcross, of coming here for a better life; help keep riage, three children, eight grand- GA, and Ilana Pen˜ a of North Miami our country free and strong. Once they have children, and nine-great-grandchildren Beach, FL. enjoyed the freedom we have, they are will- among his greatest accomplishments. ing to stand up and fight to keep that free- He was involved with the Salvation I believe that these award-winning dom. Army and helped to found his local fire essays in the ‘‘Celebrate America’’ con- Mutual respect, which all people can enjoy company. He was a veteran of the Sec- here in this country, is why we (all cultures) test will be of interest to all of us in come together so readily, when any part of ond World War and, with a strong con- the Senate, and ask that they be print- our nation is in trouble. It is living proof nection to his church, Ralph acted as ed in the RECORD. that despite our differences we are all Amer- Sunday school superintendent for icans at heart. The essays follow. many years, was a member of his church council, and later chaired the WHY AM I GLAD AMERICA ISANATION OF A NATION OF IMMIGRANTS church’s stewardship committee. IMMIGRANTS (By Emily Friedman, Stephen S. Wise Ele- Throughout his life and through his mentary, Los Angeles, CA, AILA Southern (By Nicole Florio, Hemenway Elementary California Chapter Contest Winner) livelihood, Ralph has demonstrated his School, Farmingham, MA, Grand Prize commitment to the community and In early September my teachers asked, Winner) ‘‘Do you think America is a melting pot or a people he cared so much about. I share People come to America salad bowl?’’ After thinking about it, I de- his story today because I believe it is from many different places, cided America is neither. America is not like worthy of our admiration and it is evi- I have lots of friends a melting pot because all the cultures do not dence of how the American Dream con- of many different races. blend together and become unnoticeable. tinues to inspire us. Ceilidh’s from Ireland, However, America is not a salad bowl be- My thoughts will be with the family we have loads of fun, cause cultures do not stay as distinct as let- and friends of Ralph Gamber this Flag she taught me Irish step-dancing tuce and cucumbers in a salad. I thought we dance till day is done! America should be described as a chunky, Day. When our national banner is minestrone soup. The ingredients stay dis- raised over Dutch Gold Honey, it will Jessica’s from Colombia, tinct, but as the soup simmers, the ingredi- be a reminder to all who see it that she speaks Spanish, ents like cultures interact and blend with love, perseverance, and community are to speak two languages each other. the keys to success in family and in is my wish. The different spices and vegetables that go life.∑ Anastasia is from Russia, into minestrone soup are like the immi- I adore her nesting dolls, grants from different places around the f I looked for them world. The immigrants spice up the soup and AMERICA: A NATION OF in all of the malls. make it flavorful. With the exception of Na- IMMIGRANTS Cara and Cady are from China, tive Americans, we were all once immigrants. The best secret of a minestrone soup ∑ Mr. KENNEDY. Mr. President, each Cady’s grandma grows bamboo. They both love Chinese New Year is that it never stays the same. As immi- year the American Immigration Law and I do too! grants come from all over the world, they Foundation and the American Immi- contribute to the taste of the soup. They Murat is from Turkey, gration Lawyers Association sponsor a bring their language, traditions, foods and his wedding I did love, customs and their various dreams for a bet- national writing contest on immigra- when we left the tion. Thousands of fifth-grade students ter life for freedom and opportunity. They fireworks blasted ’bove! also add their ideas for a better America and from across the country participate in Nicole is from Israel, make contributions to our society. the competition, responding to the she is thirteen. I am proud to live in a country where peo- statement, ‘‘Why I’m Glad America is a When she had her Bat Mitzvah ple can be free and where everyone can con- Nation of Immigrants.’’ she looked like a queen! tribute. I am glad America is a nation of im- These essays remind us that it is of If I didn’t have these friends, migrants because without them, America great importance that we not forget how boring life would be! wouldn’t be a chunky bowl of delicious min- our rich history and heritage as a na- I’m glad America has immigrants estrone soup. as you can plainly see. tion of immigrants. Continued immi- AMERICA—A NATION OF IMMIGRANTS Mom’s family is from Poland, gration is part of our national well- (By Christina Jundt, Simpson Elementary Dad’s from Italy, being, our identity as a nation, and our School, Norcross, GA, AILA Atlanta Chap- if my grandparents didn’t come strength in today’s world. ter Contest Winner) there would be no me! I had the privilege of serving as one As Immigrants traveled over the rolling of the judges for this year’s contest, Based on a true story! sea, checked in at Ellis Island, suffered

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5362 CONGRESSIONAL RECORD — SENATE June 11, 2002 through minimum wage jobs, and endured West and will continue long into the waii, and all students of history. criticism from the people around them, they future. Mamalohoe, the Law of the Splintered had no idea they would change American Dan joined my office in the U.S. Paddle, is the most prominent example people, and America itself forever. House of Representatives in 1991 right of Kamehameha as a wise and just America is like a giant mosaic—the most beautiful in the world. If the mosaic was all out of school. Dan did a great job for leader. Mamalahoe is Hawaii’s first one color, the beauty would be gone. The me and was promoted to Communica- Bill of Rights protecting the common pieces are all beautiful in their own way. Not tions Director when I was elected to people from assault, and it is still part one piece is more important than another. the U.S. Senate in 1994. of our State’s constitution. Not one piece shines more brightly than an- Dan has not only been valuable in One hundred and ninety years ago, in other. The mosaic is perfect, and without Washington, he was also a crucial part the summer of 1812, Kamehameha re- Immigrants, this could not have been accom- of three, statewide, victorious cam- turned to the Kona Coast. Having uni- plished. So much of our lives would be dif- paigns. He also took time from our ef- fied the islands and established peace ferent if it wasn’t for the diverse nationalities, and the Immigrants that traveled from forts on sabbatical to assist with the and stability, Kamehameha worked to those nations. Every time you eat a plate of success of my good friend and col- build prosperity for his people by in- spaghetti, think of an Italian Immigrant. league, Senator ENZI, on his initial creasing agricultural production and Every time you bite into a bar of chocolate, election effort in 1996. foreign trade. think of a Mexican Immigrant. Every time We’re part of a team, my staff and I. The first observance of a day hon- you look around your community, and see Along with my wife, Susan, we feel oring King Kamehameha was pro- people nationalities, who have different reli- strongly bound to service for the peo- claimed by King Kamehameha V on gions, who have different customs, think of ple of Wyoming. As we say in the West, June 11, 1872, in the Kingdom of Ha- an Immigrant who bravely traveled from Dan’s a good hand. That’s a high com- waii. It remains an annual holiday in their hometown, to bring us those unique ways of life. These Immigrants enriched and pliment. It means that he’s part of the the State of Hawaii. This year marks influenced our lives in so many positive team, reliable in a storm or any cir- the 130th anniversary of the only holi- ways. cumstance. In the House, Senate and day in the United States created to on the campaign trail, Dan has proved honor a once-reigning monarch in the WHY I’M GLAD AMERICA IS A NATION OF to be one of the brightest and most ef- only state that was once a kingdom, IMMIGRANTS fective public policy communicators the State of Hawaii.∑ (By Ilana Pen˜ a, Oaks Elementary School, and political strategists in Wyoming f North Miami Beach, FL, AILA Southern and Washington. Florida Chapter Contest Winner) Dan has decided to join Brimmer MISSION OF PEACE HOUSING Tomatoes, cucumbers, lettuce . . . Rus- Communications and will lead a new COUNSELING AGENCY sians, Cubans, Asians . . . This is America, a Washington, DC office for the public re- ∑ Mr. LEVIN. Mr. President, I have nation of immigrants. Many people say lations firm based in Jackson Hole, come today to ask the Senate to join America is a melting pot, everybody coming Wyoming. While it’s always hard to see with me in paying tribute to the Mis- from different nations but melting into sion of Peace Housing Counseling America. We are all proud to be Americans, good people move on, in this case, I’m but I think of us not as a melting pot, but as glad Dan plans to go to a strong firm Agency which is located in the City of a salad bowl. at home and stay close to Wyoming Flint, in my home state of Michigan. A salad bowl is made up of different vege- people. Home ownership has long been one of tables, each with it’s own distinct flavor. I’m not always the best at saying the best ways for individuals and fami- When you take a bite, you still taste each in- good-bye. I don’t like to say it. So I’ll lies to acquire capital, build equity and dividual vegetable, but mixed all together, just say see you, and I hope that’s true. secure entry into the middle class. Mis- the salad is delicious. Each American has his I’ll look forward to it. sion of Peace Housing Counseling own distinct identity yet mixes together to Agency was founded in 1997 by Rev- create our wonderful America, a country To our friend, Dan, I wish him and made up of different people, with different his wife, Isabel, the best of luck, and I erend Elmira Smith-Vincent to assist cultures and backgrounds. know the Senate does as well.∑ those who desire to own their own Being a country of immigrants makes f home thereby gaining further control America a dynamic place to live. We are rich over their financial futures. As a real with unique cultures. I have a friend whose COMMEMORATION OF KING estate agent, Reverend Smith-Vincent family comes from India, and I am fas- KAMEHAMEHA I saw a need to educate people and pro- cinated by her stories about her family’s ∑ Mr. AKAKA. Mr. President, I rise vide them with the skills needed to home country. Because of immigrants, there today in commemoration of the birth- purchase a home. A faith-based, non are different foods in our country, different clothing, different songs, and different ways day of Hawaii’s first monarch, King profit agency, Mission of Peace Hous- of dancing. Kamehameha I. More than two cen- ing Counseling Agency provides assist- My father and his family came from Cuba, turies since his birth, Kamehameha is ance to families and individuals in the and my mother’s family came from Russia. I a legendary, indeed, mythical figure re- skills needed to purchase a home. am grateful that my country welcomed them nown worldwide for his bravery and Since its inception, Mission of Peace here in the United States of America. On our martial brilliance. He commands the Housing Counseling Agency has devel- Thanksgiving table is not only the tradi- respect of Hawaii’s people for his wise oped strong working relationships with tional turkey, but frijoles negros, and kugel and just leadership, and his accom- the Department of Housing and Urban pudding. It makes me realize what a remark- Development, The Fannie Mae Cor- able country I live in, as we all, Jews and Cu- plishments continue to influence and bans, sit around a long table with the salad govern Hawaii today. poration, the Fannie Mae Foundation, in the center representing our country, and Historically, Kamehameha is notable the United States Department of the share our cultures.∑ because of his brilliance as a military Treasury, the Federal Reserve Bank, f strategist and political leader. Kame- area banks and lenders, local govern- hameha adapted Western innovation, ments, schools, and the faith-based TRIBUTE TO DAN KUNSMAN weaponry, and science to gain a deci- community. These strong relationships ∑ Mr. THOMAS. Mr. President, I rise sive advantage in his drive to unify the have enabled the Mission of Peace today to say good-bye to a good friend Hawaiian Islands. For Native Hawai- Housing Counseling Agency to have ac- who has worked with me for over 10 ians and the people of Hawaii, Kameha- complished many great things since its years. meha is beloved for his concern and at- inception only five years ago. Dan Kunsman has been my Commu- tention to the well-being of his sub- In 2001, they formed a partnership nications Director for the last eight jects and for his commitment to do with Fannie Mae to offer the Mission of years, adding to some 3 years of assist- what was just and right for the people. Peace Faith-Based Home ownership ing me on the House side when I was Kamehameha’s wisdom, even more Initiative. As well, they implemented the lone congressman from Wyoming. than his strength, stature, and daring, with great success an Individual Devel- Also a native son of Wyoming, his work is his greatest and most enduring leg- opment Account program which allows for me and the great State extends acy for Hawaii’s indigenous peoples— participants to open an account at the deeply into the heart and soul of the the Native Hawaiians, the people of Ha- Fifth Third Bank to save toward the

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5363 down payment and closing cost of MESSAGE FROM THE HOUSE proposed license for the export of defense articles to India; to the Committee on Foreign home purchase. Most recently, the ENROLLED BILL SIGNED United States Department of the Relations. At 2:22 p.m. a message from the EC–7394. A communication from the Comp- Treasury announced that Mission of House of Representatives, delivered by troller General of the United States, trans- Peace Housing Counseling Agency is a Ms. Niland, one of its reading clerks, mitting, pursuant to law, the report of the recipient of a First Accounts Program announced that the Speaker has signed list of General Accounting Office reports for March 2002; to the Committee on Govern- Grant to assist ‘‘unbanked’’ people. the following enrolled bill: Through this grant, they will provide mental Affairs. services in Genesee, Lapeer, Oakland, S. 1372. An act to reauthorize the Export- EC–7395. A communication from the Comp- Import Bank of the United States. troller General of the United States, trans- Saginaw and Shiwasee Counties. mitting, pursuant to law, the report of the Mission of Peace Housing Counseling The enrolled bill was signed subsequently by the President pro tempore lists of the General Accounting Office for Agency is a leader in helping people February 2002; to the Committee on Govern- take control of their financial well- (Mr. BYRD). mental Affairs. being and has been recognized numer- f EC–7396. A communication from the Chair- ous times for their achievements. man of the Council of the District of Colum- ENROLLED BILL PRESENTED Some of the agencies awards include bia, transmitting, pursuant to law, a report The Secretary of the Senate reported on D.C. Act 14–377, ‘‘Government Attorney the Local and National HUD Best Prac- Certificate of Good Standing Filing Require- tices Award, the Congress of National that on today, June 11, 2002, she had ment Amendment Act of 2002’’; to the Com- Bank Churches Client Volume Award, presented to the President of the mittee on Governmental Affairs. Homeowners and Outstanding Achieve- United States the following enrolled EC–7397. A communication from the Chair- ment Awards, Fannie Mae Partner bill: man of the Council of the District of Colum- Award, State of Michigan Special Trib- S. 1372. An act to reauthorize the Export- bia, transmitting, pursuant to law, a report Import Bank of the United States. on D.C. Act 14–380, ‘‘Omnibus Anti-Terrorism ute Award, the City of Flint Peppy Act of 2002’’; to the Committee on Govern- Rosenthal Human Service Award and f mental Affairs. the Project Zero Partner of the Year EC–7398. A communication from the Chief, Family Independence Agency of Gen- EXECUTIVE AND OTHER Regulations Branch, U.S. Customs Service, esee County Award. I know my Senate COMMUNICATIONS Department of the Treasury, transmitting, colleagues join me in congratulating The following communications were pursuant to law, the report of a rule entitled Mission of Peace Housing Counseling laid before the Senate, together with ‘‘Extension of Import Restrictions Imposed on Archaeological and Ethnological Mate- Agency on the work that they have accompanying papers, reports, and doc- rials from Peru’’ (RIN1515–AD12) received on done, and in wishing them well in the uments, which were referred as indi- June 4, 2002; to the Committee on Finance. years to come.∑ cated: EC–7399. A communication from the Chief, f EC–7387. A communication from the Sec- Regulations Branch, U.S. Customs Service, retary of Commerce, transmitting, pursuant Department of the Treasury, transmitting, MESSAGES FROM THE PRESIDENT to law, the annual report of the Visiting pursuant to law, the report of a rule entitled Committee on Advanced Technology of the ‘‘Civil Aircraft’’ (RIN1515–AC59) received on Messages from the President of the June 4, 2002; to the Committee on Finance. United States were communicated to National Institution of Standards and Tech- nology (NIST) for 2001; to the Committee on EC–7400. A communication from the Chief the Senate by Ms. Evans, one of his Commerce, Science, and Transportation. of the Regulations Unit, Internal Revenue secretaries. EC–7388. A communication from the Gen- Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule f eral Counsel, Executive Office for Immigra- tion Review, Department of Justice, trans- entitled ‘‘Weighted Average Interest Rate Update Notice’’ (Notice 2002–38) received on EXECUTIVE MESSAGES REFERRED mitting, pursuant to law, the report of a rule June 5, 2002; to the Committee on Finance. entitled ‘‘Protective Orders in Immigration As in executive session the Presiding EC–7401. A communication from the Chief, Officer laid before the Senate messages Administrative Proceedings’’ (RIN1125–AA38) Regulations Unit, Internal Revenue Service, from the President of the United received on June 5, 2002; to the Committee Department of the Treasury, transmitting, on the Judiciary. States submitting sundry nominations pursuant to law, the report of a rule entitled EC–7389. A communication from the Direc- ‘‘Revenue Procedure for GUST Non- which were referred to the appropriate tor, Policy Directives and Instructions committees Amenders’’ (Rev. Proc. 2002–35) received on Branch, Immigration and Naturalization June 5, 2002; to the Committee on Finance. (The nominations received today are Service, Department of Justice, transmit- EC–7402. A communication from the Chair- printed at the end of the Senate pro- ting, pursuant to law, the report of a rule en- man of the Medicare Payment Advisory ceedings.) titled ‘‘Adjustment of Status under Legal Commission, transmitting, pursuant to law, Immigration Family Equity (LIFE) Act Le- f a report relative to paying for outpatient galization Provisions and LIFE Act Amend- services in cancer hospitals dated November REPORT ON THE PARTICIPATION ments Family Unity Provisions’’ (RIN1115– 2001; to the Committee on Finance. OF THE UNITED STATES IN THE AG06) received on June 6, 2002; to the Com- EC–7403. A communication from the Chair- mittee on the Judiciary. UNITED NATIONS AND ITS AF- man of the Medicare Payment Advisory EC–7390. A communication from the Assist- Commission, transmitting, pursuant to law, FILIATED AGENCIES DURING ant Secretary of Legislative Affairs, Depart- a report relative to reducing Medicare com- CALENDAR YEAR 2000—PM 91 ment of State, transmitting, pursuant to the plexity and regulatory burden, a report con- The PRESIDING OFFICER laid be- Arms Export Control Act, the report of a cerning blood safety in hospitals and Medi- fore the Senate the following message proposed license for the export of defense ar- care inpatient payment, and a report con- ticles to India; to the Committee on Foreign from the President of the United cerning paying for interventional pain serv- Relations. ices in ambulatory settings dated December States, together with an accompanying EC–7391. A communication from the Assist- 2001; to the Committee on Finance. report; which was referred to the Com- ant Secretary of Legislative Affairs, Depart- EC–7404. A communication from the Office mittee on Foreign Relations: ment of State, transmitting, pursuant to the of Congressional Affairs, Office of the Execu- Arms Export Control Act, the report of a To the Congress of the United States: tive Director for Operations, Nuclear Regu- certification of a proposed license for the ex- latory Commission, transmitting, pursuant I am pleased to transmit herewith port of defense articles to India; to the Com- to law, the report of a rule entitled ‘‘Enhanc- the final version of a report, prepared mittee on Foreign Relations. ing Public Participation in NRC Meetings; by my Administration, on the partici- EC–7392. A communication from the Assist- Policy Statement’’ received on June 4, 2002; pation of the United States in the ant Secretary of Legislative Affairs, Depart- to the Committee on Environment and Pub- United Nations and its affiliated agen- ment of State, transmitting, pursuant to the lic Works. cies during the calendar year 2000. The Arms Export Control Act, the report of a EC–7405. A communication from the Prin- report is submitted pursuant to the certification of a proposed license for the ex- cipal Deputy Associate Administrator of the port of defense articles to India; to the Com- Environmental Protection Agency, transmit- United Nations Participation Act (Pub- mittee on Foreign Relations. ting, pursuant to law, the report of a rule en- lic Law 264, 79th Congress) (22 U.S.C. EC–7393. A communication from the Assist- titled ‘‘Approval and Promulgation of Air 287b). ant Secretary of Legislative Affairs, Depart- Quality Implementation Plans; Maryland; GEORGE BUSH. ment of State, transmitting, pursuant to the Visible Emissions and Open Fire Amend- THE WHITE HOUSE, June 11, 2002. Arms Export Control Act, the report of a ments’’ (FRL7220–1) received on June 6, 2002;

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5364 CONGRESSIONAL RECORD — SENATE June 11, 2002 to the Committee on Environment and Pub- EC–7415. A communication from the Sec- EC–7426. A communication from the Prin- lic Works. retary of Agriculture, transmitting, pursu- cipal Deputy Associate Administrator of the EC–7406. A communication from the Prin- ant to law, the report of the Office of the In- Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the spector General for the period October 1, 2001 ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- through March 31, 2002; to the Committee on titled ‘‘National Emission Standards for Haz- ting, pursuant to law, the report of a rule en- Governmental Affairs. ardous Air Pollutants for Secondary Alu- titled ‘‘Approval and Promulgation of Air EC–7416. A communication from the Gen- minum Production’’ (FRL7225–6) received on Quality Implementation Plans; Pennsyl- eral Counsel, Federal Emergency Manage- June 10, 2002; to the Committee on Environ- vania; Motor Vehicle Inspection and Mainte- ment Agency, transmitting, pursuant to law, ment and Public Works. nance Program—Request for Delay in the In- the report of a rule entitled ‘‘Changes in EC–7427. A communication from the Prin- corporation of On-Board Diagnostics Test- Flood Elevation Determination’’ (Doc. No. cipal Deputy Associate Administrator of the ing’’ (FRL7224–8) received on June 6, 2002; to FEMA–B–7428) received on June 6, 2002; to Environmental Protection Agency, transmit- the Committee on Environment and Public the Committee on Banking, Housing, and ting, pursuant to law, the report of a rule en- Works. Urban Affairs. titled ‘‘National Emission Standards for Haz- EC–7407. A communication from the Prin- EC–7417. A communication from the Comp- ardous Air Pollutants from Phosphoric Acid cipal Deputy Associate Administrator of the troller of the Currency, Administrator of Na- Manufacturing Plants and Phosphate Fer- Environmental Protection Agency, transmit- tional Banks, transmitting, pursuant to law, tilizers Production Plants’’ (FRL7229–5) re- ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Prohibition ceived on June 10, 2002; to the Committee on titled ‘‘Approval and Promulgation of Air Against Use of Interstate Branches Pri- Environment and Public Works. Quality Implementation Plans; Pennsyl- marily for Deposit Production’’ (12 CFR Part EC–7428. A communication from the Prin- vania; Revisions to the Air Resource Regula- 25) received on June 7, 2002; to the Com- cipal Deputy Associate Administrator of the tions’’ (FRL7211–7) received on June 6, 2002; mittee on Banking, Housing, and Urban Af- Environmental Protection Agency, transmit- to the Committee on Environment and Pub- fairs. ting, pursuant to law, the report of a rule en- lic Works. EC–7418. A communication from the Assist- titled ‘‘Nevada: Final Authorization of State EC–7408. A communication from the Prin- ant Secretary for Housing, Federal Housing Hazardous Waste Management Program Re- cipal Deputy Associate Administrator of the Commissioner, Department of Housing and visions’’ (FRL7228–1) received on June 10, Environmental Protection Agency, transmit- Urban Affairs, transmitting, pursuant to 2002; to the Committee on Environment and ting, pursuant to law, the report of a rule en- law, the final report on Portfolio Re- Public Works. titled ‘‘Approval and Promulgation of State engineering Demonstration Program EC–7429. A communication from the Ad- Plans for Designated Facilities and Pollut- (PReDemo) dated December 2001; to the Com- ministrator of the Agency for International ants: Marine; Negative Declaration’’ mittee on Banking, Housing, and Urban Af- Development, transmitting, pursuant to law, (FRL7227–1) received on June 6, 2002; to the fairs. a report relative to Development Assistance Committee on Environment and Public EC–7419. A communication from the Presi- and Child Survival and Health Programs Al- Works. dent of the Perkins County Rural Water Sys- locations for Fiscal Year 2002; to the Com- EC–7409. A communication from the Prin- tem, Inc., transmitting, pursuant to law, the cipal Deputy Associate Administrator of the mittee on Foreign Relations. Final Engineering Report; to the Committee EC–7430. A communication from the Assist- Environmental Protection Agency, transmit- on Energy and Natural Resources. ant Legal Adviser for Treaty Affairs, Depart- ting, pursuant to law, the report of a rule en- EC–7420. A communication from the Prin- ment of State, transmitting, pursuant to titled ‘‘Approval and Promulgation of an Air cipal Deputy Associate Administrator of the law, the report of the texts and background Quality Implementation Plan Revision; Environmental Protection Agency, transmit- statements of international agreements, South Dakota; Rapid City Street Sanding ting, pursuant to law, the report of a rule en- Regulations to Protect the National Ambi- other than treaties; to the Committee on titled ‘‘Triflusulfuron Methyl; Pesticide Tol- ent Air Quality Standards for PM–10’’ Foreign Relations. erance’’ (FRL7180–8) received on June 6, 2002; EC–7431. A communication from the Regu- (FRL7216–1) received on June 6, 2002; to the to the Committee on Agriculture, Nutrition, lations Officer, Social Security Administra- Committee on Environment and Public and Forestry. tion, transmitting, pursuant to law, the re- Works. EC–7410. A communication from the Prin- EC–7421. A communication from the Prin- port of a rule entitled ‘‘Technical Revisions cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the to Medical Criteria for Determinations of Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Disability’’ (RIN0960–AE99) received on May ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- 8, 2002; to the Committee on Finance. titled ‘‘Consolidated Emissions Reporting’’ titled ‘‘Carboxin; Pesticide Tolerance’’ EC–7432. A communication from the Chief (FRL7223–8) received on June 6, 2002; to the (FRL7180–6) received on June 10, 2002; to the of the Regulations Unit, Internal Revenue Committee on Environment and Public Committee on Agriculture, Nutrition, and Service, Department of the Treasury, trans- Works. Forestry. mitting, pursuant to law, the report of a rule EC–7411. A communication from the Prin- EC–7422. A communication from the Prin- entitled ‘‘Announcement 2002–34’’ (NOT– cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the 113496–02) received on June 6, 2002; to the Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Committee on Finance. ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- EC–7433. A communication from the Chief titled ‘‘Municipal Solid Waste Landfill Loca- titled ‘‘Carfentrazone-ethyl; Pesticide Toler- of the Regulations Unit, Internal Revenue tion Restrictions for Airport Safety’’ ances for Emergency Exemptions’’ (FRL7178– Service, Department of the Treasury, trans- (FRL7227–9) received on June 6, 2002; to the 1) received on June 10, 2002; to the Com- mitting, pursuant to law, the report of a rule Committee on Environment and Public mittee on Agriculture, Nutrition, and For- entitled ‘‘Replacement Cost for Automobile Works. estry. Dealers’’ (Rev. Proc. 2002–17) received on EC–7412. A communication from the Prin- EC–7423. A communication from the Prin- June 6, 2002; to the Committee on Finance. cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the EC–7434. A communication from the Chief Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- of the Regulations Unit, Internal Revenue ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Service, Department of the Treasury, trans- titled ‘‘Revisions to the California State Im- titled ‘‘Spinosad; Time-Limited Pesticide mitting, pursuant to law, the report of a rule plementation Plan, Great Basin Unified Air Tolerance’’ (FRL7182–1) received on June 10, entitled ‘‘Rev. Proc. 2002–20’’ received on Pollution Control District and South Coast 2002; to the Committee on Agriculture, Nu- June 6, 2002; to the Committee on Finance. Air Quality Management District’’ trition, and Forestry. EC–7435. A communication from the Chief (FRL7224–1) received on June 6, 2002; to the EC–7424. A communication from the Prin- of the Regulations Unit, Internal Revenue Committee on Environment and Public cipal Deputy Associate Administrator of the Service, Department of the Treasury, trans- Works. Environmental Protection Agency, transmit- mitting, pursuant to law, the report of a rule EC–7413. A communication from the Prin- ting, pursuant to law, the report of a rule en- entitled ‘‘Procedures for Service-imposed cipal Deputy Associate Administrator of the titled ‘‘Triflumozole; Pesticide Tolerance’’ Changes in Methods of Accounting’’ (Rev. Environmental Protection Agency, transmit- (FRL7180–5) received on June 10, 2002; to the Proc. 2002–18) received on June 6, 2002; to the ting, pursuant to law, the report of a rule en- Committee on Agriculture, Nutrition, and Committee on Finance. titled ‘‘Underground Injection Control Pro- Forestry. EC–7436. A communication from the Chief gram-Notice of Final Determination of Class EC–7425. A communication from the Prin- of the Regulations Unit, Internal Revenue V Wells’’ (FRL7225–8) received on June 6, cipal Deputy Associate Administrator of the Service, Department of the Treasury, trans- 2002; to the Committee on Environment and Environmental Protection Agency, transmit- mitting, pursuant to law, the report of a rule Public Works. ting, pursuant to law, the report of a rule en- entitled ‘‘Revenue Ruling 2002–33’’ received EC–7414. A communication from the Assist- titled ‘‘National Emission Standards for Haz- on June 7, 2002; to the Committee on Fi- ant Secretary of Defense, Force Management ardous Air Pollutants from Phosphoric Acid nance. Policy, transmitting, pursuant to law, the Manufacturing Plants and Phosphate Fer- EC–7437. A communication from the Chief report of a notice of a proposed demonstra- tilizers Production Plants’’ (FRL7229–4) re- of the Regulations Unit, Internal Revenue tion project; to the Committee on Armed ceived on June 10, 2002; to the Committee on Service, Department of the Treasury, trans- Services. Environment and Public Works. mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5365 entitled ‘‘Medicare Program; Modifications Department of Transportation, transmitting, United States Coast Guard, Department of to Managed Care Rules Based on Provisions pursuant to law, the report of a rule entitled Transportation, transmitting, pursuant to of the Medicare, Medicaid, and SCHIP Bene- ‘‘Reinvention of Regulations Addressing Dis- law, the report of a rule entitled ‘‘Regatta fits Improvement and Protection Act of 2000, continuance or Modification of Signal Sys- Regulations; Chesapeake Bay Near Annap- and Technical Corrections’’ (RIN0938–AK90) tems’’ (RIN2130–AB05) received on June 7, olis, MD’’ ((RIN2115–AE46)(2002–0013)) re- received on June 6, 2002; to the Committee 2002; to the Committee on Commerce, ceived on June 7, 2002; to the Committee on on Finance. Science, and Transportation. Commerce, Science, and Transportation. EC–7438. A communication from the Direc- EC–7447. A communication from the Regu- EC–7456. A communication from Chief of tor, Regulations Policy and Management lations Officer, Federal Motor Carrier Safety the Regulations and Administrative Law, Staff, Food and Drug Administration, De- Administration, Department of Transpor- United States Coast Guard, Department of partment of Health and Human Services, tation, transmitting, pursuant to law, the re- Transportation, transmitting, pursuant to transmitting, pursuant to law, the report of port of a rule entitled ‘‘Grade Crossing Sig- law, the report of a rule entitled ‘‘Draw- a rule entitled ‘‘Food Labeling; Nutrient nal System Safety’’ (RIN2130–AA97) received bridge Regulations; Mississippi River, Iowa Content Claims, Definition of Sodium Levels on June 7, 2002; to the Committee on Com- and Illinois’’ ((RIN2115–AE47)(2002–0052)) re- for the Term ‘‘Healthy’’; Extension of Par- merce, Science, and Transportation. ceived on June 7, 2002; to the Committee on tial Stay’’ (RIN0910–AA19) received on June EC–7448. A communication from the Trial Commerce, Science, and Transportation. 6, 2002; to the Committee on Health, Edu- Attorney, Federal Railroad Administration, EC–7457. A communication from Chief of cation, Labor, and Pensions. Department of Transportation, transmitting, the Regulations and Administrative Law, EC–7439. A communication from the Direc- pursuant to law, the report of a rule entitled United States Coast Guard, Department of tor, Regulations Policy and Management ‘‘Control of Alcohol and Drug Use: Changes Transportation, transmitting, pursuant to Staff, Food and Drug Administration, De- to Conform to New DOT Transportation law, the report of a rule entitled ‘‘Draw- partment of Health and Human Services, Workplace Testing Procedures’’ (RIN2130– bridge Regulations; Mississippi River, Iowa transmitting, pursuant to law, the report of AB43) received on June 7, 2002; to the Com- and Illinois’’ ((RIN2115–AE47)(2002–0053)) re- a rule entitled ‘‘Orthopedic Devices: Reclas- mittee on Commerce, Science, and Transpor- ceived on June 7, 2002; to the Committee on sification of the Hip Joint Metal/Polymer tation. Commerce, Science, and Transportation. Constrained Cemented or Uncemented Pros- EC–7449. A communication from the Chief EC–7458. A communication from Chief of thesis’’ (Doc. No. 99P–1864) received on June of Regulations and Administrative Law, the Regulations and Administrative Law, 6, 2002; to the Committee on Health, Edu- United States Coast Guard, Department of United States Coast Guard, Department of cation, Labor, and Pensions. Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to EC–7440. A communication from the Direc- law, the report of a rule entitled ‘‘Draw- law, the report of a rule entitled ‘‘Protection tor, Regulations Policy and Management bridge Regulations; Back River, ME’’ of Naval Vessels (LANT AREA–01–001 and Staff, Food and Drug Administration, De- ((RIN2115–AE47)(2002–0054)) received on June PAC AREA–01–001’’ (RIN2115–AG23) received partment of Health and Human Services, 7, 2002; to the Committee on Commerce, on June 7, 2002; to the Committee on Com- transmitting, pursuant to law, the report of Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Medical Devices; Ear, Nose, EC–7450. A communication from the Chief EC–7459. A communication from Chief of and Throat Devices; Reclassification of the of Regulations and Administrative Law, the Regulations and Administrative Law, Endolymphatic Shunt Tube with Valve’’ United States Coast Guard, Department of United States Coast Guard, Department of (Doc. No. 97P–0210) received on June 6, 2002; Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to to the Committee on Health, Education, law, the report of a rule entitled ‘‘Safety/Se- law, the report of a rule entitled ‘‘Protection Labor, and Pensions. curity Zone Regulations; Operation Native EC–7441. A communication from the Dep- of Naval Vessels (LANT AREA–01–001 and Atlas 2002, Waters Adjacent to Camp Pen- uty Assistant Administrator for Regulatory PAC AREA–01–001’’ (RIN2115–AG23) received dleton, California’’ ((RIN2115–AA97)(2002– Programs, National Marine Fisheries Serv- on June 7, 2002; to the Committee on Com- 0083)) received on June 7, 2002; to the Com- ice, Department of Commerce, transmitting, merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled EC–7460. A communication from Chief of ‘‘Interim Final Rule to Implement Restric- tation. the Regulations and Administrative Law, EC–7451. A communication from the Chief tions under the Northeast Multispecies Fish- United States Coast Guard, Department of of Regulations and Administrative Law, ery Management Plan’’ (RIN0648–AP78) re- Transportation, transmitting, pursuant to United States Coast Guard, Department of ceived on June 6, 2002; to the Committee on law, the report of a rule entitled ‘‘Discharge Transportation, transmitting, pursuant to Commerce, Science, and Transportation. of Effluents in Certain Alaskan Waters by EC–7442. A communication from the Regu- law, the report of a rule entitled ‘‘Draw- Cruise Vessel Operations’’ (RIN2115–AG12) relations Officer, Federal Motor Carrier Safety bridge Regulations: Gulf Intracoastal Water- ceived on June 7, 2002; to the Committee on Administration, Department of Transpor- way, Boca Grande, Charlotte County, Flor- Commerce, Science, and Transportation. tation, transmitting, pursuant to law, the re- ida’’ ((RIN2115–AE47)(2002–0055)) received on EC–7461. A communication from Chief of port of a rule entitled ‘‘Parts and Acces- June 7, 2002; to the Committee on Commerce, the Regulations and Administrative Law, sories Necessary for Safe Operation; Trailer Science, and Transportation. United States Coast Guard, Department of Conspicuity; Final Rule; Partial Suspension EC–7452. A communication from Chief of Transportation, transmitting, pursuant to of Deadline’’ (Doc. No. FMCSA–1997–2222) re- the Regulations and Administrative Law, law, the report of a rule entitled ‘‘Regatta ceived on June 7, 2002; to the Committee on United States Coast Guard, Department of Regulations (including 10 regulations)’’ Commerce, Science, and Transportation. Transportation, transmitting, pursuant to ((RIN2115–AE46)(2002–0014)) received on June EC–7443. A communication from the Regu- law, the report of a rule entitled ‘‘Safety/Se- 7, 2002; to the Committee on Commerce, lations Officer, Federal Motor Carrier Safety curity Zone Regulations; Liquid Natural Gas Science, and Transportation. Administration, Department of Transpor- Carrier Transits and Anchorage Operations, EC–7462. A communication from Chief of tation, transmitting, pursuant to law, the re- Boston Marine Inspection Zone and Captain the Regulations and Administrative Law, port of a rule entitled ‘‘Parts and Acces- of the Port Zone’’ ((RIN2115–AA97)(2002–0085)) United States Coast Guard, Department of sories Necessary for Safe Operation; Manu- received on June 7, 2002; to the Committee Transportation, transmitting, pursuant to factured Home Tires; Final Rule; Denial of on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Safety/Se- Petitions for Rulemaking and for Extension EC–7453. A communication from Chief of curity Zone Regulations (including 197 regu- of Deadline’’ (Doc. No. FMCSA–97–2341) re- the Regulations and Administrative Law, lations)’’ ((RIN2115–AA97)(2002–0086)) received ceived on June 7, 2002; to the Committee on United States Coast Guard, Department of on June 7, 2002; to the Committee on Com- Commerce, Science, and Transportation. Transportation, transmitting, pursuant to merce, Science, and Transportation. EC–7444. A communication from the Trial law, the report of a rule entitled ‘‘Regulated f Attorney, Federal Railroad Administration, Navigation Areas; Chesapeake Bay Entrance Department of Transportation, transmitting, and Hampton Roads, VA and Adjacent REPORTS OF COMMITTEES Waters’’ ((RIN2115–AE84)(2002–0008)) received pursuant to law, the report of a rule entitled The following reports of committees ‘‘Signal and Train Control: Miscellaneous on June 7, 2002; to the Committee on Com- Amendments’’ (RIN2130–AB06) received on merce, Science, and Transportation. were submitted: June 7, 2002; to the Committee on Commerce, EC–7454. A communication from Chief of By Mr. LIEBERMAN, from the Committee Science, and Transportation. the Regulations and Administrative Law, on Governmental Affairs, without amend- EC–7445. A communication from the Trial United States Coast Guard, Department of ment: Attorney, Federal Railroad Administration, Transportation, transmitting, pursuant to H.R. 577: A bill to amend title 44, United Department of Transportation, transmitting, law, the report of a rule entitled ‘‘Safety/Se- States Code, to require any organization pursuant to law, the report of a rule entitled curity Zone Regulations; Calvert Cliffs Nu- that is established for the purpose of raising ‘‘Railroad Workplace Safety’’ (RIN2130– clear Power Plant, Chesapeake Bay, Calvert funds for creating, maintaining, expanding, AA48) received on June 7, 2002; to the Com- County, MD’’ ((RIN2115–AA97)(2002–0084)) re- or conducting activities at a Presidential ar- mittee on Commerce, Science, and Transpor- ceived on June 7, 2002; to the Committee on chival depository or any facilities relating to tation. Commerce, Science, and Transportation. a Presidential archival depository to disclose EC–7446. A communication from the Trial EC–7455. A communication from Chief of the sources and amounts of any funds raised, Attorney, Federal Railroad Administration, the Regulations and Administrative Law, and for other purposes. (Rept. No. 107–160).

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5366 CONGRESSIONAL RECORD — SENATE June 11, 2002 By Mr. HOLLINGS, from the Committee tions to DSH allotments provided S. 1152 on Commerce, Science, and Transportation, under the Medicare, Medicaid, and At the request of Mr. DURBIN, the with an amendment in the nature of a sub- SCHIP Benefits Improvement and Pro- name of the Senator from New York stitute: tection Act of 2000. (Mrs. CLINTON) was added as a cospon- S. 2039: A bill to expand aviation capacity in the Chicago area. (Rept. No. 107–161). S. 701 sor of S. 1152, a bill to ensure that the business of the Federal Government is f At the request of Mr. BAUCUS, the name of the Senator from Iowa (Mr. conducted in the public interest and in INTRODUCTION OF BILLS AND GRASSLEY) was added as a cosponsor of a manner that provides for public ac- JOINT RESOLUTIONS S. 701, a bill to amend the Internal countability, efficient delivery of serv- The following bills and joint resolu- Revenue Code of 1986 to provide special ices, reasonable cost savings, and pre- tions were introduced, read the first rules for the charitable deduction for vention of unwarranted Government and second times by unanimous con- conservation contributions of land by expenses, and for other purposes. sent, and referred as indicated: eligible farmers and ranchers, and for S. 1204 By Mr. BINGAMAN: other purposes. At the request of Mr. DURBIN, the S. 2607. A bill to authorize the Secretary of S. 905 name of the Senator from New Jersey the Interior and the Secretary of Agriculture At the request of Mr. HARKIN, the (Mr. CORZINE) was added as a cosponsor to collect recreation fees on Federal lands, names of the Senator from New Jersey of S. 1204, a bill to amend title XVIII of and for other purposes; to the Committee on the Social Security Act to provide ade- Energy and Natural Resources. (Mr. TORRICELLI) and the Senator from By Mr. HOLLINGS (for himself, Mr. Connecticut (Mr. DODD) were added as quate coverage for immunosuppressive GREGG, Mr. KERRY, Ms . SNOWE, Mr. cosponsors of S. 905, a bill to provide drugs furnished to beneficiaries under INOUYE, Mr. REED, Mr. BREAUX, Mr. incentives for school construction, and the medicare program that have re- CLELAND, Mr. DEWINE, Mr. SARBANES, for other purposes. ceived an organ transplant. Mr. BIDEN, Mr. KENNEDY, Ms. MIKUL- S. 913 S. 1339 SKI, Mr. COCHRAN, Mr. TORRICELLI, At the request of Mr. CAMPBELL, the Mrs. MURRAY, Ms. LANDRIEU, Mr. At the request of Ms. SNOWE, the name of the Senator from Illinois (Mr. CORZINE, and Mr. LIEBERMAN): name of the Senator from Montana S. 2608. A bill to amend the Coastal Zone (Mr. BURNS) was added as a cosponsor FITZGERALD) was added as a cosponsor Management Act of 1972 to authorize the ac- of S. 913, a bill to amend title XVIII of of S. 1339, a bill to amend the Bring quisition of coastal areas in order better to the Social Security Act to provide for Them Home Alive Act of 2000 to pro- ensure their protection from conversion or coverage under the medicare program vide an asylum program with regard to development; to the Committee on Com- of all oral anticancer drugs. American Persian Gulf War POW/MIAs, merce, Science, and Transportation. and for other purposes. By Mr. LEAHY (for himself and Mr. S. 917 S. 1383 SCHUMER): At the request of Ms. COLLINS, the S. 2609. A bill to require the Federal Trade names of the Senator from Virginia At the request of Mrs. CLINTON, the Commission to promulgate a rule to estab- (Mr. WARNER), the Senator from Ohio name of the Senator from Texas (Mrs. lish requirements with respect to the release (Mr. DEWINE), and the Senator from HUTCHISON) was added as a cosponsor of of prescriptions for contact lenses; to the New York (Mr. SCHUMER) were added as S. 1383, a bill to amend the Internal Committee on Commerce, Science, and cosponsors of S. 917, a bill to amend the Revenue Code of 1986 to clarify the Transportation. treatment of incentive stock options By Mr. WELLSTONE (for himself and Internal Revenue Code of 1986 to ex- Mr. CORZINE): clude from gross income amounts re- and employee stock purchases. S. 2610. A bill to amend part A of title IV ceived on account of claims based on S. 1394 of the Social Security Act to include efforts certain unlawful discrimination and to At the request of Mr. ENSIGN, the to address barriers to employment as a work allow income averaging for backpay name of the Senator from West Vir- activity under the temporary assistance to and frontpay awards received on ac- ginia (Mr. ROCKEFELLER) was added as needy families program, and for other pur- count of such claims, and for other pur- a cosponsor of S. 1394, a bill to amend poses; to the Committee on Finance. By Mr. REED (for himself, Mr. KEN- poses. title XVIII of the Social Security Act NEDY, Ms. COLLINS, Mr. JEFFORDS, S. 999 to repeal the medicare outpatient reha- Mr. FRIST, Mr. COCHRAN, Mr. LEVIN, At the request of Mr. BINGAMAN, the bilitation therapy caps. Mr. CHAFEE, Ms. LANDRIEU, Mr. DAY- name of the Senator from Minnesota S. 1395 TON, and Mr. WELLSTONE): (Mr. WELLSTONE) was added as a co- At the request of Mr. ENSIGN, the S. 2611. A bill to reauthorize the Museum sponsor of S. 999, a bill to amend title name of the Senator from Louisiana and Library Services Act, and for other purposes; to the Committee on Health, Edu- 10, United States Code, to provide for a (Ms. LANDRIEU) was added as a cospon- cation, Labor, and Pensions. Korea Defense Service Medal to be sor of S. 1395, a bill to amend title By Mr. REID (for himself and Mr. EN- issued to members of the Armed Forces XVIII of the Social Security Act to SIGN): who participated in operations in make a technical correction in the def- S. 2612. A bill to establish wilderness areas, Korea after the end of the Korean War. inition of outpatient speech-language promote conservation, improve public land, S. 1022 pathology services. and provide for high quality development in S. 1707 Clark County, Nevada, and for other pur- At the request of Mr. WARNER, the poses; to the Committee on Energy and Nat- names of the Senator from Oregon (Mr. At the request of Mr. JEFFORDS, the ural Resources. SMITH) and the Senator from Min- name of the Senator from Delaware f nesota (Mr. WELLSTONE) were added as (Mr. CARPER) was added as a cosponsor cosponsors of S. 1022, a bill to amend of S. 1707, a bill to amend title XVIII of ADDITIONAL COSPONSORS the Internal Revenue Code of 1986 to the Social Security Act to specify the S. 471 allow Federal civilian and military re- update for payments under the medi- At the request of Mr. HARKIN, the tirees to pay health insurance pre- care physician fee schedule for 2002 and name of the Senator from New Jersey miums on a pretax basis and to allow a to direct the Medicare Payment Advi- (Mr. TORRICELLI) was added as a co- deduction for TRICARE supplemental sory Commission to conduct a study on sponsor of S. 471, a bill to amend the premiums. replacing the use of the sustainable Elementary and Secondary Education S. 1140 growth rate as a factor in determining Act of 1965 to provide grants for the At the request of Mr. HATCH, the such update in subsequent years. renovation of schools. name of the Senator from Alaska (Mr. S. 1785 S. 572 STEVENS) was added as a cosponsor of At the request of Mr. CLELAND, the At the request of Mr. CHAFEE, the S. 1140, a bill to amend chapter 1 of names of the Senator from North Caro- name of the Senator from Virginia (Mr. title 9, United States Code, to provide lina (Mr. EDWARDS), the Senator from WARNER) was added as a cosponsor of S. for greater fairness in the arbitration Louisiana (Mr. BREAUX), the Senator 572, a bill to amend title XIX of the So- process relating to motor vehicle fran- from Washington (Ms. CANTWELL), the cial Security Act to extend modifica- chise contracts. Senator from South Dakota (Mr.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5367 DASCHLE), and the Senator from Vir- WYDEN) was added as a cosponsor of S. S. 2607. A bill to authorize the Sec- ginia (Mr. ALLEN) were added as co- 2317, a bill to provide for fire safety retary of the Interior and the Sec- sponsors of S. 1785, a bill to urge the standards for cigarettes, and for other retary of Agriculture to collect recre- President to establish the White House purposes. ation fees on Federal lands, and for Commission on National Military Ap- S. 2386 other purposes; to the Committee on preciation Month, and for other pur- At the request of Mrs. LINCOLN, the Energy and Natural Resources. poses. name of the Senator from Hawaii (Mr. Mr. BINGAMAN. Mr. President, S. 1867 INOUYE) was added as a cosponsor of S. today I am introducing legislation to At the request of Mr. LIEBERMAN, the 2386, a bill to amend title XVIII of the authorize the Federal land manage- name of the Senator from Connecticut Social Security Act to authorize phys- ment agencies, the National Park Serv- (Mr. DODD) was added as a cosponsor of ical therapists to diagnose, evaluate, ice, U.S. Fish and Wildlife Service, Bu- S. 1867, a bill to establish the National and treat medicare beneficiaries with- reau of Land Management and Forest Commission on Terrorist Attacks Upon out a requirement for a physician re- Service, to collect visitor recreation the United States, and for other pur- ferral, and for other purposes. fees, and to use the proceeds from the fees to continue to fund high priority poses. S. 2426 resource protection and maintenance S. 2006 At the request of Mr. SCHUMER, the backlog needs. At the request of Mr. GRAHAM, the names of the Senator from New Jersey Following enactment of the Recre- names of the Senator from Nevada (Mr. (Mr. CORZINE) and the Senator from ation Fee Demonstration Program in ENSIGN) and the Senator from Arkan- New York (Mrs. CLINTON) were added as 1996, the Federal agencies have been sas (Mr. HUTCHINSON) were added as co- cosponsors of S. 2426, a bill to increase authorized to experiment with various sponsors of S. 2006, a bill to amend the security for United States ports, and fee collection proposals. That program Internal Revenue Code of 1986 to clarify for other purposes. also authorized the Federal agencies, the eligibility of certain expenses for S. 2490 for the first time, to retain all of the the low-income housing credit. At the request of Mr. TORRICELLI, the fee revenues and to use those funds, S. 2119 name of the Senator from Virginia (Mr. without the need for further appropria- At the request of Mr. WELLSTONE, his WARNER) was added as a cosponsor of S. tion, on maintenance backlog and name was added as a cosponsor of S. 2490, a bill to amend title XVIII of the other funding needs. 2119, a bill to amend the Internal Rev- Social Security Act to ensure the qual- The Recreation Fee Demonstration enue Code of 1986 to provide for the tax ity of, and access to, skilled nursing fa- Program has been extended each year, treatment of inverted corporate enti- cility services under the medicare pro- most recently through September 30, ties and of transactions with such enti- gram. 2004. For the most part, the fee dem- ties, and for other purposes. S. 2520 onstration program has been very suc- S. 2194 At the request of Mr. HATCH, the cessful. However, unlike the previous At the request of Mr. MCCONNELL, name of the Senator from Iowa (Mr. fee authority in the Land and Water the name of the Senator from Okla- GRASSLEY) was added as a cosponsor of Conservation Fund Act, the fee dem- homa (Mr. INHOFE) was added as a co- S. 2520, a bill to amend title 18, United onstration program contained no guid- sponsor of S. 2194, a bill to hold ac- States Code, with respect to the sexual ance to the agencies or limitations on countable the Palestine Liberation Or- exploitation of children. the types of fees that could be col- ganization and the Palestinian Author- S. 2558 lected. As a result, the program has ity, and for other purposes. At the request of Mr. REED, the generated some controversy, especially S. 2215 names of the Senator from New Jersey with respect to certain Forest Service At the request of Mr. SANTORUM, the (Mr. CORZINE) and the Senator from Or- and Bureau of Land Management lands name of the Senator from Oklahoma egon (Mr. SMITH) were added as cospon- where fees had not historically been (Mr. INHOFE) was added as a cosponsor sors of S. 2558, a bill to amend the Pub- charged. of S. 2215, a bill to halt Syrian support lic Health Service Act to provide for The bill I am introducing today for terrorism, end its occupation of the collection of data on benign brain- builds upon the positive results from Lebanon, stop its development of weap- related tumors through the national the Recreation Fee Demonstration ons of mass destruction, cease its ille- program of cancer registries. Program, while including new criteria to ensure that fees are not imposed in- gal importation of Iraqi oil, and by so S. 2560 appropriately. The bill provides the doing hold Syria accountable for its At the request of Mr. ALLARD, the role in the Middle East, and for other Secretary of the Interior and the Sec- name of the Senator from Montana retary of Agriculture with considerable purposes. (Mr. BURNS) was added as a cosponsor At the request of Mrs. BOXER, the discretion to administer the program of S. 2560, a bill to provide for a multi- while ensuring that recreational access name of the Senator from South Da- agency cooperative effort to encourage kota (Mr. JOHNSON) was added as a co- to Federal lands remains available to further research regarding the causes all Americans. Most importantly, the sponsor of S. 2215, supra. of chronic wasting disease and methods S. 2233 bill maintains the existing require- to control the further spread of the dis- ment that a majority of the fees be re- At the request of Mr. THOMAS, the ease in deer and elk herds, to monitor name of the Senator from Oregon (Mr. tained for expenditure at the site the incidence of the disease, to support where collected. SMITH) was added as a cosponsor of S. State efforts to control the disease, 2233, a bill to amend title XVIII of the I believe there is strong support for and for other purposes. enacting permanent fee authority. The Social Security Act to establish a S. 2577 medicare subvention demonstration Committee on Energy and Natural Re- At the request of Mr. FITZGERALD, project for veterans. sources will hold a hearing on this bill the name of the Senator from Oregon on June 19, and I hope it will be ready S. 2246 (Mr. SMITH) was added as a cosponsor for consideration by the full Senate in At the request of Mr. DODD, the name of S. 2577, a bill to repeal the sunset of the near future. of the Senator from Rhode Island (Mr. the Economic Growth and Tax Relief I ask unanimous consent that the CHAFEE) was added as a cosponsor of S. Reconciliation Act of 2001 with respect text of the bill be printed in the 2246, a bill to improve access to printed to the exclusion from Federal income RECORD. instructional materials used by blind tax for restitution received by victims There being no objection, the bill was or other persons with print disabilities of the Nazi Regime. ordered to be printed in the RECORD, as in elementary and secondary schools, f follows: and for other purposes. S. 2607 S. 2317 STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS Be it enacted in the Senate and House of Rep- At the request of Mr. DURBIN, the resentatives of the United States of America in name of the Senator from Oregon (Mr. By Mr. BINGAMAN: Congress assembled,

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5368 CONGRESSIONAL RECORD — SENATE June 11, 2002 SECTION 1. SHORT TITLE. (C) for any area containing deed restric- (F) undeveloped parking; This Act may be cited as the ‘‘Federal tions on charging fees; (G) picnic tables (when not part of a devel- Lands Recreation Fee Authority Act’’. (D) for any person entering a national oped campground or recreation area); SEC. 2. RECREATION FEES ON FEDERAL LANDS. wildlife refuge who is the holder of a valid (H) special attention or extra services nec- (a) GENERAL AUTHORITY.—Except as pro- migratory bird hunting and conservation essary to meet the needs of the disabled; or vided in subsection (b): stamp issued under section 2 of the Act of (I) any nonrecreational activity authorized (1) The Secretary of the Interior is author- March 16, 1934 (16 U.S.C. 718b) (commonly under a valid permit issued under any other ized to collect recreation fees, including en- known as the Duck Stamp Act); Act. trance and use fees, on the following lands (E) for any person holding a valid Golden (e) SPECIAL RECREATION PERMIT FEE.—The administered by the Secretary: Eagle Passport, Golden Age Passport, Golden Secretary of the Interior or the Secretary of (A) Units of the National Park System; Access Passport, or for entrance to units of Agriculture may require a special recreation (B) Units of the National Wildlife Refuge the National Park System, a National Parks permit and may charge a special recreation System; and Passport; and permit fee for recreation use involving a (C) National monuments and national con- (F) at the following areas administered by group activity, a commercial tour, a com- servation areas administered by the Bureau the National Park Service: mercial aircraft tour, a recreation event, use of Land Management. (i) U.S.S. Arizona Memorial; by a motorized recreation vehicle, a com- (2) The Secretary of Agriculture is author- (ii) Independence National Historical Park; petitive event, and an activity where a per- ized to collect recreation fees, including en- (iii) any unit of the National Park System mit is required to ensure resource protection trance and use fees, on the following Na- within the District of Columbia or the Ar- or public safety. tional Forest System lands administered by lington House—Robert E. Lee National Me- SEC. 3. ANNUAL PASSES. the Secretary: morial in Virginia; and (a) IN GENERAL.—The Secretary of the In- (A) National monuments; (iv) any unit of the National Park System terior and the Secretary of Agriculture shall (B) National volcanic monuments; located in Alaska, with the exception of jointly establish procedures for the issuance (C) National scenic areas; and Denali National Park and Preserve (notwith- of, and make available the following passes: (D) National recreation areas. standing section 203 of the Alaska National (1) GOLDEN EAGLE PASSPORT.—An annual (3) The Secretary of the Interior, with re- Interest Lands Conservation Act (16 U.S.C. admission permit, to be known as the ‘‘Gold- spect to lands administered by the Bureau of 410hh–2)); and en Eagle Passport’’, to be valid for a period Land Management, and the Secretary of Ag- (G) in Smoky Mountains National Park, of one year for admission into any unit or riculture, with respect to National Forest unless entrance fees are charged on main area collecting an entrance fee under this System lands, is also authorized to collect highways and thoroughfares, no fees shall be Act. fees at areas not described in paragraphs (1) charged for entrance on other routes into the (2) GOLDEN AGE PASSPORT.—A lifetime ad- and (2) if— park, or any part thereof. mission permit to any citizen of, or person (A) such area is managed primarily for out- (c) FEE CONSIDERATIONS.—(1) Recreation domiciled in the United States sixty-two door recreation purposes and contains at fees charged by the Secretary of the Interior years of age or older, entitling the permittee least one major recreation attraction; or the Secretary of Agriculture shall be fair to admission into any unit or area collecting (B) such area has had substantial Federal and equitable, taking into consideration— an entrance fee under this Act. investments, as determined by the appro- (A) the direct and indirect cost to the Fed- (3) GOLDEN ACCESS PASSPORT.—A lifetime priate Secretary, in— eral agency involved; admission permit to any citizen of, or person (i) providing facilities or services to the (B) the benefits and services provided to domiciled in the United States who is blind public; or the visitor; or permanently disabled, to be issued with- (ii) restoring resource degradation caused (C) the public policy and management ob- out cost. by public use; and jectives served; (4) OTHER PASSES.—The Secretary of the (C) public access to the area is provided in (D) costs to the visitor; Interior and the Secretary of Agriculture such a manner that entrance fees can be effi- (E) the effect of multiple fees charged may develop such other annual, regional or ciently collected at one or more centralized within the same area; site-specific passes as they deem appro- locations. (F) fees charged at comparable sites by priate. (5) The Secretary of the Interior or the other public agencies; and (b) TERMS AND CONDITIONS.— Secretary of Agriculture, as appropriate, (G) the economic and administrative feasi- (1) Unless determined otherwise by the may reduce or waive any fee authorized bility of fee collection at the site. Secretary of the Interior and the Secretary under this Act, as appropriate. (2) The Secretary of the Interior and the of Agriculture, the passes authorized under (6) For each unit or area collecting an en- Secretary of Agriculture shall work coopera- this section shall be issued under the same trance fee, the appropriate Secretary shall tively to ensure that comparable fees and terms and conditions as existed for such establish at least one day each year during services are established on Federal lands passes as of the date of enactment of this periods of high visitation as a ‘‘Fee Free under each Secretary’s jurisdiction, and that Act. Day’’ when no entrance fee shall be charged. guidelines for assessing the type and amount (2) The Secretaries shall develop such (7) No recreation fees of any kind shall be of recreation fees are consistent between terms and conditions for the passes author- imposed or collected for outdoor recreation areas under each Secretary’s jurisdiction. ized in this section as they deem necessary. purposes on Federal lands under the jurisdic- (3) The Secretary of the Interior and the (c) NATIONAL PARK PASSPORT.—Nothing in tion of the Secretary of the Interior or the Secretary of Agriculture shall, to the extent this Act affects the authority of the Sec- Secretary of Agriculture, except as provided practicable, seek to minimize multiple fees retary of the Interior to issue national park in this Act. within specific units or areas. passports, as authorized in title VI of the Na- (b) PROHIBITION ON FEES.—(1) No recreation (d) RECREATION USE FEES.—(1) The Sec- tional Parks Omnibus Management Act of fees shall be charged under this Act— retary of the Interior and the Secretary of 1998 (16 U.S.C. 5991 et seq.). (A) for travel by private, noncommercial Agriculture may provide for the collection of SEC. 4. ADMINISTRATION. vehicle over any national parkway or any recreation use fees where the Federal agency (a) IN GENERAL.—The Secretary of the In- road or highway established as a part of the develops, administers, provides, or furnishes terior and the Secretary of Agriculture shall National Federal Aid System, as defined in at Federal expense, specialized outdoor establish guidelines identifying the process section 101 of title 23, United States Code, recreation sites, facilities, equipment, or by which the agencies under each Sec- which is commonly used by the public as a services. retary’s jurisdiction shall establish and means of travel between two places, either or (2) As used in this subsection, the term change the amounts charged for any recre- both of which are outside of the fee area; ‘‘specialized outdoor recreation sites, facili- ation fee, including entrance fees, recreation (B) for travel by private, noncommercial ties, equipment, or services’’ includes— use fees, or special recreation permit fees vehicle over any road or highway to any land (A) a developed campground; collected under this Act. Such guidelines in which a person has any property right if (B) a swimming site; shall require that the agencies coordinate such land is within the unit or area at which (C) a boat launch facility; with each other, to the extent practicable, recreation fees are charged; (D) a managed parking lot; when establishing or changing fees. (C) for any person who has a right of access (E) facility or equipment rental; (b) NOTICE.—The Secretary of the Interior for hunting or fishing privileges under a spe- (F) an enhanced interpretive program; or the Secretary of Agriculture, as appro- cific provision of law or treaty; or (G) a reservation service; or priate, shall post clear notice of any en- (D for any person who is engaged in the (H) a transportation service. trance fee and available passes at appro- conduct of official business within the unit (3) Recreation use fees may not be charged priate locations within each area where a or area at which recreation fees are charged. for— recreation fee is charged. Notice shall also (2) Entrance fees shall not be charged— (A) general access to an area; be included in publications distributed at the (A) for any person under 16 years of age; (B) access to a visitor center; unit or area where the fee is collected. The (B) for admission of organized school (C) a dispersed area with little or no Fed- Secretaries shall jointly take such actions as groups or outings conducted for education eral investment; may be necessary to provide information to purposes by schools or other bona fide edu- (D) a scenic overlook or wayside; the public on all available passes authorized cational institutions; (E) drinking fountains or restrooms; by this Act.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5369 (c) NOTICE OF RECREATION FEE PROJECTS.— (2) to authorize charges for commercial or more densely populated than the inte- The Secretary of the Interior and the Sec- other activities not related to recreation; rior of the country. As these good folks retary of Agriculture shall, to the extent (3) to affect any rights or authority of the move to take advantage of coastal liv- practicable, post clear notice of where work States with respect to fish and wildlife; ing, we have to be careful that we don’t is being done using fee revenues collected (4) to repeal or modify any provision of law under this Act. that provides that any fees or charges col- destroy the natural resources and qual- (d) FEE MANAGEMENT AGREEMENTS.—Not- lected at specific Federal areas be used for, ity of life that draw them to our withstanding the Federal Grant and Cooper- or created to specific purposes or special shores. Big changes are coming to all ative Agreements Act of 1977 (31 U.S.C. 6301 funds as authorized by that provision of law; of our coastal counties, and we must et seq.), the Secretary of the Interior and the or make some careful and smart decisions Secretary of Agriculture may enter into fee (5) to repeal or modify any provision of law if we want to keep the very resources management agreements, that provide for authorizing States or political subdivisions we depend on. reasonable commissions or reimbursements, thereof to share in revenues from Federal In particular, estuaries and wetlands with any governmental or nongovernmental lands. have many unique attributes that entities to provide fee collection and proc- make them important to both our nat- essing services, including visitor reservation By Mr. HOLLINGS (for himself, ural resources and our economy. Estu- services. Mr. GREGG, Mr. KERRY, Ms. aries, and the watersheds that flow (e) VOLUNTEERS.—The Secretary of the In- SNOWE, Mr. INOUYE, Mr. REED, into them, support fisheries and wild- terior and the Secretary of Agriculture may Mr. BREAUX, Mr. CLELAND, Mr. use volunteers, as appropriate, to collect fees life and contribute immensely to the DEWINE, Mr. SARBANES, Mr. and sell passes authorized by this Act. coastal area economies. Wetlands are BIDEN, Mr. KENNEDY, Ms. MI- SEC. 5. EXPENDITURE OF FEES. critical to many life cycles of orga- KULSKI, Mr. COCHRAN, Mr. (a) SPECIAL ACCOUNT.—The Secretary of nisms and help improve surface water TORRICELLI, Mrs. MURRAY, Ms. the Treasury shall establish a separate spe- quality by filtering our wastes. But LANDRIEU, Mr. CORZINE, and Mr. cial account in the Treasury for each Federal these ecologically and economically agency collecting recreation fees under this LIEBERMAN): Act. Amounts collected by each agency S. 2608. A bill to amend the Coastal important watersheds are also under under this Act shall be deposited into its spe- Zone Management Act of 1972 to au- the most threat from land development cial account in the Treasury, and shall be thorize the acquisition of coastal areas and conversion away from their nat- available for expenditure by the appropriate in order better to ensure their protec- ural state. The Forest Service’s re- agency, without further appropriation, to re- tion from conversion or development; cently released Southern Forest Re- main available until expended. to the Committee on Commerce, source Assessment shows that coastal (b) DISTRIBUTION.—(1) Eighty percent of the Science, and Transportation. urbanization trends are particularly amounts collected at a specific unit or area strong in the southeastern areas. In my shall remain available for expenditure with- Mr. HOLLINGS. Mr. President, I rise out further appropriation, at the unit or area today with my colleague Senator state alone, the natural forests of the where the fees were collected, except that GREGG to introduce the Coastal and Es- coastal plain are projected to decrease the Secretary of the Interior or the Sec- tuarine Land Protection Act of 2002. I by 1.9 million acres in the next 40 retary of Agriculture, as appropriate, may would like to thank our cosponsors, years—a 35 percent loss of South Caro- reduce the local allocation amount to not Senators KERRY, SNOWE, INOUYE, J. lina’s forests. These findings and future less than 60 percent of the fees collected if REED, BREAUX, CLELAND, DEWINE, SAR- trends tell me that for the good of our the Secretary determines that the unit or BANES, BIDEN, KENNEDY, MIKULSKI, coastal communities we need some area’s revenues in any specific fiscal year ex- fast, targeted action to protect eco- ceed its reasonable needs for which expendi- COCHRAN, TORRICELLI, MURRAY, and tures may be made. LANDRIEU for their support of this bill, logically important coastal areas most (2) Amount not retained at the site or area which marks another important chap- threatened with development or con- collecting the fee shall remain available for ter of our thirty year effort to put version. expenditure without further appropriation to coastal and ocean issues at the fore- Now more than ever, the pressures of the Federal agency administering the site, front of environmental policy. urbanization and pollution along our for distribution in accordance with national When I was Governor of South Caro- Nation’s coasts threaten to impair wa- priority needs within such agency. lina over 30 years ago, I experienced tersheds, impact wildlife habitat and (3) Revenues from the sale of annual passes first hand the need for Federal direc- cause irreparable damage to the fragile shall be distributed in accordance with rev- tion and assistance to the States to en- coastal ecology. This year the Environ- enue sharing agreements developed by the Secretary of the Interior and the Secretary able them to effectively and mental Protection Agency rated the of Agriculture. sustainably manage coastal develop- overall condition of our coastal waters (c) USE OF FEE REVENUES.—Amounts made ment. My experiences during a series of as fair to poor, with 44 percent of estu- available under subsection (b)(1) for expendi- coastal hearings and continued re- arine areas impaired for human or ture at a specific unit or area shall be ac- search in the Senate led me to write aquatic life use. While some areas of counted for separately from amounts avail- the Coastal Zone Management Act of the country are seeing some improve- able under (b)(2). Both amounts shall be used 1972, which provided clear policy objec- ment as a result of control on industry, for resource preservation, backlogged repair tives for states to establish coordi- the experts predict that the more pris- and maintenance projects (including projects related to health and safety), interpretation, nated coastal zone management pro- tine areas like the Southeast, which as signage, habitat for facility enhancement, grams to help balance coastal develop- some of the best water quality in the law enforcement related to public use, main- ment with protection. Since the CZMA Nation, will experience degradation of tenance, and direct operating or capital became law, 34 of the 35 coastal states water quality due primarily to runoff costs associated with the recreation fee pro- have established approved programs to of pollutants from rapid development gram. help preserve and utilize their precious in our coastal watersheds. This is very SEC. 6. CONFORMING AMENDMENTS. resources, and the program has proven bad news for the shrimpers, oystermen, (a) REPEAL OF OTHER FEE AUTHORITIES.— to be a successful partnership between and recreational users who depend on Section 4 of the Land and Water Conserva- the Federal government and our states. these waters for their livelihood and tion Fund Act (16 U.S.C. 4601–4a) and section But we appear to need more tools to 315 of Public Law 104–134, as amended (16 quality of life. U.S.C. 4601–4a note), are repealed, except help States continue the job we started We see strong signals of what con- that the repeal of such provisions shall not in 1972. In the year 2002, as our popu- tinuing down this path will bring us: affect the expenditure of revenues already lation grows, more and more people are sustained beach closings due to excess obligated. All unobligated amounts as of the moving to the coast to enjoy its beauty sewage drainage; shellfish bed closings date of enactment of this Act shall be trans- and recreational opportunities. In fact, and fish consumption advisories result- ferred to the appropriate special account es- by 2010, an estimated 60 percent of ing from toxic runoff or bacteria; fish tablished under this Act and shall be avail- Americans will live along our coasts, kills due to lack of oxygen from nutri- able as provided in this Act. which represent less than 17 percent of ent runoff; marine mammal diseases; (b) FEDERAL AND STATE LAW UNAF- FECTED.—Nothing in this Act shall be con- our land area. More than 3,000 people and human health impacts. The Na- strued— move to coastal areas everyday, and tional Research Council reports that (1) to authorize Federal hunting or fishing fourteen of the Nation’s 20 largest cit- over the next 20 years over 70 percent licenses or fees; ies are on the coast, and are five times of our estuaries will experience more of

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5370 CONGRESSIONAL RECORD — SENATE June 11, 2002 these low oxygen, or ‘‘eutrophic’’ con- by the CZMA, all in stride with the would provide federal matching funds ditions, such as the Gulf ‘‘Death Zone.’’ changing times, growing number of to states with approved coastal man- If this trend continues, our coastal people, and limited resources available agement programs or to National Estu- economies will suffer and perhaps today. When it comes to the environ- arine Research Reserves through a never recover. I know in my state the ment, rules and regulations sometimes competitive grant process. Federal economy would falter greatly from the can’t do it all. Sometimes cooperative matching funds may not exceed 75% of lack of fishing, shrimping and tourism actions work better and we can turn to the cost of a project under this pro- opportunities, and this is true up and models that encourage joint conserva- gram, and non-federal sources may down the Atlantic coast, which con- tion projects among folks who all want count in-kind support toward their por- tains 37 percent of the Nation’s estua- the same thing, sustainable coasts. tion of the cost share. rine areas. Partnership programs among federal This coastal land protection program The good news is that there are ways government, state agencies, local gov- provides much needed support for local we can make a difference, and we have ernments, private landowners and non- coastal conservation initiatives some goods models we can turn to. I profits, like the ACE Basin Project, throughout the country. In my role as am proud to say my home state of work and we need to encourage these the Ranking Member of the Commerce, South Carolina is a leader in this area. partnerships in all our coastal areas if Justice, State Appropriations Sub- The past decade I have led an extensive we are to prevent degradation of our committee, I have been able to secure cooperative conservation effort, bring- coastal resources. The good news is significant funds for the Great Bay es- ing together the State of South Caro- that we can make a difference today by tuary in New Hampshire. This estuary lina, private landowners, groups like providing the funding for land con- is the jewel of the seacoast region, and the Nature Conservancy, Ducks Unlim- servation partnerships provided for by is home to a wide variety of plants and ited and Federal partners like NOAA Coastal and Estuarine Land Protection animal species that are particularly and the Fish and Wildlife Service to Act. I am proud to be a sponsor of this threatened by encroaching develop- protect the ACE Basin. It is now the bill, which will not only improve the ment and environmental pollutants. By largest pristine estuarine reserve on quality of the coastal areas and marine working with local communities to the East Coast, a 350,000-acre area at life it supports, but also sustain sur- purchase lands or easements on these the convergence of the Edisto, Ashepoo rounding communities and their way of valuable parcels of land, New Hamp- and Combahee Rivers, which comprises life. shire has been able to successfully con- many ecologically important habitats Mr. GREGG. Mr. President, I rise serve the natural and scenic heritage of that are home to many fish and bird today along with Senator HOLLINGS to this vital estuary. species, including a number of endan- introduce S. 2608, the Coastal and Estu- Programs like the Coastal and Estua- gered species. An outcome of these ef- arine Land Protection Act. We are in- rine Land Protection program will now forts is that the ACE Basin, already troducing this much needed coastal enable other states to participate in home to a National Wildlife Refuge, protection act along with Senators these community-based conservation was declared a National Estuarine Re- COCHRAN, DEWINE, SNOWE, BIDEN, CAR- efforts in coastal areas. This program search Reserve in 1992, and has been PER, CLELAND, INOUYE, BREAUX, LAN- was modeled after the U.S. Department growing in size ever since. In building DRIEU, SARBANES, MIKULSKI, KENNEDY, of Agriculture’s successful Forest Leg- the ACE Basin, the partners worked KERRY, TORRICELLI, and MURRAY. In ad- acy Program, which has conserved mil- creatively and in a coordinated man- dition, this legislation is supported by lions of acres of productive and eco- ner, and we successfully obtained land the Coastal States Organization, the logically significant forest land around acquisition funds through a variety of National Estuarine Research Reserve the country. federal sources, including the Forest Association, the Trust for Public I welcome the opportunity to offer Legacy Program. Lands, The National Conservancy, and this important legislation, with my What became clear, however, is that the Land Trust Alliance. close friend, Senator HOLLINGS. I am there is no federal program explicitly The Coastal and Estuarine Land Pro- thankful for his strong leadership on setting aside funding for conservation tection Act promotes coordinated land this issue, and look forwarding to of coastal lands, where the needs are acquisition and protection efforts in working with him to make the vision clearly the greatest. That is exactly coastal and estuarine areas by fos- for this legislation a reality, and to what the Coastal and Estuarine Land tering partnerships between non-gov- successfully conserve our ecologically, Protection Act of 2002 will do. The bill, ernmental organizations and federal, historically, recreational, and aestheti- which is strongly supported by The state, and local governments. With cally important coastal lands. Trust for Public Land, Coastal States Americans rapidly moving to the coast, Organization, The Nature Conservancy pressures to develop critical coastal By Mr. LEAHY (for himself and and Land Trust Alliance, amends the ecosystems are increasing. There are Mr. SCHUMER): CZMA to authorize a competitively fewer and fewer undeveloped and pris- S. 2609. A bill to require the Federal matching grant program in NOAA to tine areas left in the nation’s coastal Trade Commission to promulgate a enable states to permanently protect and estuarine watersheds. These areas rule to establish requirements with re- important coastal areas. Under this provide important nursery habitat for spect to the release of prescriptions for NOAA program, coastal states can two-thirds of the nation’s commercial contact lenses; to the Committee on compete for matching funds of up to 75 fish and shellfish, provide nesting and Commerce, Science, and Transpor- percent to acquire land or easements foraging habitat for coastal birds, har- tation. for the protection of endangered coast- bor significant natural plant commu- Mr. LEAHY. Mr. President, the Con- al areas that have considerable con- nities, and serve to facilitate coastal tact Lens Prescription Release Act of servation, recreation, ecological, his- flood control and pollutant filtration. 2002 will rectify a troubling anomaly in torical or aesthetic values threatened The Coastal and Estuarine Land Pro- competition and health care law: Eye by development or conversion. The bill tection Act pairs willing sellers doctors have long been required to pro- also provides funding for a regional wa- through community-based initiatives vide patients with the prescriptions for tershed demonstration project that can with sources of federal funds to en- their eyeglasses, but not for contact be used as a model for future water- hance environmental protection. Lands lenses. This bill will require ophthal- shed-scale programs. The program is can be acquired in full or through ease- mologists and optometrists to release authorized at $60 million for fiscal year ments, and none of the lands purchased contact lens prescriptions to their pa- 2003 and beyond, with an additional $5 through this program would be held by tients, just as they have long been re- million for the regional watershed the federal government. S. 2608 puts quired to do for eyeglass wearers. demonstration project. land conservation initiatives in the Since 1973, when the Federal Trade By establishing a plan for the preser- hands of state and local communities. Commission issued a regulation requir- vation of our coastal areas, the Coastal This new program, authorized through ing the automatic release of eyeglass and Estuarine Land Protection Act the National Oceanic and Atmospheric prescriptions, the millions of citizens will build on the foundation laid down Administration at $60,000,000 per year, who wear glasses have had access to,

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5371 and the use of, their own prescriptions. The research is clear that many of bill. The purpose of the provisions in They have long been able to ‘‘shop the parents still receiving Temporary this bill is to put into place a skeletal around’’ for the best provider of eye- Assistance for Needy Families, TANF, structure in each State, leaving the glasses for themselves, but contact lens cash assistance have barriers, often States with flexibility in terms of ex- wearers are often forced to purchase multiple barriers, that make it harder, actly how the various provisions are their contacts from their eye doctors, sometime impossible, for them to implemented, will help to ensure that because they have been denied posses- work. These barriers include mental both states and families have the tools sion of their own prescriptions. and physical impairments including they need to ultimately ensure that The contact lens industry was in its learning disabilities, domestic and sex- more low-income families succeed in infancy in 1973, and thus was excluded ual violence, substance abuse, limited the workplace. The Chance to Succeed from the FTC’s regulation. Now that 35 English proficiency, and hopelessness. Act encourages states to better serve million Americans wear contact lenses, In some cases, parents are caring for a the needs of TANF recipients with bar- the industry is profoundly different. child with disabilities and this inhibits riers to employment by: giving states Thirty years ago, it made sense that their ability to meet the State’s work broad flexibility to place TANF recipi- the FTC did not extend its rule to requirements. ents in barrier-removal activities and cover contact lenses, but now that so In my own State of Minnesota, we count recipients participating in such many patients wear contacts, it seems are beginning to see compelling evi- activities toward federal work partici- the time is ripe for the law to reflect dence that many families receiving pation rates for at least three months; this growing health care trend. In addi- TANF, have significant barriers to em- improving service delivery for families tion, because patients’ prescriptions ployment. A recent study done by with barriers by developing a screen- can be exclusively held by their doc- Lifetrack Resources looked at welfare ing, assessment and service delivery tors, anticompetitive behavior among recipients participating in a transi- process; providing technical assistance some eye doctors has escalated, to the tional jobs program. This research to states to develop model practices, detriment of consumers and competi- found that individuals participating in standards and procedures for screening, tion. the program had an average of seven assessment and addressing barriers to In some instances, doctors can effec- barriers to employment, ranging from move individuals into employment; tively force their patients to buy con- a lack of reliable transportation to and providing funding for state-level tact lenses from their doctors who can limited education to domestic violence advisory panels to improve state poli- also require them to come in for eye issues. Welfare offices in Ramsey and cies and procedures for assisting fami- exams before they receive replacement Hennepin Counties, where the bulk of lies with barriers to work; helping lenses, even if there is no change to the families approaching their 5 year life- TANF recipients with barriers to em- prescription. Patients must then pay time limit live, found similar results as ployment move into the workforce by for medical services they do not want, they have begun testing TANF recipi- creating personal responsibility plans and cannot shop around for the best ents for learning problems, mental ill- that outline an employment goal for price or most convenient delivery serv- ness, physical limitations and other moving an individual into stable em- ice for their contact lens, like on-line disabilities. They found that: about ployment; the obligations of the indi- ordering, or discount dealers. In fact, two-thirds of the parents in each coun- vidual to work toward becoming and thirty-two State Attorneys General ty have problems severe enough to remaining employed in the private sec- have recently settled an antitrust suit qualify for benefits extension; In tor; the individual’s long-term career against the American Optometric Asso- Ramsey county, testers who have goals and the specific work experience, ciation and Johnson & Johnson, maker worked with several hundred parents, education, or training needed to reach of ACUVUE disposable contact lenses, have found the average IQ for English them; and the services the State will in which the attorneys general alleged speakers was 82. An IQ of 100 is consid- offer based on screening and assess- that defendants conspired to force pa- ered average; and Hennepin County ment; and developing sanction, concil- tients to buy their lenses only from eye found that 24 percent of a sample of 66 doctors, and to eliminate competition iation and follow-up procedures that parents reaching their time limits had address barriers and improve compli- from alternative distributors of con- a mental illness. tact lenses. ance. With additional help, many of these TANF recipients want to work and be The Contact Lens Prescription Re- families in Minnesota and elsewhere, lease Act would require the FTC to able to provide for themselves and will be better able to maximize their their children. To be poor in this coun- amend its trade regulation rule on oph- potential and move toward greater fi- thalmic practice to require a contact try is difficult enough, but to be poor nancial independence. In order to be lens prescriber to release to the pa- and on welfare carries with it a stigma able to better help these families ad- tient, or her agent, a copy of the pre- that makes life nearly impossible. dress such barriers and move toward scription, and it would make it an un- States like Minnesota and others are work, States need to have in place poli- fair practice for any contact lens sup- only now coming to understand the cies and procedures that help identify plier to represent that the lenses could true depth and extent of the kinds of these families and the barriers they be obtained without a valid prescrip- barriers to employment that many face and provide them with the services tion. This bill would put contact lens TANF recipients face. It takes a tre- and supports they will need to eventu- wearers in the same position as their mendous commitment of effort and really succeed in the workplace. There is bespectacled brethren: They could have sources to provide individuals with the control of their own medical informa- no need for these policies and proce- services and supports they need to ad- tion, and be able to choose the right dures to be identical—one size does not dress these barriers so that they may supplier, from a more competitive mar- fit all for states or families. But, the successfully transition into the work- ketplace of suppliers, for themselves. failure to have any such procedures re- force. It is critical that our federal sults in families with barriers being in- TANF policies do all that is possible to By Mr. WELLSTONE (for himself appropriately sanctioned while also un- help those states that are already mak- and Mr. CORZINE): able to work. It also means that States ing this kind of commitment. I believe S. 2610. A bill to amend part A of are not using their limited TANF re- this bill does just that, and I urge each title IV of the Social Security Act to sources most efficiently to ensure ac- of my colleagues to support it. I look include efforts to address barriers to curate matching of families’ barriers forward to working with my colleagues employment as a work activity under with program to help to address those on the Finance Committee and others the temporary assistance to needy fam- barriers. Inadequate screening and as- to ensure that the provisions in this ilies program, and for other purposes; sessment impedes states’ ability to bet- bill are included in the Senate TANF to the Committee on Finance. ter tailor their programs and the indi- reauthorization bill. Mr. WELLSTONE. Mr. President, I vidual’s responsibility plan to meet a rise today to introduce the Chance to family’s needs. By Mr. REED (for himself, Mr. Succeed Act of 2002 on behalf of myself Some States have already taken KENNEDY, Ms. COLLINS, Mr. JEF- and my colleagues Senator CORZINE. steps along the lines proposed in this FORDS, Mr. FRIST, Mr. COCHRAN,

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5372 CONGRESSIONAL RECORD — SENATE June 11, 2002 Mr. LEVIN, Mr. CHAFEE, Ms. pate in the Rhode Island Family Lit- the literacy and cultural efforts of our LANDRIEU, Mr. DAYTON, and Mr. eracy Initiative that helps families Nation’s smaller states. An analysis WELLSTONE): with limited English language skills. prepared by the staff of the Joint Eco- S. 2611. A bill to reauthorize the Mu- Last fall, the Providence Public Li- nomic Committee shows that it would seum and Library Services Act, and for brary was one of 6 museums and librar- take $1.5 million for our small States other purposes; to the Committee on ies recognized by IMLS with a National to keep pace with inflation. The library Health, Education, Labor, and Pen- Award for Museum and Library Serv- community has instead suggested a sions. ice. modest, but essential doubling of the Mr. REED. Mr. President, today I in- Under the Museum Service Act, minimum State allotment to $680,000. troduce the Museum and Library Serv- IMLS provides funding and technical This will enable every State to benefit ices Act of 2002. I am pleased to be assistance to museums for preservation and implement the valuable services joined by Senators KENNEDY, COLLINS, of museum collections, new tech- and programs that larger States have JEFFORDS, FRIST, COCHRAN, LEVIN, nologies for exhibits, and general oper- been able to put in place. We heard CHAFEE, LANDRIEU, and DAYTON in in- ations. Approximately 15,000 U.S. mu- about the importance of this change troducing this legislation to strength- seums from aquariums to arboretums from David Macksam, Director of the en museum and library services. and botanical gardens, to art museums, Cranston Public Library, during the Museums and libraries are rich cen- to historic houses and sites, to nature April 10 hearing. I will be fighting to ters of learning, woven into the fabric centers, to science and technology cen- retain this provision as we work with of our communities, big and small, ters, to zoological parks benefit from the House to put this legislation on the urban and rural. the IMLS’s existence. Several Rhode President’s desk for his signature. Today’s library is not simply a place Island museums have received IMLS The House Committee on Education where books are read and borrowed. It funding, including the Children’s Mu- and the Workforce has already taken is a place where a love for reading is seum of Rhode Island, the Museum of action on a reauthorization bill. Last born and renewed again and again, and Art at the Rhode Island School of De- year, during the reauthorization of the where information is sought and dis- sign, and the Slater Mill Historic Site Elementary and Secondary Education covered. American libraries also coin Pawtucket. Act (ESEA), I was pleased to work with ordinate and provide comprehensive The legislation we are introducing Senator COLLINS, Chairman KENNEDY, services to meet the needs of their today is based on the testimony we and others to secure funding for school communities and people of all ages. heard at an April 10 hearing of the libraries for the first time in twenty They provide Internet access, family Health, Education, Labor, and Pen- years. I hope we can also move forward literacy classes, homework help, men- sions Committee, which I chaired, as on a similar bipartisan basis on a swift toring programs, English as A Second well as proposals that the museum and reauthorization of the Museum and Li- Language, ESL, classes, job training, library communities each crafted using brary Services Act. and resume writing workshops. a cooperative and collaborative proc- I urge my colleagues to cosponsor America’s museums bring wonder- ess. We are grateful for their efforts to this important legislation and work for ment and joy to young and old alike, come together on proposals so the law its passage. encouraging discovery and celebrating meets the future needs of museum and I ask unanimous consent that the our heritage and our heroes. Today’s library users. text of this legislation be printed in museums bring everyday objects, art, The Museum and Library Services the RECORD. music, science, technology, and much Act of 2002, which extends the author- There being no objection, the bill was more to life. Museums help us preserve ization of museum and library services ordered to be printed in the RECORD, as our past, understand our present, and for six years, makes several important follows: plan our future. modifications to current law. The bill S. 2611 The Federal Government has a long ensures that library activities are co- Be it enacted by the Senate and House of Rep- history of supporting our Nation’s li- ordinated with the school library pro- resentatives of the United States of America in braries and museums, providing direct gram I authored and contained within Congress assembled, aid to public libraries since the adop- the No Child Left Behind Act of 2001. It SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Museum and tion of the Library Services and Con- establishes a Museum and Library Library Services Act of 2002’’. Services Board to advise the Director struction Act, LSCA, in 1956 and fund- TITLE I—GENERAL PROVISIONS ing to museums since the enactment of of IMLS, and it authorizes IMLS to SEC. 101. GENERAL DEFINITIONS. the Museum Services Act in 1976. award a National Award for Library Section 202 of the Museum and Library The Museum and Library Services Service as well as a National Award for Services Act (20 U.S.C. 9101) is amended— Act was enacted in 1996, reauthorizing Museum Service. The bill also ensures (1) by striking paragraphs (1) and (4); federal library and museum programs a portion of administrative funds are (2) by redesignating paragraph (2) as para- under a newly created, independent used to analyze annually the impact of graph (1); federal agency called the Institute for museum and library services to iden- (3) by inserting after paragraph (1), as re- Museum and Library Services, IMLS. tify needs and trends of services pro- designated by paragraph (2) of this section, The Museum and Library Services Act vided under museum and library pro- the following: ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ consists of two main subtitles, the Li- grams, and it establishes a reservation means any tribe, band, nation, or other orga- brary Services and Technology Act and of 1.75 percent of funds for museum nized group or community, including any the Museum Services Act. Senator services for Native Americans (a simi- Alaska native village, regional corporation, KENNEDY, Senator JEFFORDS, and my lar reservation is currently provided or village corporation, as defined in or estab- predecessor, former Senator Claiborne for library services under the Library lished pursuant to the Alaska Native Claims Pell, were instrumental in the develop- Services and Technology subtitle). Settlement Act (43 U.S.C. 1601 et seq.), which ment and enactment of this law. Lastly, the bill updates the uses of is recognized by the Secretary of the Interior Under the Library Services and Tech- funds for library and museum pro- as eligible for the special programs and services provided by the United States to Indians nology Act, LSTA, IMLS funds four grams, and it increases the authoriza- because of their status as Indians.’’; and grant programs for libraries to improve tion of LSTA from $150 million to $350 (4) by adding at the end the following: access to information through tech- million and Museum Services from ‘‘(4) MUSEUM AND LIBRARY SERVICES nology, to ensure equity of access and $28.7 million to $65 million. BOARD.—The term ‘Museum and Library to help bring resources to underserved I want to specifically highlight one Services Board’ means the National Museum audiences. These programs serve all other provision in the legislation. The and Library Services Board established types of our nation’s 122,000 libraries: Museum and Library Services Act of under section 207.’’. public, academic, research, school, and 2002 doubles the minimum State allot- SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. archive. ment under the Library Services and Section 203 of the Museum and Library In Rhode Island, LSTA funding al- Technology Act to $680,000. The min- Services Act (20 U.S.C. 9102) is amended— lows libraries to provide summer read- imum State allotment has remained (1) in subsection (b), by striking the last ing programs for students and partici- flat at $340,000 since 1971, hampering sentence; and

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(2) by adding at the end the following: ‘‘(II) museums that, collectively, are ‘‘(1) IN GENERAL.—The Museum and Library ‘‘(c) MUSEUM AND LIBRARY SERVICES broadly representative of various types of Services Board shall advise the Director on BOARD.—There shall be a National Museum museums, including museums relating to general policies with respect to the duties, and Library Services Board within the Insti- science, history, technology, art, zoos, bo- powers, and authority of the Institute relat- tute, as provided under section 207.’’. tanical gardens, and museums designed for ing to museum and library services, includ- SEC. 103. DIRECTOR OF THE INSTITUTE. children; and ing financial assistance awarded under this Section 204 of the Museum and Library ‘‘(ii) the remainder shall be individuals title. Services Act (20 U.S.C. 9103) is amended— recognized for their broad knowledge, exper- ‘‘(2) NATIONAL AWARDS.—The Museum and (1) in subsection (e), by adding at the end tise, or experience in museums or commit- Library Services Board shall assist the Di- the following: ‘‘Where appropriate, the Di- ment to museums. rector in making awards under section 209. rector shall ensure that activities under sub- ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA- ‘‘(e) CHAIRPERSON.—The Director shall title B are coordinated with activities under TION.—Members of the Museum and Library serve as Chairperson of the Museum and Li- section 1251 of the Elementary and Sec- Services Board shall be appointed to reflect brary Services Board. ondary Education Act of 1965 (20 U.S.C. persons from various geographic regions of ‘‘(f) MEETINGS.— 6383).’’; and the United States. The Museum and Library ‘‘(1) IN GENERAL.—The Museum and Library (2) by adding at the end the following: Services Board may not include, at any time, Services Board shall meet not less than 2 ‘‘(f) REGULATORY AUTHORITY.—The Direc- more than 3 appointive members from a sin- times each year and at the call of the Direc- tor may promulgate such rules and regula- gle State. In making such appointments, the tor. tions as are necessary and appropriate to im- President shall give due regard to equitable ‘‘(2) VOTE.—All decisions by the Museum plement the provisions of this title.’’. representation of women, minorities, and and Library Services Board with respect to persons with disabilities who are involved the exercise of its duties and powers shall be SEC. 104. NATIONAL MUSEUM AND LIBRARY with museums and libraries. SERVICES BOARD. made by a majority vote of the members of ‘‘(4) VOTING.—The Director, the Deputy Di- The Museum and Library Services Act (20 the Board who are present and authorized to rector of the Office of Library Services, and U.S.C. 9101 et seq.) is amended— vote. the Deputy Director of the Office of Museum ‘‘(g) QUORUM.—A majority of the voting (1) by redesignating section 207 as section Services shall be nonvoting members of the members of the Museum and Library Serv- 208; and Museum and Library Services Board. ices Board shall constitute a quorum for the (2) by inserting after section 206 the fol- ‘‘(c) TERMS.— conduct of business at official meetings, but lowing: ‘‘(1) IN GENERAL.—Except as otherwise pro- a lesser number of members may hold hear- ‘‘SEC. 207. NATIONAL MUSEUM AND LIBRARY vided in this subsection, each member of the ings. SERVICES BOARD. Museum and Library Services Board ap- ‘‘(h) COMPENSATION AND TRAVEL EX- ‘‘(a) ESTABLISHMENT.—There is established pointed under subparagraph (E) or (F) of sub- PENSES.— in the Institute a board to be known as the section (b)(1) shall serve for a term of 5 ‘‘(1) COMPENSATION.—Each member of the ‘National Museum and Library Services years. Museum and Library Services Board who is Board’. ‘‘(2) INITIAL BOARD APPOINTMENTS.— not an officer or employee of the Federal ‘‘(b) MEMBERSHIP.— ‘‘(A) TREATMENT OF MEMBERS SERVING ON Government may be compensated at a rate ‘‘(1) NUMBER AND APPOINTMENT.—The Mu- EFFECTIVE DATE.—Notwithstanding sub- to be fixed by the President, but not to ex- seum and Library Services Board shall be section (b), each individual who is a member ceed the daily equivalent of the maximum composed of the following: of the National Museum Services Board on annual rate of pay authorized for a position ‘‘(A) The Director. October 1, 2002, may, at the individual’s elec- above grade GS–15 of the General Schedule ‘‘(B) The Deputy Director for the Office of tion, complete the balance of the individ- under section 5108 of title 5, United States Library Services. ual’s term as a member of the Museum and Code, for each day (including travel time) ‘‘(C) The Deputy Director for the Office of Library Services Board. during which such member is engaged in the Museum Services. ‘‘(B) FIRST APPOINTMENTS.—Notwith- performance of the duties of the Museum and ‘‘(D) The Chairman of the National Com- standing subsection (b), any appointive va- Library Services Board. Members of the Mu- mission on Libraries and Information cancy in the initial membership of the Mu- seum and Libraries Services Board who are Science. seum and Library Services Board existing full-time officers or employees of the Federal ‘‘(E) 10 members appointed by the Presi- after the application of subparagraph (A), Government may not receive additional pay, dent, by and with the advice and consent of and any vacancy in such membership subse- allowances, or benefits by reason of their the Senate, from among individuals who are quently created by reason of the expiration service on the Board. citizens of the United States and who are of the term of an individual described in sub- ‘‘(2) TRAVEL EXPENSES.—Each member of specially qualified in the area of library paragraph (A), shall be filled by the appoint- the Museum and Library Services Board services by virtue of their education, train- ment of a member described in subsection shall receive travel expenses, including per ing, or experience. (b)(1)(E). When the Museum and Library diem in lieu of subsistence, in accordance ‘‘(F) 11 members appointed by the Presi- Services Board consists of an equal number with applicable provisions under subchapter dent, by and with the advice and consent of of individuals who are specially qualified in I of chapter 57 of title 5, United States Code. the Senate, from among individuals who are the area of library services and individuals ‘‘(i) COORDINATION.—The Director, with the citizens of the United States and who are who are specially qualified in the area of mu- advice of the Museum and Library Services specially qualified in the area of museum seum services, this subparagraph shall cease Board, shall take steps to ensure that the services by virtue of their education, train- to be effective and the members of the Mu- policies and activities of the Institute are ing, or experience. seum and Library Services Board shall be ap- coordinated with other activities of the Fed- ‘‘(2) SPECIAL QUALIFICATIONS.— pointed in accordance with subsection (b). eral Government.’’. ‘‘(A) LIBRARY MEMBERS.—Of the members ‘‘(C) AUTHORITY TO ADJUST TERMS.—The SEC. 105. AWARDS; ANALYSIS OF IMPACT OF of the Museum and Library Services Board terms of the first members appointed to the SERVICES. appointed under paragraph (1)(E)— Museum and Library Services Board shall be The Museum and Library Services Act (20 ‘‘(i) 5 shall be professional librarians or in- adjusted by the President as necessary to en- U.S.C. 9101 et seq.) is amended by inserting formation specialists, of whom— sure that the terms of not more than 4 mem- after section 208 (as redesignated by section ‘‘(I) at least 1 shall be knowledgeable about bers expire in the same year. Such adjust- 104 of this Act) the following: electronic information and technical aspects ments shall be carried out through designa- ‘‘SEC. 209. AWARDS. of library and information services and tion of the adjusted term at the time of ap- ‘‘The Director, with the advice of the Mu- sciences; and pointment. seum and Library Services Board, may annu- ‘‘(II) and at least 1 other shall be knowl- ‘‘(3) VACANCIES.—Any member appointed to ally award National Awards for Library edgeable about the library and information fill a vacancy shall serve for the remainder Service and National Awards for Museum service needs of underserved communities; of the term for which the predecessor of the Service to outstanding libraries and out- and member was appointed. standing museums, respectively, that have ‘‘(ii) the remainder shall have special com- ‘‘(4) REAPPOINTMENT.—No appointive mem- made significant contributions in service to petence in, or knowledge of, the needs for li- ber of the Museum and Library Services their communities. brary and information services in the United Board who has been a member for more than ‘‘SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND States. 7 consecutive years shall be eligible for re- LIBRARY SERVICES. ‘‘(B) MUSEUM MEMBERS.—Of the members of appointment. ‘‘From amounts described in sections 214(c) the Museum and Library Services Board ap- ‘‘(5) SERVICE UNTIL SUCCESSOR TAKES OF- and 274(b), the Director shall carry out and pointed under paragraph (1)(F)— FICE.—Notwithstanding any other provision publish analyses of the impact of museum ‘‘(i) 5 shall be museum professionals who of this subsection, an appointive member of and library services. Such analyses— are or have been affiliated with— the Museum and Library Services Board ‘‘(1) shall be conducted in ongoing con- ‘‘(I) resources that, collectively, are broad- shall serve after the expiration of the term sultation with— ly representative of the curatorial, conserva- of the member until the successor to the ‘‘(A) State library administrative agencies; tion, educational, and cultural resources of member takes office. ‘‘(B) State, regional, and national library the United States; or ‘‘(d) DUTIES AND POWERS.— and museum organizations; and

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5374 CONGRESSIONAL RECORD — SENATE June 11, 2002 ‘‘(C) other relevant agencies and organiza- ment of $40,000 under subparagraph (A) shall ‘‘(4) developing public and private partner- tions; be increased to $60,000. ships with other agencies and community- ‘‘(2) shall identify national needs for, and ‘‘(ii) INSUFFICIENT FUNDS TO AWARD ALTER- based organizations; trends of, museum and library services pro- NATIVE MINIMUM.—If the sum appropriated ‘‘(5) targeting library services to individ- vided with funds made available under sub- under the authority of section 214 and not re- uals of diverse geographic, cultural, and so- titles B and C; served under subsection (a) for any fiscal cioeconomic backgrounds, to individuals ‘‘(3) shall report on the impact and effec- year exceeds the aggregate of the allotments with disabilities, and to individuals with tiveness of programs conducted with funds for all States under this subsection for fiscal limited functional literacy or information made available by the Institute in addressing year 2002 yet is insufficient to fully satisfy skills; and such needs; and the requirement of clause (i), such excess ‘‘(6) targeting library and information ‘‘(4) shall identify, and disseminate infor- amount shall first be allotted among the services to persons having difficulty using a mation on, the best practices of such pro- States described in clause (i)(I) so as to in- library and to underserved urban and rural grams to the agencies and entities described crease equally the minimum allotment for communities, including children (from birth in paragraph (1).’’. each such State above $340,000. After the re- through age 17) from families with incomes TITLE II—LIBRARY SERVICES AND quirement of clause (i)(I) is fully satisfied for below the poverty line (as defined by the Of- TECHNOLOGY any fiscal year, any remainder of such excess fice of Management and Budget and revised SEC. 201. PURPOSE. amount shall be allotted among the States annually in accordance with section 673(2) of Section 212 of the Library Services and described in clause (i)(II) so as to increase the Community Services Block Grant Act (42 Technology Act (20 U.S.C. 9121) is amended equally the minimum allotment for each U.S.C. 9902(2))) applicable to a family of the by striking paragraphs (2) through (5) and in- such State above $40,000. size involved.’’; and serting the following: ‘‘(D) SPECIAL RULE.— (2) in subsection (b), by striking ‘‘between ‘‘(2) to promote improvement in library ‘‘(i) IN GENERAL.—Notwithstanding any the two purposes described in paragraphs (1) services in all types of libraries in order to other provision of this subsection and using and (2) of such subsection,’’ and inserting better serve the people of the United States; funds allotted for the Republic of the Mar- ‘‘among such purposes,’’. ‘‘(3) to facilitate access to resources in all shall Islands, the Federated States of Micro- SEC. 207. NATIONAL LEADERSHIP GRANTS, CON- types of libraries for the purpose of culti- nesia, and the Republic of Palau under this TRACTS, OR COOPERATIVE AGREE- vating an educated and informed citizenry; subsection, the Director shall award grants MENTS. Section 262(a)(1) of the Library Services and to the United States Virgin Islands, Guam, and Technology Act (20 U.S.C. 9162(a)(1)) is ‘‘(4) to encourage resource sharing among American Samoa, the Commonwealth of the amended by striking ‘‘education and train- all types of libraries for the purpose of Northern Mariana Islands, the Republic of ing’’ and inserting ‘‘education, recruitment, achieving economical and efficient delivery the Marshall Islands, the Federated States of and training’’. of library services to the public.’’. Micronesia, or the Republic of Palau to carry TITLE III—MUSEUM SERVICES SEC. 202. DEFINITIONS. out activities described in this subtitle in ac- Section 213 of the Library Services and cordance with the provisions of this subtitle SEC. 300. SHORT TITLE. Technology Act (20 U.S.C. 9122) is amended— that the Director determines are not incon- Subtitle C of the Museum and Library (1) by striking paragraph (1); and sistent with this subparagraph. Services Act (20 U.S.C. 9171 et seq.) is amend- (2) by redesignating paragraphs (2), (3), (4), ‘‘(ii) AWARD BASIS.—The Director shall ed by inserting before section 271 the fol- (5), and (6) as paragraphs (1), (2), (3), (4), and award grants pursuant to clause (i) on a lowing: (5), respectively. competitive basis and pursuant to rec- ‘‘SEC. 270. SHORT TITLE. SEC. 203. AUTHORIZATION OF APPROPRIATIONS. ommendations from the Pacific Region Edu- ‘‘This subtitle may be cited as the ‘Mu- Section 214 of the Library Services and cational Laboratory in Honolulu, Hawaii. seum Services Act’.’’. Technology Act (20 U.S.C. 9123) is amended— ‘‘(iii) ADMINISTRATIVE COSTS.—The Director SEC. 301. PURPOSE. (1) by amending subsection (a) to read as may provide not more than 5 percent of the Section 271 of the Museum and Library follows: funds made available for grants under this Services Act (20 U.S.C. 9171) is amended to ‘‘(a) IN GENERAL.—There are authorized to subparagraph to pay the administrative read as follows: be appropriated to carry out this subtitle costs of the Pacific Region Educational Lab- ‘‘SEC. 271. PURPOSE. $350,000,000 for fiscal year 2003 and such sums oratory regarding activities assisted under ‘‘It is the purpose of this subtitle— as may be necessary for fiscal years 2004 this subparagraph.’’. ‘‘(1) to encourage and support museums in through 2008.’’; and SEC. 205. STATE PLANS. carrying out their public service role of con- (2) in subsection (c), by striking ‘‘3 per- Section 224 of the Library Services and necting the whole of society to the cultural, cent’’ and inserting ‘‘3.5 percent’’. Technology Act (20 U.S.C. 9134) is amended— artistic, historical, natural, and scientific SEC. 204. RESERVATIONS AND ALLOTMENTS. (1) in subsection (a)(1), by striking ‘‘not understandings that constitute our heritage; Section 221(b)(3) of the Library Services later than April 1, 1997.’’ and inserting ‘‘once ‘‘(2) to encourage and support museums in and Technology Act (20 U.S.C. 9131(b)(3)) is every 5 years, as determined by the Direc- carrying out their educational role, as core amended to read as follows: tor.’’; and providers of learning and in conjunction with ‘‘(3) MINIMUM ALLOTMENTS.— (2) in subsection (f)— schools, families, and communities; ‘‘(A) IN GENERAL.—For purposes of this sub- (A) by striking ‘‘this Act’’ each place such ‘‘(3) to encourage leadership, innovation, section, the minimum allotment for each term appears and inserting ‘‘this subtitle’’; and applications of the most current tech- State shall be $340,000, except that the min- (B) in paragraph (1)— nologies and practices to enhance museum imum allotment shall be $40,000 in the case (i) by striking ‘‘1934,’’ and all that follows services; of the United States Virgin Islands, Guam, through ‘‘Act, may’’ and inserting ‘‘1934 (47 ‘‘(4) to assist, encourage, and support mu- American Samoa, the Commonwealth of the U.S.C. 254(h)(6)) may’’; and seums in carrying out their stewardship re- Northern Mariana Islands, the Republic of (ii) by striking ‘‘section 213(2)(A) or (B)’’ sponsibilities to achieve the highest stand- the Marshall Islands, the Federated States of and inserting ‘‘section 213(1)(A) or (B)’’; and ards in conservation and care of the cultural, Micronesia, and the Republic of Palau. (C) in paragraph (7)— historic, natural, and scientific heritage of ‘‘(B) RATABLE REDUCTIONS.—Notwith- (i) in the matter preceding subparagraph the United States to benefit future genera- standing subparagraph (A), if the sum appro- (A), by striking ‘‘section:’’ and inserting tions; priated under the authority of section 214 ‘‘subsection:’’; and ‘‘(5) to assist, encourage, and support mu- and not reserved under subsection (a) for any (ii) in subparagraph (D), by striking seums in achieving the highest standards of fiscal year is insufficient to fully satisfy the ‘‘given’’ and inserting ‘‘applicable to’’. management and service to the public, and requirement of subparagraph (A), each of the to ease the financial burden borne by muse- minimum allotments under such subpara- SEC. 206. GRANTS TO STATES. ums as a result of their increasing use by the graph shall be reduced ratably. Section 231 of the Library Services and public; and ‘‘(C) EXCEPTION.— Technology Act (20 U.S.C. 9141) is amended— ‘‘(6) to support resource sharing and part- ‘‘(i) IN GENERAL.—Notwithstanding sub- (1) in subsection (a), by striking para- nerships among museums, libraries, schools, paragraph (A), if the sum appropriated under graphs (1) and (2) and inserting the following: and other community organizations.’’. the authority of section 214 and not reserved ‘‘(1) expanding services for learning and ac- SEC. 302. DEFINITIONS. under subsection (a) for any fiscal year excess to information and educational re- Section 272(1) of the Museum and Library ceeds the aggregate of the allotments for all sources in a variety of formats, in all types Services Act (20 U.S.C. 9172(1)) is amended by States under this subsection for fiscal year of libraries, for individuals of all ages; adding at the end the following: ‘‘Such term 2002— ‘‘(2) developing library services that pro- includes aquariums, arboretums, botanical ‘‘(I) the minimum allotment for each State vide all users access to information through gardens, art museums, children’s museums, otherwise receiving a minimum allotment of local, State, regional, national, and inter- general museums, historic houses and sites, $340,000 under subparagraph (A) shall be in- national electronic networks; history museums, nature centers, natural creased to $680,000; and ‘‘(3) providing electronic and other link- history and anthropology museums, plan- ‘‘(II) the minimum allotment for each ages among and between all types of librar- etariums, science and technology centers, State otherwise receiving a minimum allot- ies; specialized museums, and zoological parks.’’.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5375 SEC. 303. MUSEUM SERVICES ACTIVITIES. in section 7207 of the Native Hawaiian Edu- brary Services Act (20 U.S.C. 9171 et seq.) is Section 273 of the Museum and Library cation Act (20 U.S.C. 7517)) to enable such amended to read as follows: Services Act (20 U.S.C. 9173) is amended to tribes and organizations to carry out the ac- ‘‘Subtitle C—Museum Services’’. tivities described in subsection (a).’’. read as follows: (e) CONTRIBUTIONS.—Section 208 of the Mu- ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES. SEC. 304. REPEALS. seum and Library Services Act (20 U.S.C. ‘‘(a) IN GENERAL.—The Director, subject to Sections 274 and 275 of the Museum and Li- 9106) (as redesignated by section 104 of this the policy advice of the Museum and Library brary Services Act (20 U.S.C. 9174 and 9175) Act) is amended by striking ‘‘property of Services Board, may enter into arrange- are repealed. services’’ and inserting ‘‘property or serv- ments, including grants, contracts, coopera- SEC. 305. AUTHORIZATION OF APPROPRIATIONS. ices’’. tive agreements, and other forms of assist- Section 276 of the Museum and Library (f) STATE PLAN CONTENTS.—Section ance to museums and other entities as the Services Act (20 U.S.C. 9176)— 224(b)(5) of the Library Services and Tech- Director considers appropriate, to pay for (1) is redesignated as section 274 of such nology Act (20 U.S.C. 9134(b)(5)) is amended the Federal share of the cost— Act; and by striking ‘‘and’’ at the end. ‘‘(1) to support museums in providing (2) is amended, in subsection (a), by strik- (g) NATIONAL LEADERSHIP GRANTS, CON- learning and access to collections, informa- ing ‘‘$28,700,000 for the fiscal year 1997, and TRACTS, OR COOPERATIVE AGREEMENTS.—Sec- tion, and educational resources in a variety such sums as may be necessary for each of tion 262(b)(1) of the Library Services and of formats (including exhibitions, programs, the fiscal years 1998 through 2002.’’ and in- Technology Act (20 U.S.C. 9162(b)(1)) is publications, and websites) for individuals of serting ‘‘$65,000,000 for fiscal year 2003 and amended by striking ‘‘cooperative agree- all ages; such sums as may be necessary for fiscal ments, with,’’ and inserting ‘‘cooperative ‘‘(2) to support museums in building learn- years 2004 through 2008.’’. agreements with,’’. ing partnerships with the Nation’s schools TITLE IV—NATIONAL COMMISSION ON LI- SEC. 502. CONFORMING AMENDMENT. and developing museum resources and pro- BRARIES AND INFORMATION SCIENCE Section 170(e)(6)(B)(i)(III) of the Internal grams in support of State and local school ACT Revenue Code of 1986 (relating to the special curricula; SEC. 401. AMENDMENT TO CONTRIBUTIONS. rule for contributions of computer tech- ‘‘(3) to support museums in assessing, con- Section 4 of the National Commission on nology and equipment for educational pur- serving, researching, maintaining, and ex- Libraries and Information Science Act (20 poses) is amended by striking ‘‘section hibiting their collections, and in providing U.S.C. 1503) is amended by striking ‘‘accept, 213(2)(A) of the Library Services and Tech- educational programs to the public through hold, administer, and utilize gifts, bequests, nology Act (20 U.S.C. 9122(2)(A)’’ and insert- the use of their collections; and devises of property,’’ and inserting ‘‘so- ing ‘‘section 213(1)(A) of the Library Services ‘‘(4) to stimulate greater collaboration licit, accept, hold, administer, invest in the and Technology Act (20 U.S.C. 9122(1)(A))’’. among museums, libraries, schools, and name of the United States, and utilize gifts, SEC. 503. REPEALS. other community organizations in order to bequests, and devises of services or prop- (a) NATIONAL COMMISSION ON LIBRARIES AND share resources and strengthen communities; erty,’’. INFORMATION SCIENCE ACT.—Section 5 of the ‘‘(5) to encourage the use of new tech- SEC. 402. AMENDMENT TO MEMBERSHIP. National Commission on Libraries and Infor- nologies and broadcast media to enhance ac- Section 6(a) of the National Commission on mation Science Act (20 U.S.C. 1504) is amend- cess to museum collections, programs, and Libraries and Information Science Act (20 ed by striking subsections (b) and (c) and re- services; U.S.C. 1505(a)) is amended— designating subsections (d), (e), and (f) as ‘‘(6) to support museums in providing serv- (1) in the second sentence, by striking ‘‘and subsections (b), (c), and (d), respectively. ices to people of diverse geographic, cultural, at least one other of whom shall be knowl- (b) MUSEUM AND LIBRARY SERVICES ACT OF and socioeconomic backgrounds and to indi- edgeable with respect to the library and in- 1996.—Sections 704 through 707 of the Mu- viduals with disabilities; formation service and science needs of the seum and Library Services Act of 1996 (20 ‘‘(7) to support museums in developing and elderly’’; U.S.C. 9102 note, 9103 note, and 9105 note) are carrying out specialized programs for spe- (2) by amending the fourth sentence to repealed. cific segments of the public, such as pro- read as follows: ‘‘A majority of members of SEC. 504. EFFECTIVE DATE. grams for urban neighborhoods, rural areas, the Commission who have taken office and The amendments made by this Act shall Indian reservations, and State institutions; are serving on the Commission shall con- take effect on October 1, 2002. ‘‘(8) to support professional development stitute a quorum for conduct of business at and technical assistance programs to en- official meetings of the Commission’’; and By Mr. REID (for himself and Mr. hance museum operations at all levels, in (3) in the fifth sentence, by striking ‘‘five ENSIGN): order to ensure the highest standards in all years, except that’’ and all that follows S. 2612. A bill to establish wilderness aspects of museum operations; through the period and inserting ‘‘five years, areas, promote conservation, improve ‘‘(9) to support museums in research, pro- except that— public land and provide for high qual- ‘‘(1) a member of the Commission ap- gram evaluation, and the collection and dis- ity development in Clark County, Ne- semination of information to museum pro- pointed to fill a vacancy occurring prior to fessionals and the public; and the expiration of the term for which the vada, and for other purposes; to the ‘‘(10) to encourage, support, and dissemi- member’s predecessor was appointed, shall Committee on Energy and Natural Re- nate model programs of museum and library be appointed only for the remainder of such sources. collaboration. term; and Mr. REID. Mr. President, today I rise ‘‘(b) FEDERAL SHARE.— ‘‘(2) any member of the Commission may with my good friend Senator ENSIGN to ‘‘(1) 50 PERCENT.—Except as provided in continue to serve after an expiration of the introduce a bill that is important to paragraph (2), the Federal share described in member’s term of office until such member’s Las Vegas, important to Clark County, subsection (a) shall be not more than 50 per- successor is appointed, has taken office, and important to Nevada, and important to cent. is serving on the Commission.’’. America. The Clark County Conserva- ‘‘(2) GREATER THAN 50 PERCENT.—The Direc- TITLE V—TECHNICAL CORRECTIONS; tor may use not more than 20 percent of the CONFORMING AMENDMENT; REPEALS; tion of Public Land and Natural Re- funds made available under this subtitle for EFFECTIVE DATE sources Act of 2002, known as the Clark a fiscal year to enter into arrangements SEC. 501. TECHNICAL CORRECTIONS. County Conservation PLAN, provides a under subsection (a) for which the Federal (a) TITLE HEADING.—The title heading for solution for southern Nevada’s growth share may be greater than 50 percent. the Museum and Library Services Act (20 and conservation challenges. ‘‘(3) OPERATIONAL EXPENSES.—No funds for U.S.C. 9101 et seq.) is amended to read as fol- The Clark County Conservation operational expenses may be provided under lows: PLAN balances the needs for infra- this section to any entity that is not a mu- ‘‘TITLE II—MUSEUM AND LIBRARY structure development, recreational seum. SERVICES’’. opportunities, and conservation of our ‘‘(c) REVIEW AND EVALUATION.—The Direc- (b) SUBTITLE A HEADING.—The subtitle tor shall establish procedures for reviewing precious natural resources in southern heading for subtitle A of the Museum and Li- and evaluating arrangements described in Nevada. brary Services Act (20 U.S.C. 9101 et seq.) is subsection (a) entered into under this sub- Our bill is a broad-based compromise. amended to read as follows: title. Procedures for reviewing such arrange- We do not expect everyone to advocate ments shall not be subject to any review out- ‘‘Subtitle A—General Provisions’’. every provision of this bill. Indeed, we side of the Institute. (c) SUBTITLE B HEADING.—The subtitle know that many people will oppose ‘‘(d) SERVICES FOR NATIVE AMERICANS.— heading for subtitle B of the Museum and Li- brary Services Act (20 U.S.C. 9121 et seq.) is various components of our legislation. From amounts appropriated under section The complaints we receive will reflect 274, the Director shall reserve 1.75 percent to amended to read as follows: award grants to, or enter into contracts or ‘‘Subtitle B—Library Services and the tendency for people to fear change, cooperative agreements with, Indian tribes Technology’’. protect the status quo, and miss the and to organizations that primarily serve (d) SUBTITLE C HEADING.—The subtitle forest for the trees in this case, the and represent Native Hawaiians (as defined heading for subtitle C of the Museum and Li- Joshua trees.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5376 CONGRESSIONAL RECORD — SENATE June 11, 2002 Before I discuss each title of the protection of public land in Clark Nevada has nearly 100 wilderness Clark County Conservation PLAN, I County. study areas on Federal land across the will take a few moments to describe The Clark County Conservation State. These areas, which are primarily the profound challenge that public land PLAN reflects three complementary owned by the Bureau of Land Manage- issues pose for Nevada. 87 percent of goals: 1. Enhancing our quality of life; ment, are managed to protect wilder- the land in Nevada, that is nearly 9 out 2. Protecting our environment for our ness character of the lands under cur- of every 10 acres in our State, is owned children and grandchildren; and 3. rent law. These areas remain as de and managed by the Federal Govern- Making public land available for qual- facto wilderness until Congress passes ment. This includes land managed by ity development consistent with these a bill changing wilderness study status the U.S. Forest Service, the Bureau of two principles. by either designating the land as wil- Reclamation, the Bureau of Land Man- The remainder of my statement derness or releasing the land from wil- agement, the Department of Energy, today will explain how the Clark Coun- derness study area consideration. the National Park Service, the Fish ty Conservation PLAN will improve Although there is broad support for and Wildlife Service, the U.S. Army, the quality of life and enhance eco- addressing Nevada’s wilderness study the U.S. Navy, and the U.S. Air Force. nomic opportunities for Nevadans areas through federal legislation, there The Secretaries of Interior, Agri- while enriching and protecting the is no consensus regarding how to do so. culture, Defense and Energy bear tre- awe-inspiring natural resources that Those who advocate for wilderness des- mendous responsibilities for the man- bless southern Nevada for the benefit ignation and those who oppose further agement, development, and conserva- of future generations of Nevadans and additions to the wilderness system hold tion of natural resources in Nevada. all Americans. strong and, in many cases, irreconcil- Unlike most of America where land use When Congress passed the Southern able views on this issue. decisions are made by communities, in Nevada Public Lands Management Act Those of us who wrote this bill like- Nevada, many land use decisions rein 1998, we made the decision that it wise hold different views regarding wil- quire concurrence of Federal officials was in the public interest to transition derness. In developing the wilderness and, in some cases, the passage of Fed- away from Federal-private land ex- component of this bill, Senator ENSIGN, Congressman GIBBONS and I made com- eral laws. This is a circumstance that changes and competitively auction promises that will likely cause heart- very few Senators understand from ex- those parcels of land deemed by the burn for all interested parties. We be- perience, but I know that my col- BLM to be disposable. This decision lieve, however, that this is a critical leagues can imagine the tremendous has proven to be quite effective and step toward addressing the outstanding challenge inherent in this system re- fair and likely represents the future of wilderness study issues in the state of gardless of the State they represent. land privatization in Nevada and the The challenge of Federal land owner- West. However, at the time the law was Nevada. Our bill designates wilderness ship is not unique to Nevada, in fact it enacted, Congress did contemplate that and releases wilderness study areas. It creates 20 wilderness areas: 6 managed characterizes much of the West. How- a limited number of ongoing land ex- by the BLM; 4 jointly managed by the ever, this situation is compounded in changes would be completed. One of Park Service and BLM; 7 managed by Clark County where the fastest grow- these exchanges is familiarly known as the Park Service; and 3 jointly man- ing population in America springs from the Red Rock Canyon Howard Hughes aged by the BLM and the Forest Serv- the heart of one of the most extreme exchange. This exchange would be com- ice and fragile regions in North America, pleted by Title I of the Clark County In addition to the wilderness de- the Mojave Desert. Conservation PLAN. scribed earlier, our bill releases from Many people believe that this sce- In the Red Rock Exchange, the Bu- wilderness study area status acreage nario embodies an impossible chal- reau of Land Management will acquire associated with each of the BLM and lenge. Some believe that guiding roughly 1,070 acres of land owned by forest service areas we address. In fact, growth in Southern Nevada and pro- the Howard Hughes Corporation. This we release three BLM study areas in tecting our desert for future genera- land forms promontories above the their entirety. Two of these areas will tions are mutually exclusive. Some be- gently-sloping bajada in the foothills eventually accommodate growth at the lieve that protecting our air and water of the La Madre Mountains on the north end of the Las Vegas Valley and quality and setting aside some open western border of the Red Rock Canyon help provide jobs for decades into the space as wilderness are overly costly National Conservation Area. This acre- future. These lands might be conserv- barriers to growth that unnecessarily age affords spectacular views of the atively valued at about $1 billion. restrict recreation and development. Las Vegas Valley but development We have provided for wilderness man- Some believe that the Federal Govern- there would degrade the Red Rock NCA agement protocols that address the ment’s management of public land is and diminish the beauty of the view particular circumstances of southern too strict; others believe it is too le- from Las Vegas to the west, a view Nevada. For example, we explicitly re- nient. Some believe that every acre of many Las Vegans treasure. quire the Secretary of the Interior to Clark County should be privatized. This bill provides that the lands I allow for the construction, mainte- Some believe that not a single acre have described will become part of the nance and replacement of water more should be auctioned from the Red Rock NCA once acquired by the catchments known as guzzlers when public domain. As different as these federal government. In exchange for and where that action will enhance wil- views are, what they have in common the Red Rock lands, the Howard derness wildlife resources. In addition, is that they are passionately held by Hughes Corporation will receive acre- we believe that the use of motor vehi- Nevadans. age of equal value, as determined by a cles should be allowed to achieve these By describing the fundamental con- government-certified appraiser, within purposes when there is no reasonable text within which Senator ENSIGN and the Las Vegas Valley. Finally, the alternative and it does not require the I are working, I hope I have dem- Howard Hughes Corporation will con- creation of new roads. onstrated why compromise is not just vey some of their acquired acreage to Some wilderness purists argue that necessary but warranted. We fully ex- Clark County for use as a county park these man-made guzzler tanks disturb pect to be criticized for what this bill and for inclusion in a regional trail the naturally functioning ecosystems is not, for example it does not des- system. As I mentioned earlier, this of the Mojave Desert. I respect this ignate all of the 2 million acres in proposal has been around for a number view, but I believe that these water Clark County that the Nevada Wilder- of years and enjoys unusually broad projects actually help restore more ness Coalition advocates nor does it re- support ranging from the County to natural function to ecosystems that lease all the wilderness study areas in the environmental community. The have been forever fragmented by devel- Nevada as others advocate. We do not time when this exchange should have opment including roads. These projects need to apologize for this compromise, reached completion through the ad- which are privately funded by dedi- rather we will advocate for what it is, ministrative process has long since cated sportsmen have a legitimate a fair-minded, forward-looking frame- passed and a legislative resolution is place in southern Nevada wilderness work for the future development and now in order. and this bill is clear on that point.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5377 In our effort to create a fair wilder- land, the development of Federal land and natural resource conservation our ness designation, we have benefitted infrastructure, the implementation of grandchildren will value dearly one from the advice and suggestions of the Clark County Multi-Species Habi- day. many Nevadans representing a range of tat Conservation Plan, and local gov- The sheer number of public lands bill views. These advocates include the Ne- ernment open space, recreation and requests Senator ENSIGN and I receive vada Land Users Coalition, The Sierra conservation projects. Our bill further is staggering. If we chose to introduce Club, The Virgin Valley Sportsmen’s provides that at least one-quarter of stand-alone legislation to address each Association, The Nevada Wilderness the Special Account be dedicated to legitimate issue that constituents Project, The Fraternity of Desert Big- the last of these purposes. bring to our attention, we would create horns, the Nevada Mining Association, One of the most important infra- an awkward patchwork of new Federal Red Rock Audubon, and Partners in structure issues facing southern Ne- laws. In the Clark County Conservation Conservation, to name just a few. We vada is siting a new international air- PLAN, we have attempted to provide a appreciate their help and believe that port. The County’s preferred and likely comprehensive vision and framework this compromise honors our commit- site is in a dry lake bed between Jean for conservation and development in ment to listen carefully to all parties. and Primm, Nevada south of the Las southern Nevada by balancing com- We are also grateful for the help we Vegas Valley in the Interstate 15 trans- peting interests. have received from the Federal land portation corridor near the California The final title of our bill includes a managers in Clark County and look border. Congress made federal land at select few of the many important pub- forward to working with them to im- that site available for use as an air- lic interest land conveyances. For ex- prove this bill to help make their jobs port, pending environmental reviews. ample, we include two land grants to easier and the public experience on The Clark County Conservation further the higher education mission of public land better. PLAN complements that law in two Nevada’s university system. One pro- Early in the development of this bill important ways. First, our bill conveys vides land to the UNLV research foun- we decided not to address wilderness federal land adjacent to the proposed dation for the development of a tech- issues within the Desert National Wild- airport to the Clark County Airport nology park. The other provides land life Range. I recognize that this is a Authority so that it can promote com- for the planned Henderson State Col- major disappointment to many in the patible development within the area lege. environmental community who view impacted by the noise of the airport. We convey a small active shooting the wilderness resources in the Range Any proceeds derived from sale of these range to the Las Vegas Metropolitan as some of the best in the Mojave Airport Authority lands would be dis- Police Department for training pur- Desert. Wilderness in the Range is, tributed similarly to lands sold within poses. We grant a modest parcel of land however, beyond the scope of this bill. the Las Vegas Valley Disposal Bound- to the City of Las Vegas for the devel- The Clark County Conservation ary. opment of affordable housing. We pro- PLAN does transfer the management Second, our bill directs the Bureau of vide for the conveyance of the Sunrise responsibility of three wilderness study Land Management to reserve a right- Landfill from the Bureau of Land Man- areas, totaling more than 49,000 acres, of-way for non-exclusive utility and agement to Clark County pending com- from the Bureau of Land Management transportation corridors between the pletion of the environmental clean-up to the Fish and Wildlife Service. These Las Vegas valley and the proposed air- at the site. We convey park and open areas lie between State Highway 93 and port. This corridor is important be- space land to the City of Henderson the Range so this transfer helps ration- cause for the new airport to remain ec- and provide for a cooperatively man- alize the federal land ownership pat- onomical will require significant util- aged zone comprised of federal land tern in northern Clark County. ity development to come from the around Henderson Executive airport. In addition, this bill transfers a small north. Our bill does not dictate exactly These are relatively small but impor- parcel of land from the Bureau of Land where, when, how, or by whom this in- tant actions that help our commu- Management to the National Park frastructure will be developed; it sim- nities, law enforcement, and edu- Service for use as an administrative ply reserves land explicitly to serve cational system better serve southern site on the road between Searchlight this purpose. Nevada. and Cottonwood Cove. This transfer One of the most precious areas in The Clark County Conservation will save taxpayer dollars by allowing southern Nevada is a relatively non- PLAN Act that Senator ENSIGN and I the Park Service to consolidate two descript canyon near Henderson. It is introduce today promises a better to- planned administrative sites into one an area graced with hundreds of won- morrow for our public lands in south- and manage the Lake Mead National derful and curious petroglyphs. Under ern Nevada, for the more than 1.5 mil- Recreation Area more effectively. ordinary circumstances, I would not re- lion people who call Clark County When Congress passed the Southern veal the location of this site because home, and for the millions of Ameri- Nevada Public Lands Management Act public knowledge of prehistoric rock cans who visit southern Nevada every of 1998, it established a new paradigm art sites commonly leads to their de- year. This constructive compromise for the sale of public lands in Clark struction. In this case, however, this provides land for development, land County, Nevada. One of the core prin- canyon is in desperate need of protec- grants for public purposes, wilderness ciples of this new way of doing business tion because it is within a short walk for conservation in perpetuity, and a was that the proceeds from the sale of of the Las Vegas valley. Similar renew national conservation area to cele- Federal lands should be reinvested in sources elsewhere in the desert South- brate and protect the wonderful nat- federal, state, and local environmental west have been destroyed by urban ural and cultural resources of the protection and recreational enhance- growth and lack of intensive manage- North McCullough Mountains includ- ments in the state in which the lands ment. ing the Sloan petroglyph site. are sold. The Clark County Conservation Senator ENSIGN and I have been The Clark County Conservation PLAN designates the Sloan working on this bill since he came to PLAN Act modifies the Southern Ne- petroglyphs site and the area that com- the Senate a year and a half ago. We vada Public Lands Management Act prises most of its watershed as the are proud of the progress we’ve made and expands the so-called Las Vegas North McCullough Mountains Wilder- together and with Congressman GIB- valley disposal boundary. This expan- ness. This wilderness combined with BONS and believe that this public lands sion will make an additional 25,000 about 32,000 acres of open space com- bill should serve as a model for bipar- acres of BLM land available for auction prises the proposed Sloan Canyon Na- tisan cooperation and constructive and development years into the future. tional Conservation Area. The NCA and compromise. We look forward to work- The proceeds from the sale of this Fed- wilderness will provide critical protec- ing with Chairman BINGAMAN and the eral land will continue to accrue to the tion for the Sloan petroglyphs, pre- Energy and Natural Resources Com- Southern Nevada Public Lands Special serve open space near Henderson’s rap- mittee to perfect this bill so that we Account and be invested in the pur- idly growing neighborhoods and to- can enact the Clark County Conserva- chase of environmentally sensitive gether represent a legacy of cultural tion PLAN into law this year.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5378 CONGRESSIONAL RECORD — SENATE June 11, 2002 I ask unanimous consent that the Sec. 708. Open space land grants. National Conservation Area established by text of the bill be printed in the Sec. 709. Relocation of right-of-way corridor section 3(a) of the Red Rock Canyon Na- RECORD. located in Clark and Lincoln tional Conservation Area Establishment Act There being no objection, the bill was Counties in the State of Ne- of 1990 (16 U.S.C. 460ccc–1(a)). vada. (2) CORPORATION.—The term ‘‘Corporation’’ ordered to be printed in the RECORD, as means the Howard Hughes Corporation, an follows: SEC. 2. DEFINITIONS. In this Act: affiliate of the Rouse Company, which has S. 2612 (1) AGREEMENT.—The term ‘‘Agreement’’ its principal place of business at 10000 West Be it enacted by the Senate and House of Rep- means the Agreement entitled ‘‘Interim Co- Charleston Boulevard, Las Vegas, Nevada. resentatives of the United States of America in operative Management Agreement Between (3) FEDERAL PARCEL.—The term ‘‘Federal Congress assembled, the United States Department of the Inte- parcel’’ means the approximately 1000 acres SECTION 1. SHORT TITLE; TABLE OF CONTENTS. rior-Bureau of Land Management and Clark of Federal land in the State proposed to be exchanged for the non-Federal parcel, as de- (a) SHORT TITLE.—This Act may be cited as County’’, dated November 4, 1992. the ‘‘Clark County Conservation of Public (2) COUNTY.—The term ‘‘County’’ means picted on the map. Land and Natural Resources Act of 2002’’. Clark County, Nevada. (4) MAP.—The term ‘‘Map’’ means the map (b) TABLE OF CONTENTS.—The table of con- (3) SECRETARY.—The term ‘‘Secretary’’ entitled ‘‘Southern Nevada Public Land tents of this Act is as follows: means— Management Act’’, dated June 10, 2002. (A) in the case of land in the National For- (5) NON-FEDERAL PARCEL.—The term ‘‘non- Sec. 1. Short title; table of contents. Federal parcel’’ means the approximately Sec. 2. Definitions. est System, the Secretary of Agriculture; and 1,085 acres of non-Federal land in the State TITLE I—RED ROCK CANYON NATIONAL (B) in the case of land not in the National owned by the Corporation that is proposed to CONSERVATION AREA LAND EX- Forest System, the Secretary of the Interior. be exchanged for the Federal parcel, as de- CHANGE AND BOUNDARY ADJUSTMENT (4) STATE.—The term ‘‘State’’ means the picted on the Map. Sec. 101. Short title. State of Nevada. (6) SECRETARY.—The term ‘‘Secretary’’ Sec. 102. Findings and purposes. means the Secretary of the Interior. TITLE I—RED ROCK CANYON NATIONAL Sec. 103. Definitions. SEC. 104. RED ROCK CANYON LAND EXCHANGE. Sec. 104. Red Rock Canyon land exchange. CONSERVATION AREA LAND EXCHANGE AND BOUNDARY ADJUSTMENT (a) IN GENERAL.—The Secretary shall ac- Sec. 105. Status and management of accept an offer of the Corporation to convey all SEC. 101. SHORT TITLE. quired land. right, title, and interest in the non-Federal Sec. 106. General provisions. This title may be cited as the ‘‘Red Rock parcel to the United States in exchange for TITLE II—WILDERNESS AREAS Canyon National Conservation Area Protec- the Federal parcel. tion and Enhancement Act of 2002’’. Sec. 201. Findings. (b) CONVEYANCE.—Not later than 60 days Sec. 202. Additions to National Wilderness SEC. 102. FINDINGS AND PURPOSES. after the date on which the Corporation Preservation System. (a) FINDINGS.—Congress finds that— makes an offer under subsection (a), the Sec- Sec. 203. Administration. (1) the Red Rock Canyon National Con- retary shall convey— Sec. 204. Adjacent management. servation Area is a natural resource of major (1) a portion of the Federal parcel, depicted Sec. 205. Overflights. significance to the people of the State and on the Map as ‘‘Public land selected for ex- Sec. 206. Native American cultural and reli- the United States, and must be protected change’’ to the Corporation; and gious uses. and enhanced for the enjoyment of future (2) subject to subsection (f), a portion of Sec. 207. Release of wilderness study areas. generations; the Federal parcel, depicted on the Map as Sec. 208. Wildlife management. (2) in 1990, Congress enacted the Southern ‘‘Proposed BLM transfer for County park’’, Sec. 209. Wildfire management. Red Rock Canyon National Conservation to the County. Sec. 210. Climatological data collection. Area Establishment Act of 1990 (16 U.S.C. (c) VALUATION.—An appraiser approved by Sec. 211. Authorization of appropriations. 460ccc et seq.), which provides for the protec- the Secretary shall determine— TITLE III—TRANSFERS OF tion and enhancement of the conservation (1) the value and exact acreage of the Fed- ADMINISTRATIVE JURISDICTION area; eral parcel; and (3) the Howard Hughes Corporation, which Sec. 301. Transfer of administrative jurisdic- (2) the value of the non-Federal parcel. owns much of the private land outside the tion to the United States Fish (d) TIMING.—The exchange of the Federal eastern boundary of the conservation area, is and Wildlife Service. parcel and the non-Federal parcel under this developing a large-scale master-planned Sec. 302. Transfer of administrative jurisdic- section shall occur concurrently. community on the land; tion to the National Park Serv- (e) MAP.— (4) included in the land holdings of the Cor- ice. (1) REVISION.—As soon as practicable after poration are 1,087 acres of high-ground land the date of enactment of this Act, the Sec- TITLE IV—AMENDMENTS TO THE SOUTH- adjacent to the eastern edge of the conserva- retary shall prepare a revised map reflecting ERN NEVADA PUBLIC LAND MANAGE- tion area that were originally intended to be the modifications to the boundary of the MENT ACT included in the conservation area, but as of conservation area under this section. Sec. 401. Disposal and exchange. the date of enactment of this Act, have not (2) PUBLIC AVAILABILITY.—A copy of the TITLE V—IVANPAH CORRIDOR been acquired by the United States; Map and the revised map shall be on file and Sec. 501. Interstate Route 15 south corridor. (5) the protection of the high-ground land available for public inspection in— would preserve an important element of the (A) the Office of the Director of the Bureau TITLE VI—SLOAN CANYON NATIONAL western Las Vegas Valley viewshed; and of Land Management; CONSERVATION AREA (6) the Corporation is willing to convey (B) the Office of the State Director of the Sec. 601. Short title. title to the high-ground land to the United Bureau of Land Management of the State; Sec. 602. Purpose. States so that the land can be preserved to and Sec. 603. Definitions. protect and expand the boundaries of the (C) the Las Vegas District Office of the Bu- Sec. 604. Establishment. conservation area. reau of Land Management. Sec. 605. Management. (b) PURPOSES.—The purposes of this title (3) TECHNICAL CORRECTIONS.—The Secretary Sec. 606. Sale of Federal parcel. are— may correct clerical and typographical er- Sec. 607. Authorization of appropriations. (1) to authorize the United States to ex- rors in the Map and the revised map. TITLE VII—PUBLIC INTEREST change Federal land for the non-Federal land (f) LAND TRANSFERRED TO COUNTY.— CONVEYANCES of the Corporation referred to in subsection (1) IN GENERAL.—The portion of the Federal Sec. 701. Definition of map. (a)(6); parcel conveyed to the County under sub- Sec. 702. Conveyance to the University of (2) to protect and enhance the conservation section (b)(2) shall be used by the County Nevada at Las Vegas Research area; as— Foundation. (3) to expand the boundaries of the con- (A) a public park; or Sec. 703. Conveyance to the Las Vegas Met- servation area; and (B) part of a public regional trail system. ropolitan Police Department. (4) to carry out the purposes of— (2) REVERSION.—The portion of the Federal Sec. 704. Conveyance to the city of Hender- (A) the Red Rock Canyon National Con- parcel conveyed to the County shall revert son for the Nevada State Col- servation Area Establishment Act of 1990 (16 to the United States if the County— lege at Henderson. U.S.C. 460ccc et seq.); and (A) transfers, or attempts to transfer, the Sec. 705. Conveyance to the city of Las (B) the Southern Nevada Public Land Man- portion of the Federal parcel; or Vegas, Nevada. agement Act of 1998 (Public Law 105–263; 112 (B) uses the portion of the Federal parcel Sec. 706. Henderson Economic Development Stat. 2343). in a manner inconsistent with paragraph (1). Zone. SEC. 103. DEFINITIONS. SEC. 105. STATUS AND MANAGEMENT OF AC- Sec. 707. Conveyance of Sunrise Mountain In this title: QUIRED LAND. landfill to Clark County, Ne- (1) CONSERVATION AREA.—The term ‘‘con- (a) ADMINISTRATION.—The non-Federal par- vada. servation area’’ means the Red Rock Canyon cel acquired by the United States in the land

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5379 exchange under section 104 shall be added to, 14,625 acres, as generally depicted on the map entitled ‘‘El Dorado/Spirit Mountain’’, dated and administered by the Secretary as part entitled ‘‘Muddy Mountains’’, dated June 5, June 10, 2002, which shall be known as the of, the conservation area in accordance 2002, which shall be known as the ‘‘Black ‘‘Nellis Wash Wilderness’’. with— Mountain Wilderness’’. (15) NORTH MCCULLOUGH WILDERNESS.—Cer- (1) the Red Rock Canyon National Con- (4) BRIDGE CANYON WILDERNESS.—Certain tain Federal land managed by the Bureau of servation Area Establishment Act of 1990 (16 Federal land within the Lake Mead National Land Management, comprising approxi- U.S.C. 460ccc et seq.); Recreation Area, comprising approximately mately 14,763 acres, as generally depicted on (2) the Southern Nevada Public Land Man- 7,761 acres, as generally depicted on the map the map entitled ‘‘McCulloughs’’, dated June agement Act of 1998 (Public Law 105–263; 112 entitled ‘‘El Dorado/Spirit Mountain’’, dated 10, 2002, which shall be known as the ‘‘North Stat. 2343); and June 10, 2002, which shall be known as the McCullough Wilderness’’. (3) other applicable law. ‘‘Bridge Canyon Wilderness’’. (16) PINE CREEK WILDERNESS.—Certain Fed- (b) BOUNDARY ADJUSTMENT.—If any part of (5) EL DORADO WILDERNESS.—Certain Fed- eral land within the Toiyabe National Forest the non-Federal parcel acquired under sec- eral land within the Lake Mead National and an adjacent portion of Federal land man- tion 104 lies outside the boundary of the con- Recreation Area and an adjacent portion of aged by the Bureau of Land Management, servation area, the Secretary— Federal land managed by the Bureau of Land comprising approximately 25,375 acres, as (1) shall adjust the boundary of the con- Management, comprising approximately generally depicted on the map entitled servation area to include that part of the 31,950 acres, as generally depicted on the map ‘‘Spring Mountains’’, dated June 5, 2002, non-Federal parcel; and entitled ‘‘El Dorado/Spirit Mountain’’, dated which shall be known as the ‘‘Pine Creek (2) shall prepare a map depicting the June 10, 2002, which shall be known as the Wilderness’’. boundary adjustment, which shall be on file ‘‘El Dorado Wilderness’’. (17) PINTO VALLEY WILDERNESS.—Certain and available for public inspection in accord- (6) HAMBLIN MOUNTAIN WILDERNESS.—Cer- Federal land within the Lake Mead National ance with section 104(e)(2). tain Federal land within the Lake Mead Na- Recreation Area and an adjacent portion of (c) CONFORMING AMENDMENT.—Section tional Recreation Area, comprising approxi- Federal land managed by the Bureau of Land 3(a)(2) of the Red Rock Canyon National Con- mately 17,047 acres, as generally depicted on Management, comprising approximately servation Area Establishment Act of 1990 (16 the map entitled ‘‘Muddy Mountains’’, dated 6,912 acres, as generally depicted on the map U.S.C. 460ccc–1(a)(2)) is amended by inserting June 5, 2002, which shall be known as the entitled ‘‘Muddy Mountains’’, dated June 5, before the period at the end the following: ‘‘Hamblin Mountain Wilderness’’. 2002, which shall be known as the ‘‘Pinto ‘‘and such additional areas as are included in (7) IRETEBA PEAKS WILDERNESS.—Certain Valley Wilderness’’. the conservation area under the Red Rock Federal land within the Lake Mead National (18) SOUTH MCCULLOUGH WILDERNESS.—Cer- Canyon National Conservation Area Protec- Recreation Area and an adjacent portion of tain Federal land managed by the Bureau of tion and Enhancement Act of 2002, the exact Federal land managed by the Bureau of Land Land Management, comprising approxi- acreage of which shall be determined by a Management, comprising approximately mately 44,245 acres, as generally depicted on final appraisal conducted by an appraiser ap- 31,321 acres, as generally depicted on the map the map entitled ‘‘McCulloughs’’, dated June proved by the Secretary’’. entitled ‘‘El Dorado/Spirit Mountain’’, dated 10, 2002, which shall be known as the ‘‘South June 10, 2002, which shall be known as the SEC. 106. GENERAL PROVISIONS. McCullough Wilderness’’. ‘‘Ireteba Peaks Wilderness’’. (a) VALID EXISTING RIGHTS.—Each convey- (19) SPIRIT MOUNTAIN WILDERNESS.—Certain (8) JIMBILNAN WILDERNESS.—Certain Fed- ance under section 104 shall be subject to Federal land within the Lake Mead National eral land within the Lake Mead National valid existing rights, leases, rights-of-way, Recreation Area and an adjacent portion of Recreation Area, comprising approximately and permits. Federal land managed by the Bureau of Land 18,879 acres, as generally depicted on the map (b) WITHDRAWAL OF AFFECTED LAND.—Sub- Management, comprising approximately entitled ‘‘Muddy Mountains’’, dated June 5, ject to valid existing rights, the Secretary 34,261 acres, as generally depicted on the map 2002, which shall be known as the ‘‘Jimbilnan may withdraw the Federal parcel from oper- entitled ‘‘El Dorado/Spirit Mountain’’, dated Wilderness’’. ation of the public land laws (including min- June 10, 2002, which shall be known as the (9) JUMBO SPRINGS WILDERNESS.—Certain ing laws). ‘‘Spirit Mountain Wilderness’’. Federal land managed by the Bureau of Land EE THUMP JOSHUA TREE WILDERNESS.— TITLE II—WILDERNESS AREAS Management, comprising approximately (20) W SEC. 201. FINDINGS. 4,631 acres, as generally depicted on the map Certain Federal land managed by the Bureau Congress finds that— entitled ‘‘Gold Butte’’, dated June 5, 2002, of Land Management, comprising approxi- (1) public land in the County contains which shall be known as the ‘‘Jumbo Springs mately 6,050 acres, as generally depicted on unique and spectacular natural resources, in- Wilderness’’. the map entitled ‘‘McCulloughs’’, dated June 10, 2002, which shall be known as the ‘‘Wee cluding— (10) LA MADRE MOUNTAIN WILDERNESS.—Cer- (A) priceless habitat for numerous species tain Federal land within the Toiyabe Na- Thump Joshua Tree Wilderness’’. of plants and wildlife; and tional Forest and an adjacent portion of Fed- (b) BOUNDARY.—The boundary of any por- (B) thousands of acres of pristine land that eral land managed by the Bureau of Land tion of a wilderness area designated by sub- remain in a natural state; and Management, comprising approximately section (a) that is bordered by Lake Mead, (2) continued preservation of those areas 46,634 acres, as generally depicted on the map Lake Mohave, or the Colorado River shall be would benefit the County and all of the entitled ‘‘Spring Mountains’’, dated June 5, 300 feet inland from the high water line. United States by— 2002, which shall be known as the ‘‘La Madre (c) MAP AND LEGAL DESCRIPTION.— (A) ensuring the conservation of eco- Mountain Wilderness’’. (1) IN GENERAL.—As soon as practicable logically diverse habitat; (11) LIME CANYON WILDERNESS.—Certain after the date of enactment of this Act, the (B) conserving primitive recreational re- Federal land managed by the Bureau of Land Secretary shall file a map and legal descrip- sources; and Management, comprising approximately tion of each wilderness area designated by (C) protecting air and water quality. 16,710 acres, as generally depicted on the map subsection (a) with the Committee on Re- SEC. 202. ADDITIONS TO NATIONAL WILDERNESS entitled ‘‘Gold Butte’’, dated June 5, 2002, sources of the House of Representatives and PRESERVATION SYSTEM. which shall be known as the ‘‘Lime Canyon the Committee on Energy and Natural Re- (a) ADDITIONS.—The following land in the Wilderness’’. sources of the Senate. State is designated as wilderness and as com- (12) MT. CHARLESTON WILDERNESS ADDI- (2) EFFECT.—Each map and legal descrip- ponents of the National Wilderness Preserva- TIONS.—Certain Federal land within the tion shall have the same force and effect as tion System: Toiyabe National Forest and an adjacent if included in this section, except that the (1) ARROW CANYON WILDERNESS.—Certain portion of Federal land managed by the Bu- Secretary may correct clerical and typo- Federal land managed by the Bureau of Land reau of Land Management, comprising ap- graphical errors in the map or legal descrip- Management, comprising approximately proximately 13,598 acres, as generally de- tion. 27,495 acres, as generally depicted on the map picted on the map entitled ‘‘Spring Moun- (3) AVAILABILITY.—Each map and legal de- entitled ‘‘Arrow Canyon’’, dated June 5, 2002, tains’’, dated June 5, 2002, which shall be inscription shall be on file and available for which shall be known as the ‘‘Arrow Canyon cluded in the Mt. Charleston Wilderness. public inspection in (as appropriate)— Wilderness’’. (13) MUDDY MOUNTAINS WILDERNESS.—Cer- (A) the Office of the Director of the Bureau (2) BLACK CANYON WILDERNESS.—Certain tain Federal land within the Lake Mead Na- of Land Management; Federal land within the Lake Mead National tional Recreation Area and an adjacent por- (B) the Office of the State Director of the Recreation Area and an adjacent portion of tion of land managed by the Bureau of Land Bureau of Land Management of the State; Federal land managed by the Bureau of Land Management, comprising approximately (C) the Las Vegas District Office of the Bu- Management, comprising approximately 48,019 acres, as generally depicted on the map reau of Land Management; 17,220 acres, as generally depicted on the map entitled ‘‘Muddy Mountains’’, dated June 5, (D) the Office of the Director of the Na- entitled ‘‘El Dorado/Spirit Mountain’’, dated 2002, which shall be known as the ‘‘Muddy tional Park Service; and June 10, 2002, which shall be known as the Mountains Wilderness’’. (E) the Office of the Chief of the Forest ‘‘Black Canyon Wilderness’’. (14) NELLIS WASH WILDERNESS.—Certain Service. (3) BLACK MOUNTAIN WILDERNESS.—Certain Federal land within the Lake Mead National SEC. 203. ADMINISTRATION. Federal land within the Lake Mead National Recreation Area, comprising approximately (a) WILDERNESS AREA ADMINISTRATION.— Recreation Area, comprising approximately 16,423 acres, as generally depicted on the map Subject to valid existing rights, including

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rights to access the area, each area des- (1) The Garrett Buttes Wilderness Study (1) IN GENERAL.—The Secretary shall per- ignated as wilderness by this title shall be Area. mit hunting, fishing, and trapping on land administered by the Secretary in accordance (2) The Quail Springs Wilderness Study and water in wilderness areas designated by with the provisions of the Wilderness Act (16 Area. this title in accordance with applicable Fed- U.S.C. 1131 et seq.) governing areas des- (3) The Nellis A,B,C Wilderness Study eral and State laws. ignated by that Act as wilderness, except Area. (2) LIMITATIONS.— that any reference in the provisions to the (4) Any portion of the wilderness study (A) REGULATIONS.—The Secretary may des- effective date shall be considered to be a ref- areas— ignate by regulation areas in which, and es- erence to the date of enactment of this Act. (A) not designated as wilderness by section tablish periods during which, for reasons of (b) LIVESTOCK.—Within the wilderness 202(a); and public safety, administration, or compliance areas designated under this title, the grazing (B) designated for release on— with applicable laws, no hunting, fishing, or of livestock in areas in which grazing is al- (i) the map entitled ‘‘Muddy Mountains’’ trapping will be permitted in the wilderness lowed on the date of enactment of this Act and dated June 5, 2002; areas designated by this title. shall be allowed to continue subject to such (ii) the map entitled ‘‘Spring Mountains’’ (B) CONSULTATION.—Except in emergencies, reasonable regulations, policies, and prac- and dated June 5, 2002; the Secretary shall consult with, and obtain tices that— (iii) the map entitled ‘‘Arrow Canyon’’ and the approval of, the appropriate State agen- (1) the Secretary considers necessary; and dated June 5, 2002; cy before promulgating regulations under (2) conform to and implement the intent of (iv) the map entitled ‘‘Gold Butte’’ and subparagraph (A) that close a portion of the Congress regarding grazing in those areas as dated June 5, 2002; wilderness areas to hunting, fishing, or trap- such intent is expressed in— (v) the map entitled ‘‘McCullough Moun- ping. (A) the Wilderness Act (16 U.S.C. 1131 et tains’’ and dated June 10, 2002; seq.); (vi) the map entitled ‘‘El Dorado/Spirit (c) MOTORIZED VEHICLES.— (B) section 101(f) of the Arizona Desert Wil- Mountain’’ and dated June 10, 2002; or (1) IN GENERAL.—The Secretary shall au- derness Act of 1990 (104 Stat. 4473); and (vii) the map entitled ‘‘Southern Nevada thorize the occasional and temporary use of (C) Appendix A of House Report No. 101–405 Public Land Management Act’’ and dated motorized vehicles in the wilderness areas, of the 101st Congress. June 10, 2002. including the uses described in paragraph (2), (c) INCORPORATION OF ACQUIRED LAND AND (b) RELEASE.—Except as provided in sub- if the use of motorized vehicles would— INTERESTS.—Any land or interest in land section (c), any public land described in sub- (A) as determined by the Secretary, en- within the boundaries of an area designated section (a) that is not designated as wilder- hance wilderness values by promoting as wilderness by this title that is acquired by ness by this title— healthy, viable, and more naturally distrib- the United States after the date of enact- (1) shall not be subject to section 603(c) of uted wildlife populations and other natural ment of this Act shall be added to and ad- the Federal Land Policy and Management resources; and ministered as part of the wilderness area Act of 1976 (43 U.S.C. 1782(c)); and (B) accomplish the purposes for which the within which the acquired land or interest in (2) shall be managed in accordance with— use is authorized while causing the least land is located. (A) land management plans adopted under amount of damage to the wilderness areas, (d) AIR QUALITY DESIGNATION.—Notwith- section 202 of that Act (43 U.S.C. 1712); and as compared with the alternatives. standing sections 162 and 164 of the Clean Air (B) the Clark County Multi-Species Habi- (2) AUTHORIZED USES.—The uses referred to Act (42 U.S.C. 7472, 7474), any wilderness area tat Conservation Plan, including any amend- in paragraph (1) include— designated under this title shall retain a ments to the plan. (A) the use of motorized vehicles by— Class II air quality designation and may not (c) LAND NOT RELEASED.—The following (i) a State agency responsible for fish and be redesignated as Class I. land is not released from the wilderness wildlife management; or SEC. 204. ADJACENT MANAGEMENT. study requirements of sections 202 and 603 of (ii) a designee of such a State agency; (a) IN GENERAL.—Congress does not intend the Federal Land Policy and Management (B) the use of aircraft to survey, capture, for the designation of wilderness in the State Act of 1976 (43 U.S.C. 1712, 1782): transplant, and monitor wildlife populations; (1) Meadow Valley Mountains Wilderness pursuant to this title to lead to the creation (C) when necessary to protect or rehabili- of protective perimeters or buffer zones Study Area. tate natural resources in the wilderness around any such wilderness area. (2) Million Hills Wilderness Study Area. areas, access by motorized vehicles for the— (b) NONWILDERNESS ACTIVITIES.—The fact (3) Mt. Stirling Wilderness Study Area. (i) repair, maintenance, and reconstruction that nonwilderness activities or uses can be (4) Mormon Mountains Wilderness Study of water developments, including guzzlers, in seen or heard from areas within a wilderness Area. designated under this title shall not preclude (5) Sunrise Mountain Instant Study Area. existence on the date of enactment of this the conduct of those activities or uses out- (6) Virgin Mountain Instant Study Area. Act; and (ii) the installation, repair, maintenance, side the boundary of the wilderness area. (d) RIGHT-OF-WAY GRANTS.— and reconstruction of new water develop- SEC. 205. OVERFLIGHTS. (1) SUNRISE MOUNTAIN.— ments, including guzzlers; and Nothing in this title restricts or pre- (A) IN GENERAL.—To facilitate energy secu- (D) the use of motorized equipment, includ- cludes— rity and the timely delivery of new energy ing aircraft, to manage and remove, as ap- (1) overflights, including low-level over- supplies to the States of Nevada and Cali- propriate, feral stock, feral horses, and feral flights, over the areas designated as wilder- fornia and the Southwest, notwithstanding burros. ness by this title, including military over- section 603(c) of the Federal Land Policy and flights that can be seen or heard within the Management Act of 1976 (43 U.S.C. 1782(c)), (d) WILDLIFE WATER DEVELOPMENT wilderness areas; the Secretary shall issue to the State-regu- PROJECTS.—The Secretary shall authorize (2) flight testing and evaluation; or lated sponsor of the Centennial Project a the construction of structures and facilities (3) the designation or creation of new units right-of-way grant for the construction and for wildlife water development projects, in- maintenance of 2 500-kilovolt electrical of special use airspace, or the establishment cluding guzzlers, in the wilderness areas des- of military flight training routes, over the transmission lines. ignated by this title if— wilderness areas. (B) LOCATION.—The transmission lines described in subparagraph (A) shall be con- (1) the construction activities will, as de- SEC. 206. NATIVE AMERICAN CULTURAL AND RE- termined by the Secretary, enhance wilder- LIGIOUS USES. structed within the 1,400-foot-wide utility ness values by promoting healthy, viable, In recognition of the past use of portions of right-of-way corridor in the Sunrise Moun- and more naturally distributed wildlife pop- the areas designated as wilderness by this tain Instant Study Area in the County. ulations; and title by Native Americans for traditional (2) MEADOW VALLEY MOUNTAINS WILDERNESS (2) the visual impacts of the construction cultural and religious purposes, the Sec- STUDY AREA.—The Secretary shall issue to activities on the wilderness areas can rea- retary shall ensure, from time to time, non- the developers of the proposed Meadow Val- sonably be minimized. exclusive access by Native Americans to the ley generating project a right-of-way grant areas for those purposes, including wood for the construction and maintenance of (e) BUFFER.—A road in the State that is gathering for personal use and the collecting electric and water transmission lines in the bordered by a wilderness area designated by of plants or herbs. Meadow Valley Mountains Wilderness Study this title shall include a buffer on each side SEC. 207. RELEASE OF WILDERNESS STUDY Area in Clark and Lincoln Counties in the of the road that is the greater of— AREAS. State. (1) 100 feet wide; or (a) FINDING.—Congress finds that, for the SEC. 208. WILDLIFE MANAGEMENT. (2) the width of the buffer on the date of purposes of sections 202 and 603 of the Fed- (a) IN GENERAL.—The Secretary shall con- enactment of this Act. eral Land Policy and Management Act of duct such management activities as are nec- 1976 (43 U.S.C. 1712, 1782), the public land in essary to maintain or restore fish and wild- (f) EFFECT.—Nothing in this title dimin- the County administered by the Bureau of life populations and fish and wildlife habi- ishes the jurisdiction of the State with re- Land Management and the Forest Service in tats in the areas designated as wilderness by spect to fish and wildlife management, in- the following areas have been adequately this title. cluding regulation of hunting and fishing on studied for wilderness designation: (b) HUNTING, FISHING, AND TRAPPING.— public land in the State.

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5381 SEC. 209. WILDFIRE MANAGEMENT. (1) in the first sentence of subsection (a), title, and interest of the United States in Nothing in this title precludes a Federal, by striking ‘‘entitled ‘Las Vegas Valley, Ne- and to the land identified on the map enti- State, or local agency from conducting wild- vada, Land Disposal Map’, April 10, 1997’’ and tled ‘‘Clark County Conservation of Public fire management operations (including oper- inserting ‘‘entitled ‘Southern Nevada Public Land and Natural Resources Act of 2002’’ and ations using aircraft or mechanized equip- Land Management Act’, dated June 10, 2002’’; dated June 10, 2002. ment) to manage wildfires in the wilderness and (2) CONDITIONS FOR TRANSFER.—As a condi- areas designated by this title. (2) in subsection (e)(3)— tion of the transfer under paragraph (1), the SEC. 210. CLIMATOLOGICAL DATA COLLECTION. (A) in subparagraph (A)(iv), by inserting County shall agree— Subject to such terms and conditions as ‘‘or regional governmental entity’’ after (A) to manage the transferred land in ac- the Secretary may prescribe, nothing in this ‘‘local government’’; and cordance with section 47504 of title 49, United title precludes the installation and mainte- (B) by striking subparagraph (C) and in- States Code (including regulations promul- nance of hydrologic, meteorologic, or cli- serting the following: gated under that section); and matological collection devices in the wilder- ‘‘(C) ADMINISTRATION.—Of the amounts (B) that if any portion of the transferred ness areas designated by this title if the fa- available to the Secretary from the special land is sold, leased, or otherwise conveyed or cilities and access to the facilities are essen- account in any fiscal year (determined with- leased by the County— tial to flood warning, flood control, and out taking into account amounts deposited (i) the sale, lease, or other conveyance water reservoir operation activities. under subsection (g)(4))— shall be— SEC. 211. AUTHORIZATION OF APPROPRIATIONS. ‘‘(i) not more than 25 percent of the (I) subject to a limitation that requires There are authorized to be appropriated amounts may be used in any fiscal year for that any use of the transferred land be con- such sums as are necessary to carry out this the purposes described in subparagraph sistent with the Agreement and section 47504 title. (A)(ii); and of title 49, United States Code (including reg- ‘‘(ii) not less than 25 percent of the ulations promulgated under that section); TITLE III—TRANSFERS OF and ADMINISTRATIVE JURISDICTION amounts may be used in any fiscal year for the purposes described in subparagraph (II) for fair market value; and SEC. 301. TRANSFER OF ADMINISTRATIVE JURIS- (ii) of any gross proceeds received by the DICTION TO THE UNITED STATES (A)(iv).’’. (b) EFFECTIVE DATE.—The amendments County from the sale, lease, or other convey- FISH AND WILDLIFE SERVICE. ance of the land, the County shall— (a) IN GENERAL.—The Secretary of the In- made by subsection (a) take effect on Janu- ary 31, 2003. (I) contribute 85 percent to the special ac- terior shall transfer to the United States count established by section 4(e)(1)(C) of the TITLE V—IVANPAH CORRIDOR Fish and Wildlife Service administrative ju- Southern Nevada Public Land Management risdiction over the parcel of land described SEC. 501. INTERSTATE ROUTE 15 SOUTH COR- Act of 1998 (Public Law 105–263; 112 Stat. in subsection (b) for inclusion in the Desert RIDOR. 2345); National Wildlife Range. (a) MANAGEMENT OF INTERSTATE ROUTE 15 (II) contribute 5 percent to the State for (b) DESCRIPTION OF LAND.—The parcel of CORRIDOR LAND.— use in the general education program of the land referred to in subsection (a) is the ap- (1) IN GENERAL.—The Secretary shall man- State; and proximately 49,817 acres of Bureau of Land age the land located along the Interstate (III) reserve 10 percent for use by the Clark Management land, as depicted on the map Route 15 corridor south of the Las Vegas County Department of Aviation for airport entitled ‘‘Arrow Canyon’’ and dated June 5, Valley to the border between the States of development and noise compatibility pro- 2002. California and Nevada, as generally depicted grams. (c) WILDERNESS RELEASE.— on the map entitled ‘‘Clark County Con- (c) WITHDRAWAL OF LAND.— (1) FINDING.—Congress finds that the parcel servation of Public Land and Natural Re- (1) IN GENERAL.—Subject to valid existing of land described in subsection (b) has been sources Act of 2002’’ and dated June 10, 2002, rights, the corridor described in subsection adequately studied for wilderness designa- in accordance with the Southern Nevada (a)(5) and the land transferred to the County tion for the purposes of section 603(c) of the Public Land Management Act of 1998 (Public under subsection (b)(1) are withdrawn from Federal Land Policy and Management Act of Law 105–263; 112 Stat. 2343) and this section. location and entry under the mining laws, 1976 (43 U.S.C. 1782(c)). (2) AVAILABILITY OF MAP.—The map de- and from operation under the mineral leas- (2) RELEASE.—The parcel of land described scribed in paragraph (1) shall be on file and ing and geothermal leasing laws, until such in subsection (b)— available for public inspection in— time as— (A) shall not be subject to section 603(c) of (A) the Office of the Director of the Bureau (A) the Secretary terminates the with- the Federal Land Policy and Management of Land Management; drawal; or Act of 1976 (43 U.S.C. 1782(c)); and (B) the Office of the State Director of the (B) the corridor or land, respectively, is (B) shall be managed in accordance with— Bureau of Land Management of the State; patented. (i) land management plans adopted under and (2) AREAS OF CRITICAL ENVIRONMENTAL CON- section 202 of that Act (43 U.S.C. 1712); and (C) the Las Vegas District Office of the Bu- CERN.—Subject to valid existing rights, any (ii) the Clark County Multi-Species Habi- reau of Land Management. Federal land in an area of critical environ- tat Conservation Plan. (3) MULTIPLE USE MANAGEMENT.—Subject to mental concern that is designated for seg- (d) USE OF LAND.—To the extent not pro- any land management designations under regation and withdrawal under the 1998 Las hibited by Federal or State law, the parcel of the 1998 Las Vegas District Resource Man- Vegas Resource Management Plan is seg- land described in subsection (b) shall be agement Plan or the Clark County Multi- regated and withdrawn from the operation of available for the extraction of mineral re- Species Conservation Plan, land depicted on the mining laws in accordance with that sources. the map described in paragraph (1) shall be plan. SEC. 302. TRANSFER OF ADMINISTRATIVE JURIS- managed for multiple use purposes. TITLE VI—SLOAN CANYON NATIONAL DICTION TO THE NATIONAL PARK (4) TERMINATION OF ADMINISTRATIVE WITH- CONSERVATION AREA SERVICE. DRAWAL.—The administrative withdrawal of SEC. 601. SHORT TITLE. (a) IN GENERAL.—The Secretary of the In- the land identified as the ‘‘Interstate 15 This title may be cited as the ‘‘Sloan Can- terior shall transfer to the National Park South Corridor’’ on the map entitled ‘‘Clark yon National Conservation Area Act’’. Service administrative jurisdiction over the County Conservation of Public Land and parcel of land described in subsection (b) for SEC. 602. PURPOSE. Natural Resources Act of 2002’’ and dated The purpose of this title is to establish the inclusion in the Lake Mead National Recre- June 10, 2002, from mineral entry dated July Sloan Canyon National Conservation Area to ation Area. 23, 1997, and as amended March 9, 1998, is ter- conserve, protect, and enhance for the ben- (b) DESCRIPTION OF LAND.—The parcel of minated. efit and enjoyment of present and future land referred to in subsection (a) is the ap- (5) TRANSPORTATION AND UTILITIES COR- generations the cultural, archaeological, proximately 10 acres of Bureau of Land Man- RIDOR.—Notwithstanding sections 202 and 203 natural, wilderness, scientific, geological, agement land, as depicted on the map enti- of the Federal Land Policy and Management historical, biological, wildlife, education, tled ‘‘El Dorado/Spirit Mountain’’ and dated Act of 1976 (43 U.S.C. 1712, 1713), the Sec- and scenic resources of the Conservation June 10, 2002. retary, in accordance with this section and Area. (c) USE OF LAND.—The parcel of land de- other applicable law and subject to valid ex- scribed in subsection (b) shall be used by the SEC. 603. DEFINITIONS. isting rights, shall establish a 2,640-foot wide In this title: National Park Service for administrative fa- corridor between the Las Vegas valley and (1) CONSERVATION AREA.—The term ‘‘Con- cilities. the proposed Ivanpah Airport for the place- servation Area’’ means the Sloan Canyon TITLE IV—AMENDMENTS TO THE SOUTH- ment, on a nonexclusive basis, of utilities National Conservation Area established by ERN NEVADA PUBLIC LAND MANAGE- and transportation. section 604(a). MENT ACT (b) IVANPAH AIRPORT ENVIRONS OVERLAY (2) FEDERAL PARCEL.—The term ‘‘Federal SEC. 401. DISPOSAL AND EXCHANGE. DISTRICT LAND TRANSFER.— parcel’’ means the parcel of Federal land (a) IN GENERAL.—Section 4 of the Southern (1) IN GENERAL.—Subject to paragraph (2) consisting of approximately 500 acres that is Nevada Public Land Management Act of 1998 and valid existing rights, on request by the identified as ‘‘Tract A’’ on the map entitled (Public Law 105–263; 112 Stat. 2344) is amend- County, the Secretary shall transfer to the ‘‘Southern Nevada Public Land Management ed— County, without consideration, all right, Act’’ and dated June 10, 2002.

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(3) MANAGEMENT PLAN.—The term ‘‘man- for the use of motorized vehicles by the man- (A) the construction and operation of fa- agement plan’’ means the management plan agement plan developed under subsection (b). cilities at, and other management activities for the Conservation Area developed under (e) WITHDRAWAL.— in, the Conservation Area; section 605(b). (1) IN GENERAL.—Subject to valid existing (B) the construction and repair of trails (4) MAP.—The term ‘‘map’’ means the map rights and the right-of-way issued under sub- and roads in the Conservation Area author- submitted under section 604(c). section (h), all public land in the Conserva- ized under the management plan; SEC. 604. ESTABLISHMENT. tion Area is withdrawn from— (C) research on and interpretation of the (a) IN GENERAL.—For the purpose described (A) all forms of entry and appropriation archaeological and geological resources of in section 602, there is established in the under the public land laws; Sloan Canyon; and State a conservation area to be known as the (B) location, entry, and patent under the (D) any other purpose that the Secretary ‘‘Sloan Canyon National Conservation mining laws; and determines to be consistent with the purpose Area’’. (C) operation of the mineral leasing, min- described in section 602. (b) AREA INCLUDED.—The Conservation eral materials, and geothermal leasing laws. SEC. 607. AUTHORIZATION OF APPROPRIATIONS. Area shall consist of approximately 47,000 (2) ADDITIONAL LAND.—Notwithstanding There are authorized to be appropriated acres of public land in the County, as gen- any other provision of law, if the Secretary such sums as are necessary to carry out this erally depicted on the map. acquires mineral or other interests in a par- title. (c) MAP AND LEGAL DESCRIPTION.— cel of land within the Conservation Area TITLE VII—PUBLIC INTEREST (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the CONVEYANCES after the date of enactment of this Act, the parcel is withdrawn from operation of the SEC. 701. DEFINITION OF MAP. Secretary shall submit to Congress a map laws referred to in paragraph (1) on the date In this title, the term ‘‘map’’ means the and legal description of the Conservation of acquisition of the land. map entitled ‘‘Southern Nevada Public Land Area. (f) HUNTING, FISHING, AND TRAPPING.— Management Act’’ and dated June 10, 2002. (1) IN GENERAL.—Except as provided in (2) EFFECT.—The map and legal description SEC. 702. CONVEYANCE TO THE UNIVERSITY OF shall have the same force and effect as if in- paragraph (2), the Secretary shall permit NEVADA AT LAS VEGAS RESEARCH cluded in this section, except that the Sec- hunting, fishing, and trapping in the Con- FOUNDATION. retary may correct minor errors in the map servation Area in accordance with applicable (a) FINDINGS AND PURPOSES.— or legal description. Federal and State laws. (1) FINDINGS.—Congress finds that— (3) PUBLIC AVAILABILITY.—A copy of the (2) LIMITATIONS.— (A) the University of Nevada, Las Vegas, map and legal description shall be on file and (A) REGULATIONS.—The Secretary may des- needs land in the greater Las Vegas area to available for public inspection in— ignate by regulation areas in which, and es- provide for the future growth of the univer- (i) the Office of the Director of the Bureau tablish periods during which, for reasons of sity; of Land Management; public safety, administration, or compliance (B) the proposal by the University of Ne- (ii) the Office of the State Director of the with applicable laws, no hunting, fishing, or vada, Las Vegas, for construction of a re- Bureau of Land Management of the State; trapping will be permitted in the Conserva- search park and technology center in the and tion Area. greater Las Vegas area would enhance the (iii) the Las Vegas District Office of the (B) CONSULTATION.—Except in emergencies, high tech industry and entrepreneurship in Bureau of Land Management. the Secretary shall consult with, and obtain the State; and the approval of, the appropriate State agen- (C) the land transferred to the Clark Coun- SEC. 605. MANAGEMENT. cy before promulgating regulations under ty Department of Aviation under section 4(g) (a) IN GENERAL.—The Secretary, acting subparagraph (A) that close a portion of the of the Southern Nevada Public Land Man- through the Director of the Bureau of Land Conservation Area to hunting, fishing, or agement Act of 1998 (Public Law 105–263; 112 Management, shall manage the Conservation trapping. Stat. 2346) is the best location for the re- Area— (g) NO BUFFER ZONES.— search park and technology center. (1) in a manner that conserves, protects, (1) IN GENERAL.—The establishment of the (2) PURPOSES.—The purposes of this section and enhances the resources of the Conserva- Conservation Area shall not create an ex- are— tion Area; and press or implied protective perimeter or buff- (A) to provide a suitable location for the (2) in accordance with— er zone around the Conservation Area. construction of a research park and tech- (A) the Federal Land Policy and Manage- (2) PRIVATE LAND.—If the use of, or conduct nology center in the greater Las Vegas area; ment Act of 1976 (43 U.S.C. 1701 et seq.); and of an activity on, private land that shares a (B) to provide the public with opportuni- (B) other applicable law, including this boundary with the Conservation Area is con- ties for education and research in the field of Act. sistent with applicable law, nothing in this high technology; and (b) MANAGEMENT PLAN.— title concerning the establishment of the (C) to provide the State with opportunities (1) IN GENERAL.—Not later than 3 years Conservation Area shall prohibit or limit the for competition and economic development after the date of enactment of this Act, the use or conduct of the activity. in the field of high technology. Secretary, in consultation with the State, (h) RIGHT-OF-WAY.—Not later than 90 days (b) TECHNOLOGY RESEARCH CENTER.— the city of Henderson, the County, and any after the date of enactment of this Act, the (1) CONVEYANCE.—Notwithstanding section other interested persons, shall develop a Secretary shall convey to the city of Hender- 4(g)(4) of the Southern Nevada Public Land comprehensive management plan for the son the public right-of-way requested for Management Act of 1998 (Public Law 105–263; Conservation Area. rural roadway and public trail purposes 112 Stat. 2347), the Clark County Department (2) REQUIREMENTS.—The management plan under the application numbered N–65874. of Aviation may convey, without consider- shall— SEC. 606. SALE OF FEDERAL PARCEL. ation, all right, title, and interest in and to (A) describe the appropriate uses and man- (a) IN GENERAL.—Notwithstanding sections the parcel of land described in paragraph (2) agement of the Conservation Area; and 202 and 203 of the Federal Land Policy and to the University of Nevada at Las Vegas Re- (B)(i) authorize the use of motorized vehi- Management Act of 1976 (43 U.S.C. 1712, 1713) search Foundation for the development of a cles in the Conservation Area— and subject to valid existing rights, not later technology research center. (I) for installing, repairing, maintaining, than 180 days after the date of enactment of (2) DESCRIPTION OF LAND.—The parcel of and reconstructing water development this Act, the Secretary shall convey to the land referred to in paragraph (1) is the parcel projects, including guzzlers, that would en- highest qualified bidder all right, title, and of Clark County Department of Aviation hance the Conservation Area by promoting interest of the United States in and to the land— healthy, viable, and more naturally distrib- Federal parcel. (A) consisting of approximately 115 acres; uted wildlife populations; and (b) DISPOSITION OF PROCEEDS.—Of the gross and (II) subject to any limitations that are not proceeds from the conveyance of land under (B) located in the SW 1/4 of section 33, T. 21 more restrictive than the limitations on subsection (a)— S., R. 60 E., Mount Diablo Base and Meridian. such uses authorized in wilderness areas (1) 5 percent shall be available to the State SEC. 703. CONVEYANCE TO THE LAS VEGAS MET- under clauses (i) and (ii) of section for use in the general education program of ROPOLITAN POLICE DEPARTMENT. 208(c)(2)(C); and the State; The Secretary shall convey to the Las (ii) include or provide recommendations on (2) 8 percent shall be deposited in the spe- Vegas Metropolitan Police Department, ways of minimizing the visual impacts of cial account established by section 4(e)(1)(C) without consideration, all right, title, and such activities on the Conservation Area. of the Southern Nevada Public Land Man- interest in and to the parcel of land identi- (c) USE.—The Secretary may allow any use agement Act of 1998 (Public Law 105–263; 112 fied as ‘‘Tract F’’ on the map for use as a of the Conservation Area that the Secretary Stat. 2345), to be available without further shooting range. determines will further the purpose de- appropriation for a comprehensive southern SEC. 704. CONVEYANCE TO THE CITY OF HENDER- scribed in section 602. Nevada litter cleanup and public awareness SON FOR THE NEVADA STATE COL- (d) MOTORIZED VEHICLES.—Except as need- campaign; and LEGE AT HENDERSON. ed for administrative purposes or to respond (3) the remainder shall be deposited in the (a) DEFINITIONS.—In this section: to an emergency, the use of motorized vehi- special account described in paragraph (2), to (1) CHANCELLOR.—The term ‘‘Chancellor’’ cles in the Conservation Area shall be per- be available to the Secretary, without fur- means the Chancellor of the University sys- mitted only on roads and trails designated ther appropriation for— tem.

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(2) CITY.—The term ‘‘City’’ means the city logo merchandise, and related materials on pose related to affordable housing, the parcel of Henderson, Nevada. the Federal land for a profit shall be consid- shall, if determined to be appropriate by the (3) COLLEGE.—The term ‘‘College’’ means ered to be an educational or recreational use Secretary, revert to the United States. the Nevada State College at Henderson. for the purposes of this section, if— SEC. 706. HENDERSON ECONOMIC DEVELOPMENT (4) UNIVERSITY SYSTEM.—The term ‘‘Uni- (i) the profitable activities are reasonably ZONE. versity system’’ means the University and related to the educational or recreational (a) DEFINITIONS.—In this section: Community College System of Nevada. purposes of the College; and (1) CITY.—The term ‘‘City’’ means the city (b) CONVEYANCE.— (ii) any profits are used to further the edu- of Henderson, Nevada. (1) IN GENERAL.—Notwithstanding the Fed- cational or recreational purposes of the Col- (2) FEDERAL LAND.—The term ‘‘Federal eral Land Policy and Management Act of lege. land’’ means the parcels of Federal land 1976 (43 U.S.C. 1701 et seq.) and section 1(c) of (C) OTHER ENTITIES.—The College may— identified as ‘‘Tract G’’ on the map. the Act of June 14, 1926 (commonly known as (i) consistent with Federal and State law, (b) CONVEYANCE.— the ‘‘Recreation and Public Purposes Act’’) lease or otherwise provide property or space (1) IN GENERAL.—Subject to paragraph (2) (43 U.S.C. 869(c)), not later than 60 days after at the College, with or without consider- and valid existing rights, on request by the the date on which the survey is approved ation, to religious, public interest, commu- City, the Secretary shall convey to the City, under paragraph (3)(A)(ii), the Secretary nity, or other groups for services and events without consideration, all right, title, and shall convey to the City all right, title, and that are of interest to the College, the City, interest of the United States in and to the interest of the United States in and to the or any community located in the Las Vegas Federal land. parcel of Federal land identified as ‘‘Tract Valley; (2) CONDITIONS.—As a condition of the con- H’’ on the map for use as a campus for the (ii) allow the City or any other community veyance of land under paragraph (1), the City College. in the Las Vegas Valley to use facilities of shall agree— (2) CONDITIONS.— the College for educational and recreational (A) to manage, in consultation with the (A) IN GENERAL.—As a condition of the con- programs of the City or community; and Clark County Department of Aviation, the veyance under paragraph (1), the Chancellor (iii) in conjunction with the City, plan, fi- land in accordance with section 47504 of title and the City shall agree in writing— nance, (including the provision of cost-share 49, United States Code; and (i) to pay any administrative costs associ- assistance), construct, and operate facilities ated with the conveyance, including the for the City on the Federal land conveyed for (B) that if any portion of the Federal land costs of any environmental, wildlife, cul- educational or recreational purposes con- is sold, leased, or otherwise conveyed by the tural, or historical resources studies; sistent with this section. City— (i) the sale, lease, or conveyance shall be— (ii) to use the Federal land conveyed for (4) REVERSION.— (I) for the purposes of implementing the educational and recreational purposes; (A) NOTICE.—If the Federal land or any por- (iii) to release and indemnify the United tion of the Federal land conveyed under economic development goals of the City; States from any claims or liabilities which paragraph (1) ceases to be used for the Col- (II) subject to a requirement that any use may arise from uses that are carried out on lege, the Secretary shall notify the President of the transferred land be consistent with the Federal land on or before the date of en- and the City in writing of the intention of section 47504 of title 49, United States Code; actment of this Act by the United States or the Secretary to reclaim title to the Federal and any person; land or any portion of the Federal land, in- (III) for an amount equal to— (iv) to provide to the Secretary, on re- cluding any improvements to the Federal (aa) at least fair market value; plus quest, any report, data, or other information land, on behalf of the United States. (bb) as the City determines to be appropriate, any administrative costs of the City relating to the operations of the College that (B) EVIDENCE.—Not later than 180 days may be necessary, as determined by the Sec- after the date of receipt of a notification relating to the Federal land, including retary, to determine whether the College is under subparagraph (A), the President may costs— in compliance with this Act; submit to the Secretary any evidence that (AA) associated with the sale, lease, or (v) as soon as practicable after the date of the Federal land, or any portion of the Fed- conveyance of the Federal land; the conveyance under paragraph (1), to erect eral land, is being used in accordance with (BB) for planning, engineering, surveying, at the College an appropriate and centrally the purposes of this section. and subdividing the land; and (CC) as the City determines appropriate, located monument that acknowledges the (C) PURCHASE BY UNIVERSITY SYSTEM.— for the planning, design, and construction of conveyance of the Federal land by the (i) OFFER.—Instead of reclaiming title to United States for the purpose of furthering the Federal land or any portion of the Fed- infrastructure for the economic development the higher education of citizens in the State; eral land under this paragraph, the Sec- zone; and (vi) to provide information to the students retary may allow the University system to (ii) the City shall deposit the proceeds of the College on the role of the United obtain title to the Federal land or any por- from any sale, lease, or other conveyance of States in the establishment of the College; tion of the Federal land in exchange for pay- the Federal land, excluding any administra- and ment by the University system of an amount tive costs received under item (bb), in ac- (vii) to assist the Bureau of Land Manage- equal to the fair market value of the land, cordance with section 4(e)(1) of the Southern ment in providing information to the stu- excluding the value of any improvements, for Nevada Public Land Management Act of 1998 dents of the College and the citizens of the any portions of the Federal land not being (Public Law 105–263; 112 Stat. 2343). State on— used for the purposes specified in this sec- (3) AVAILABILITY OF MAP.—The map shall (I) public land in the State; and tion. be on file and available for public inspection (II) the role of the Bureau of Land Manage- in— (ii) AUCTION.—If the University system ment in managing, preserving, and pro- elects not to purchase the Federal land (A) the Office of the Director of the Bureau tecting the public land. under clause (i)— of Land Management; (B) VALID EXISTING RIGHTS.—The convey- (I) the Federal land shall revert to the (B) the Office of the State Director of the ance under paragraph (1) shall be subject to United States; and Bureau of Land Management of the State; all valid existing rights. (II) the Secretary shall— and (3) USE OF FEDERAL LAND.— (aa) dispose of the Federal land at public (C) the Las Vegas District Office of the Bu- (A) IN GENERAL.—The College and the City auction for fair market value; and reau of Land Management. may use the land conveyed under paragraph (bb) deposit the proceeds of the disposal in (4) RESERVATION FOR RECREATIONAL OR PUB- (1) for any purpose relating to the establish- accordance with section 4(e)(1) of the South- LIC PURPOSES.— ment, operation, growth, and maintenance of ern Nevada Public Land Management Act of (A) IN GENERAL.—The City may elect to use the College, including the construction, op- 1998 (Public Law 105–263; 112 Stat. 2343). 1 or more parcels of Federal land for rec- eration, maintenance, renovation, and demo- reational or public purposes under the Act of SEC. 705. CONVEYANCE TO THE CITY OF LAS lition of— VEGAS, NEVADA. June 14, 1926 (commonly known as the (i) classroom facilities; (a) DEFINITIONS.—In this section: ‘‘Recreation and Public Purposes Act’’) (43 (ii) laboratories; (1) CITY.—The term ‘‘City’’ means the city U.S.C. 869 et seq.). (iii) performance spaces; of Las Vegas, Nevada. (B) CONSIDERATION.—If the City makes an (iv) student housing; (2) SECRETARY.—The term ‘‘Secretary’’ election under subparagraph (A), the City (v) administrative facilities; means the Secretary of the Interior, acting shall pay to the Bureau of Land Management (vi) sports and recreational facilities and through the Director of the Bureau of Land an amount determined under that Act. fields; Management. (5) REVERSION.—A parcel of Federal land (vii) food service, concession, and related (b) CONVEYANCE.—The Secretary shall con- shall revert to the United States if— facilities; vey to the City, without consideration, all (A) a parcel used by the City for local rec- (viii) parks and roads; and right, title, and interest of the United States reational or public purposes under paragraph (ix) water, gas, electricity, phone, Internet, in and to the parcels of land identified as (4)— and other utility delivery systems. ‘‘Tract C’’ and ‘‘Tract D’’ on the map. (i) ceases to be used by the City for such (B) PROFITABLE ACTIVITIES.—The manufac- (c) REVERSION.—If a parcel of land con- purposes; and turing, distribution, marketing, and selling veyed to the City under subsection (b) ceases (ii) is not sold, leased, or conveyed in ac- of refreshments, books, sundries, College to be used for affordable housing or for a pur- cordance with paragraph (2)(B); or

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5384 CONGRESSIONAL RECORD — SENATE June 11, 2002 (B) by the date specified in paragraph (6), (B) for public recreation, including hiking, vada, the federal presence imposes the City does not— horseback riding, biking, and birdwatching; enormous barriers to land use planning (i) elect to use the parcel for local rec- (C) as part of a regional trail system; and in a state that, again, outpaces every reational or public purposes under paragraph (D) for flood control facilities. other state in population growth. I (4); or (2) FACILITIES.—Any facility on the parcel (ii) sell, lease, or convey the Federal parcel of land conveyed under subsection (a)(1) know I speak for many Nevadans when in accordance with paragraph (2)(B). shall be constructed and managed in a man- I say that we wish we did not have so (6) TERMINATION OF EFFECTIVENESS.—The ner consistent with the uses specified in much federal land within our borders. authority provided by this section termi- paragraph (1). But the reality is that we do, and that nates on the date that is 20 years after the (3) REVERSION.—If the parcel of land con- this legislation is necessary to plan for date of enactment of this Act. veyed under subsection (a)(1) is used in a growth and to set aside our pristine SEC. 707. CONVEYANCE OF SUNRISE MOUNTAIN manner that is inconsistent with the uses lands for future generations to enjoy LANDFILL TO CLARK COUNTY, NE- specified in paragraph (1), the parcel of land and visit. In many states, land use VADA. shall, if determined to be appropriate by the planning takes place in city council (a) IN GENERAL.—Not later than 1 year Secretary, revert to the United States. after the date on which a cleanup of the land (c) WILDERNESS RELEASE.—Congress finds chambers. We do not have that luxury, identified as ‘‘Tract E’’ on the map is com- that the parcel of land identified in sub- as we have to obtain the consent of the pleted, the Secretary shall convey to the section (a)(1)— Congress to make some of the most County, without consideration, all right, (1) has been adequately studied for wilder- basic decisions. Despite those obsta- title, and interest of the United States in ness designation for the purposes of section cles, Senator REID and I are putting and to the land. 603(c) of the Federal Land Policy and Man- forward legislation that is a model for (b) SURVEY.— agement Act of 1976 (43 U.S.C. 1782(c)); and fast-growing communities struggling (1) IN GENERAL.—The Secretary shall con- (2) shall not be subject to the requirements to balance the equally important goals of that section relating to the management duct a survey to determine the exact acreage of environmental protection, planned and legal description of the land to be con- of wilderness study areas. veyed under subsection (a). SEC. 709. RELOCATION OF RIGHT-OF-WAY COR- residential and business development, (2) COST.—The County shall be responsible RIDOR LOCATED IN CLARK AND LIN- and the allocation of scarce resources for the cost of the survey conducted under COLN COUNTIES IN THE STATE OF such as water. paragraph (1). NEVADA. One of my proudest achievements (a) DEFINITIONS.—In this section: (c) CONDITIONS.— during my service in the U.S. House of (1) AGREEMENT.—The term ‘‘Agreement’’ (1) IN GENERAL.—As a condition of the con- means the land exchange agreement between Representatives was the enactment of veyance of the land under subsection (a), the Aerojet-General Corporation and the United the Southern Nevada Public Land Man- County shall enter into a written agreement States, dated July 13, 1988. agement Act, or what is probably bet- with the Secretary that provides that— (2) SECRETARY.—The term ‘‘Secretary’’ ter known in Nevada as the Ensign- (A) the Secretary shall not be liable for means the Secretary of the Interior. any claims arising from the land after the Bryan bill. Like the legislation Sen- (b) RELOCATION.—The Secretary shall, date of conveyance; and ator REID and I are introducing today, without consideration, relocate the right-of- the Ensign-Bryan bill was the product (B) the County may use the land conveyed way corridor described in subsection (c) to for any purpose. the area described in subsection (d). of bipartisan cooperation and the spirit (2) VALID EXISTING RIGHTS.— (c) DESCRIPTION OF RIGHT-OF-WAY COR- of inclusion. Senator Bryan, who de- (A) IN GENERAL.—Except as provided in RIDOR.—The right-of-way corridor referred to serves much credit for that landmark subparagraph (B), the conveyance of land in subsection (a) consists of the right-of-way measure, and I hosted a public lands under subsection (a) shall be subject to valid corridor— task force to identify and propose solu- existing rights. (1) numbered U–42519; tions to the unique problems we faced (B) EXCEPTION.—On conveyance of the land (2) referred to in the patent numbered 27– under subsection (a), the Secretary shall ter- 88–0013 and dated July 18, 1988; and in the Las Vegas Valley. One of the minate any lease with respect to the land (3) more particularly described in section major reforms that came about because that— 14(a) of the Agreement. of the Ensign-Bryan bill was the (i) was issued under the Act of June 14, 1926 (d) DESCRIPTION OF AREA.—The area re- change in the way public land is dis- (commonly known as the ‘‘Recreation and ferred to in subsection (a) consists of an posed of in the Las Vegas Valley. We Public Purposes Act’’) (43 U.S.C. 869 et seq.); area— drew a disposal boundary around the and (1) 1,000 feet wide; and valley and asked the Bureau of Land (ii) is in effect on the date of enactment of (2) located west of and parallel to the cen- this Act. terline of United States Route 93. Management to auction the land to the highest bidder, in consultation with (d) WAIVER OF CERTAIN REQUIREMENTS.— Mr. ENSIGN. Mr. President, today it local governments. The proceeds of The conveyance of land under subsection is a great privilege and honor for me to those land auctions millions of dollars (a)— introduce the Clark County Conserva- (1) shall not require the Secretary to up- have been going into a special fund to tion of Public Land and Natural Re- date the 1998 Las Vegas Valley Resource build parks and trails, acquire environ- Management Plan; and sources Act of 2002 with my good friend and colleague from Nevada, Senator mentally sensitive land, initiate cap- (2) shall not be subject to any law (includ- ital improvements in our beautiful ing a regulation) that limits the acreage au- HARRY REID. thorized to be transferred by the Secretary The introduction of this legislation recreation and conservations areas, in any transaction or year. today is the culmination of over a year and maintain the Clark County Multi- SEC. 708. OPEN SPACE LAND GRANTS. of work. We held public forums in Species Habitat Conservation Plan. We (a) CONVEYANCE.— Clark County to solicit the input of in- also allocated funds for water infra- (1) IN GENERAL.—Notwithstanding section terested parties. My staff spent many structure and to the general education 202 of the Federal Land Policy and Manage- hours with local government officials, fund of the State of Nevada. This legis- ment Act of 1976 (43 U.S.C. 1712), the Sec- the environmental community, mul- lation continues to encourage orderly retary shall convey to the city of Henderson, tiple-use groups, utility providers, growth, improves the environment, and Nevada (referred to in this section as the home developers, sportsmen, and other benefits the schoolchildren of Nevada. ‘‘City’’), subject to valid existing rights, for Nevadans to reach a compromise on Federal land has become so valuable no consideration, all right, title, and interest because of the infrastructure installed of the United States in and to the parcel of how we tackle the tough issues we face land identified as ‘‘Tract B’’ on the map enti- in Clark County. While it is a daunting by private developers, local govern- tled ‘‘McCulloughs’’ and dated June 10, 2002. job to bring Nevadans with opposing ments, and the taxpayers of Nevada. It (2) COSTS.—Any costs relating to the con- perspectives together on the controver- is because of the phenomenal growth in veyance of the parcel of land under para- sial topic of wilderness, I believe we southern Nevada that public land auc- graph (1), including costs for a survey and have achieved a consensus that is good tions have brought in millions of dol- other administrative costs, shall be paid by for all citizens in Clark County. We lars. Eighty-five percent of the pro- the City. will look back 30 years from now and ceeds from public land auctions in (b) USE OF LAND.— southern Nevada are reinvested in en- (1) IN GENERAL.—The parcel of land con- realize how this legislation contributed veyed to the City under subsection (a)(1) to the quality of life we cherish in vironmental projects. So, I would chal- shall be used— southern Nevada. lenge those who claim that the federal (A) for the conservation of natural re- Because the Federal government government is not getting its fair share sources; manages 87 percent of the land in Ne- of the proceeds from land sales. In fact,

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2002 CONGRESSIONAL RECORD — SENATE S5385 the federal government is receiving lations in southern Nevada. Of course, eral constructive and good changes to large sums of money because of the all valid existing rights are honored in- its content. I appreciate very much his value-added infrastructure supported cluding grazing and mining. Buffers of guidance and assistance. by Nevadans. at least 100 along each side of the road Finally, I would like to thank mem- In the Clark County Conservation of are preserved. We also authorize fire bers of my staff who worked hard on Public Lands and Natural Resources suppression and climatological data the development of this bill here in Act, we build upon the Southern Ne- collection. All in all, reasonable access Washington and in Nevada: John vada Public Lands Management Act to wilderness has been achieved and I Lopez, Margot Allen, Julene Haworth, and settle a number of wilderness des- am especially appreciative of Senator and Mac Bybee are talented Nevadans ignations that have been pending since REID’s flexibility in addressing the con- who care very much about Clark Coun- 1991. This bill designates 224,000 acres cerns of multiple-use groups in this re- ty and our great state. I also appre- of BLM wilderness while it releases gard. ciate the input and assistance of Clint 231,000 acres of wilderness study areas. This legislation ensures Clark Coun- Bentley, the tireless organizer of the In the jurisdiction of the National ty’s orderly growth over the next sev- Nevada Land Users Coalition. Clint was Park Service adjacent to the Colorado eral decades through the establishment an articulate and reasoned advocate of River and Lake Mead, 184,000 acres of of educational and research institu- multiple use principles and ensured wilderness are designated. In all, tions, industrial parks, and residential that the Nevada Land Users Coalition 444,000 acres in Clark County will be development. The original disposal spoke with one voice during these ne- added to our national wilderness pres- boundary defined in the Ensign-Bryan gotiations. ervation system. While the acreage is Act has been expanded to accommodate I look forward to quick passage of more than supported by a coalition of planned growth in Clark County, the the Clark County Conservation of Pub- multiple-use advocates in Nevada, the City of Las Vegas, the City of North lic Lands and Natural Resources in the acreage is about one-fifth of the Las Vegas, and the City of Henderson. 107th Congress. amount requested by the Friends of Ne- We have some of the finest planned vada Wilderness. This compromise is communities in the world in southern f fair. Nevada and I know that the new lands AMENDMENTS SUBMITTED AND I am particularly proud that the bill will be showcases for quality living for PROPOSED creates a second National Conservation a broad spectrum of Nevadans. The bill SA 3827. Mr. SANTORUM submitted an Area in southern Nevada, the Sloan sets aside land for the Clark County amendment intended to be proposed by him Canyon National Conservation Area. Department of Aviation for the devel- to the bill S. 625, to provide Federal assist- Having such a magnificent resource at opment of the Ivanpah Airport south of ance to States and local jurisdictions to the edge of the City of Henderson will Las Vegas, the only major inter- prosecute hate crimes, and for other pur- provide countless new recreation op- national airport in the United States poses; which was ordered to lie on the table. portunities for those residents and pro- that will be constructed from scratch SA 3828. Mr. SANTORUM submitted an vide open space that is so important to in the next ten years. And very impor- amendment intended to be proposed by him the quality of life in the Las Vegas to the bill S. 625, supra; which was ordered to tantly, we have opened up an energy lie on the table. Valley. I am happy we were able to im- corridor that will augment Nevada’s SA 3829. Mr. HATCH submitted an amend- prove the existing Red Rock National and the Southwest’s electricity needs. ment intended to be proposed to amendment Conservation Area by adding pristine I also wanted to mention the Clark SA 3823 submitted by Mr. HATCH and inland to the NCA held by the Howard County Multi-Species Habitat Con- tended to be proposed to the bill (S. 625) to Hughes Corporation. servation Plan. As the home to many provide Federal assistance to States and An important feature of this legisla- threatened species, Clark County has local jurisdictions to prosecute hate crimes, tion I worked to include is the creation entered into an agreement with the and for other purposes; which was ordered to of a comprehensive Southern Nevada Fish and Wildlife Service so that the lie on the table. SA 3830. Mr. MCCONNELL (for himself and Litter Cleanup Campaign. As is the rapid growth we have been experi- Mr. KYL) submitted an amendment intended case in many desert communities, encing does not destroy critical plant to be proposed to amendment SA 3815 sub- there is unfortunately a prevalence of and animal habitats. Senator REID and mitted by Mr. MCCONNELL and intended to discarded trash along our highways and I have included language to ensure that be proposed to the bill (S. 625) supra; which on tracts of vacant BLM land within the MSHCP is not revoked when releas- was ordered to lie on the table. city limits. We must instill an ethic in ing lands from wilderness study status. SA 3831. Mr. CONRAD proposed an amend- our community and sense of awareness However, the agreement Senator REID ment to the bill H.R. 8, to amend the Inter- that we cannot continue to treat our and I reached does not mean that lands nal Revenue Code of 1986 to phaseout the es- desert lands as garbage dumps. While I tate and gift taxes over a 10-year period, and will be unavailable for multiple-use in for other purposes. attended college in Oregon, I saw how the future; we wanted to give Clark effective the ‘‘Keep Oregon Green’’ County and the Fish and Wildlife Serv- f campaign worked. I am certain the ice the flexibility they need to amend TEXT OF AMENDMENTS same approach can produce results in the MSHCP as circumstances warrant, southern Nevada, and that it can be ac- particularly as this legislation is im- SA 3827. Mr. SANTORUM submitted complished through the leadership of plemented. an amendment intended to be proposed volunteers, civic organizations, envi- Senator REID and I went through a by him to the bill S. 625, to provide ronmental groups, and private indus- spirited campaign for the U.S. Senate Federal assistance to States and local try, without the bureaucracy. I look against each other in 1998. It was a jurisdictions to prosecute hate crimes, forward to leaving to my children a very close race and I conceded it by 428 and for other purposes; which was or- community that is much cleaner than votes. Our friendship is now strong, dered to lie on the table; as follows: the one we have today. and I believe that this bill is a testa- At the appropriate place, insert the fol- I worked to include protections in ment to the fact that legislators from lowing: the Clark County Conservation of Pub- different political perspectives can SEC. ll. DEFINITION OF BORN-ALIVE INFANT. lic Land and Natural Resources so that come together for the good of their (a) IN GENERAL.—Chapter 1 of title 1, existing access in wilderness is pre- state. It is not easy work to bridge United States Code, is amended by adding at the end the following: served. In addition to reserving motor- philosophical differences, but it can ized access through cherry-stemmed and must be done for the sake of the ‘‘§ 8. ‘Person’, ‘human being’, ‘child’, and ‘individual’ as including born-alive infant roads on maps referred to in the bill, people we represent. we make it clear that reasonable ac- I would like to thank Congressman ‘‘(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, cess to water developments is per- JIM GIBBONS for his support of this or interpretation of the various administra- mitted in wilderness areas. Groups measure in the U.S. House of Rep- tive bureaus and agencies of the United such as the Fraternity of the Big Horn resentatives. Congressman GIBBONS States, the words ‘person’, ‘human being’, Sheep provide critical water to ensure was an active participant in the devel- ‘child’, and ‘individual’, shall include every the health of big horn sheep popu- opment of this bill, and he offered sev- infant member of the species homo sapiens

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5386 CONGRESSIONAL RECORD — SENATE June 11, 2002 who is born alive at any stage of develop- (5) STATE.—The term ‘‘State’’ includes the phase out the estate and gift taxes over ment. several States, the District of Columbia, the a 10-year period, and for other pur- ‘‘(b) As used in this section, the term ‘born Commonwealth of Puerto Rico, the Com- poses; as follows: alive’, with respect to a member of the spe- monwealth of the Northern Mariana Islands, Strike all after the enacting clause, and in- cies homo sapiens, means the complete ex- American Samoa, Guam, the Virgin Islands, sert the following: pulsion or extraction from his or her mother any other territory or possession of the of that member, at any stage of develop- SECTION 1. RESTORATION OF ESTATE TAX; RE- United States, and any political subdivision PEAL OF CARRYOVER BASIS. ment, who after such expulsion or extraction of any such State, territory, or possession. (a) IN GENERAL.—Subtitles A and E of title breathes or has a beating heart, pulsation of (6) VOLUNTEER FIRE COMPANY.—The term the umbilical cord, or definite movement of V of the Economic Growth and Tax Relief ‘‘volunteer fire company’’ means an associa- Reconciliation Act of 2001, and the amend- voluntary muscles, regardless of whether the tion of individuals who provide fire protec- umbilical cord has been cut, and regardless ments made by such subtitles, are hereby re- tion and other emergency services, where at pealed; and the Internal Revenue Code of 1986 of whether the expulsion or extraction oc- least 30 percent of the individuals receive lit- curs as a result of natural or induced labor, shall be applied as if such subtitles, and tle or no compensation compared with an amendments, had never been enacted. caesarean section, or induced abortion. entry level full-time paid individual in that ‘‘(c) Nothing in this section shall be con- (b) SUNSET NOT TO APPLY.— association or in the nearest such associa- strued to affirm, deny, expand, or contract (1) Subsection (a) of section 901 of the Eco- any legal status or legal right applicable to tion with an entry level full-time paid indi- nomic Growth and Tax Relief Reconciliation any member of the species homo sapiens at vidual. Act of 2001 is amended by striking ‘‘this Act’’ (e) EFFECTIVE DATE.—This section applies any point prior to being born alive as defined and all that follows and inserting ‘‘this Act only to liability for injury, damage, loss, or in this section.’’. (other than title V) shall not apply to tax- (b) CLERICAL AMENDMENT.—The table of death caused by equipment that, for pur- able, plan, or limitation years beginning sections at the beginning of chapter 1 of title poses of subsection (a), is donated on or after after December 31, 2010.’’. 1, United States Code, is amended by adding the date that is 30 days after the date of the (2) Subsection (b) of such section 901 is at the end the following new item: enactment of this Act. amended by striking ‘‘, estates, gifts, and transfers’’. ‘‘8. ‘Person’, ‘human being’, ‘child’, and ‘indi- Mr. HATCH submitted an vidual’ as including born-alive SA 3829. (c) CONFORMING AMENDMENTS.—Subsections infant.’’. amendment intended to be proposed to (d) and (e) of section 511 of the Economic amendment SA 3823 submitted by Mr. Growth and Tax Relief Reconciliation Act of SA 3828. Mr. SANTORUM submitted HATCH and intended to be proposed to 2001, and the amendments made by such sub- an amendment intended to be proposed the bill (S. 625) to provide Federal as- sections, are hereby repealed; and the Inter- nal Revenue Code of 1986 shall be applied as by him to the bill S. 625, to provide sistance to States and local jurisdic- if such subsections, and amendments, had Federal assistance to States and local tions to prosecute hate crimes, and for never been enacted. jurisdictions to prosecute hate crimes, other purposes; which was ordered to SEC. 2. MODIFICATIONS TO ESTATE TAX. and for other purposes; which was or- lie on the table; as follows: (a) INCREASE IN EXCLUSION EQUIVALENT OF dered to lie on the table; as follows: On page 1, strike line 3 and all that follows UNIFIED CREDIT.— At the appropriate place, insert the fol- through line 6, and insert the following: (1) IN GENERAL.—Subsection (c) of section lowing: ‘‘(B) the State has requested that the Fed- 2010 of the Internal Revenue Code of 1986 (re- SEC. 10. REMOVAL OF CIVIL LIABILITY BARRIERS eral Government assume jurisdiction; lating to applicable credit amount) is THAT DISCOURAGE THE DONATION ‘‘(C) the State does not object to the Fed- amended by striking all that follows ‘‘the ap- OF FIRE EQUIPMENT TO VOLUN- eral Government assuming jurisdiction; or plicable exclusion amount’’ and inserting ‘‘. TEER FIRE COMPANIES. ‘‘(D) the State has failed to investigate or For purposes of the preceding sentence, the (a) LIABILITY PROTECTION.—A person who prosecute the bias-motived offense in a man- applicable exclusion amount is $3,000,000 donates fire control or fire rescue equipment ner that denies the victim equal protection ($3,500,000 in the case of estates of decedents to a volunteer fire company shall not be lia- of the State’s laws. dying after December 31, 2008).’’. ble for civil damages under any State or Fed- (2) EARLIER TERMINATION OF SECTION 2057.— eral law for personal injuries, property dam- SA 3830. Mr. MCCONNELL (for him- Subsection (f) of section 2057 of such Code is age or loss, or death proximately caused by self and Mr. KYL) submitted an amend- amended by striking ‘‘December 31, 2003’’ and the equipment after the donation. ment intended to be proposed to inserting ‘‘December 31, 2002’’. (b) EXCEPTIONS.—Subsection (a) does not amendment SA 3815 submitted by Mr. (b) MAXIMUM ESTATE TAX RATE TO REMAIN apply to a person if— AT 50 PERCENT; RESTORATION OF PHASEOUT OF MCCONNELL and intended to be pro- (1) the person’s act or omission proxi- GRADUATED RATES AND UNIFIED CREDIT.— mately causing the injury, damage, loss, or posed to the bill (S. 625) to provide Fed- Paragraph (2) of section 2001(c) of such Code death constitutes gross negligence or inten- eral assistance to States and local ju- is amended to read as follows: tional misconduct; or risdictions to prosecute hate crimes, ‘‘(2) PHASEOUT OF GRADUATED RATES AND (2) the person is the manufacturer of the and for other purposes; which was or- UNIFIED CREDIT.—The tentative tax deter- fire control or fire rescue equipment. dered to lie on the table; as follows: mined under paragraph (1) shall be increased (c) PREEMPTION.—This section preempts by an amount equal to 5 percent of so much On page 2, strike lines 1 through 17 and in- the laws of any State to the extent such laws of the amount (with respect to which the sert the following: are inconsistent with this section, except tentative tax is to be computed) as exceeds that notwithstanding subsection (b), this ‘‘§ 250. Newspaper theft in violation of first $10,000,000. The amount of the increase under section shall not preempt any State law that amendment rights the preceding sentence shall not exceed the provides additional protection from liability ‘‘(a) NEWSPAPER DEFINED.—In this section, sum of the applicable credit amount under for a person who donates fire control or fire the term ‘newspaper’ means any periodical section 2010(c) and $224,200.’’. rescue equipment to a volunteer fire com- that is distributed on a complimentary or (c) EFFECTIVE DATE.—The amendments pany. compensatory basis on or near a college or made by this section shall apply to estates of (d) DEFINITIONS.—In this section: university. decedents dying, and gifts made, after De- (1) PERSON.—The term ‘‘person’’ includes ‘‘(b) OFFENSE.—Whoever willfully or know- cember 31, 2002. any governmental or other entity. ingly obtains or exerts unauthorized control SEC. 3. VALUATION RULES FOR CERTAIN TRANS- (2) FIRE CONTROL OR RESCUE EQUIPMENT.— over newspapers, or destroys such news- FERS OF NONBUSINESS ASSETS; LIM- The term ‘‘fire control or fire rescue equip- papers, with the intent to prevent other indi- ITATION ON MINORITY DISCOUNTS. ment’’ includes any fire vehicle, fire fighting viduals from reading the newspapers shall be (a) IN GENERAL.—Section 2031 of the Inter- tool, protective gear, fire hose, or breathing guilty of an offense under subsection (a)(1) of nal Revenue Code of 1986 (relating to defini- apparatus. section 249 of this title and shall punished as tion of gross estate) is amended by redesig- (3) GROSS NEGLIGENCE.—The term ‘‘gross provided in that section.’’. nating subsection (d) as subsection (f) and by negligence’’ means voluntary and conscious (2) CHAPTER ANALYSIS.—The chapter anal- inserting after subsection (c) the following conduct harmful to the health or well-being ysis for chapter 13 of title 18, United States new subsections: of another person by a person who, at the Code, is amended by inserting at the end the ‘‘(d) VALUATION RULES FOR CERTAIN TRANS- time of the conduct, knew that the conduct following: FERS OF NONBUSINESS ASSETS.—For purposes was likely to be harmful to the health or of this chapter and chapter 12— ‘‘250. Newspaper theft in violation of first well-being of another person. ‘‘(1) IN GENERAL.—In the case of the trans- amendment rights.’’. (4) INTENTIONAL MISCONDUCT.—The term fer of any interest in an entity other than an ‘‘intentional misconduct’’ means voluntary (b) STUDY.—The Attorney General, in co- interest which is actively traded (within the and conscious conduct harmful to the health operation meaning of section 1092)— or well-being of another person by a person ‘‘(A) the value of any nonbusiness assets who, at the time of the conduct, knew that SA 3831. Mr. CONRAD proposed an held by the entity shall be determined as if the conduct was harmful to the health or amendment to the bill H.R. 8, to amend the transferor had transferred such assets di- well-being of another person. the Internal Revenue Code of 1986 to rectly to the transferee (and no valuation

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discount shall be allowed with respect to ‘‘(e) LIMITATION ON MINORITY DISCOUNTS.— COMMITTEE ON ENERGY AND NATURAL such nonbusiness assets), and For purposes of this chapter and chapter 12, RESOURCES ‘‘(B) the nonbusiness assets shall not be in the case of the transfer of any interest in Mr. BINGAMAN. Mr. President, I taken into account in determining the value an entity other than an interest which is ac- would like to announce for the infor- of the interest in the entity. tively traded (within the meaning of section mation of the Senate and the public ‘‘(2) NONBUSINESS ASSETS.—For purposes of 1092), no discount shall be allowed by reason this subsection— of the fact that the transferee does not have that a hearing has been scheduled be- ‘‘(A) IN GENERAL.—The term ‘nonbusiness control of such entity if the transferee and fore the Committee on Energy and Nat- asset’ means any asset which is not used in members of the family (as defined in section ural Resources. the active conduct of 1 or more trades or 2032A(e)(2)) of the transferee have control of The hearing will take place on businesses. such entity.’’. Wednesday, June 19, 2002, at 9:30 a.m. in ‘‘(B) EXCEPTION FOR CERTAIN PASSIVE AS- (b) EFFECTIVE DATE.—The amendments room 366 of the Dirksen Senate Office SETS.—Except as provided in subparagraph made by this section shall apply to transfers Building in Washington, D.C. (C), a passive asset shall not be treated for after the date of the enactment of this Act. The purpose of the hearing is to re- purposes of subparagraph (A) as used in the f active conduct of a trade or business unless— ceive testimony on the following bills ‘‘(i) the asset is property described in para- NOTICES OF HEARINGS/MEETINGS addressing the recreation fee program graph (1) or (4) of section 1221(a) or is a hedge SUBCOMMITTEE ON NATIONAL PARKS on Federal lands: with respect to such property, or S. 2473, to enhance the Recreational ‘‘(ii) the asset is real property used in the Mr. BINGAMAN. Mr. President, I would like to announce for the infor- Fee Demonstration Program for the active conduct of 1 or more real property National Park Service, and for other trades or businesses (within the meaning of mation of the Senate and the public section 469(c)(7)(C)) in which the transferor that a hearing has been scheduled be- purposes; and materially participates and with respect to fore the Subcommittee on National S. 2607, to authorize the Secretary of which the transferor meets the requirements Parks of the Committee on Energy and the Interior and the Secretary of Agri- of section 469(c)(7)(B)(ii). Natural Resources. culture to collect recreation fees on For purposes of clause (ii), material partici- The hearing will take place on Thurs- Federal lands, and for other purposes. pation shall be determined under the rules of day, June 20, 2002, at 2:30 p.m. in room Because of the limited time available section 469(h), except that section 469(h)(3) 366 of the Dirksen Senate Office Build- for the hearing, witnesses may testify shall be applied without regard to the limita- ing in Washington, D.C. by invitation only. However, those tion to farming activity. wishing to submit written testimony ‘‘(C) EXCEPTION FOR WORKING CAPITAL.— The purpose of the hearing is to re- Any asset (including a passive asset) which ceive testimony on the following bills: for the hearing record should send two is held as a part of the reasonably required S. 139 and H.R. 3928, to assist in the copies of their testimony to the Com- working capital needs of a trade or business preservation of archaeological, paleon- mittee on Energy and Natural Re- shall be treated as used in the active conduct tological, zoological, geological, and sources, United States Senate, 312 of a trade or business. botanical artifacts through construc- Dirksen Senate Office Building, Wash- ‘‘(3) PASSIVE ASSET.—For purposes of this tion of a new facility for the University ington, DC 20510. subsection, the term ‘passive asset’ means For further information, please con- any— of Utah Museum of Natural History, ‘‘(A) cash or cash equivalents, Salt Lake City, Utah; tact David Brooks of the committee ‘‘(B) except to the extent provided by the S. 1609 and H.R. 1814, to amend the staff at (202) 224–9863. Secretary, stock in a corporation or any National Trails System Act to direct f other equity, profits, or capital interest in the Secretary of the Interior to con- any entity, duct a study on the feasibility of desig- AUTHORITY FOR COMMITTEES TO ‘‘(C) evidence of indebtedness, option, for- nating the Metacomet-Mattabesett MEET ward or futures contract, notional principal Trail extending through western Mas- COMMITTEE ON FOREIGN RELATIONS contract, or derivative, ‘‘(D) asset described in clause (iii), (iv), or sachusetts and central Connecticut as Mr. REID. Mr. President, I ask unan- (v) of section 351(e)(1)(B), a national historic trail; imous consent that the Committee on ‘‘(E) annuity, S. 1925, to establish the Freedom’s Foreign Relations be authorized to ‘‘(F) real property used in 1 or more real Way National Heritage Area in the meet during the session of the Senate property trades or businesses (as defined in States of Massachusetts and New on Tuesday, June 11, 2002, at 10:45 a.m., section 469(c)(7)(C)), Hampshire, and for other purposes; to hold a hearing on public diplomacy. ‘‘(G) asset (other than a patent, trade- S. 2196, to establish the National mark, or copyright) which produces royalty Mormon Pioneer Heritage Area in the Agenda income, ‘‘(H) commodity, State of Utah, and for other purposes; Witnesses ‘‘(I) collectible (within the meaning of sec- S. 2388, to direct the Secretary of the Interior to study certain sites in the Panel 1: The Honorable Charlotte tion 401(m)), or Beers, Under Secretary for Public Di- ‘‘(J) any other asset specified in regula- historic district of Beaufort, South tions prescribed by the Secretary. Carolina, relating to the Reconstruc- plomacy and Public Affairs, Depart- ‘‘(4) LOOK-THRU RULES.— tion Era; ment of State, Washington, DC; and ‘‘(A) IN GENERAL.—If a nonbusiness asset of S. 2519, to direct the Secretary of the the Honorable Norman Pattiz, Gov- an entity consists of a 10-percent interest in Interior to conduct a study of ernor, Broadcasting Board of Gov- any other entity, this subsection shall be ap- ernors, Washington, DC. plied by disregarding the 10-percent interest Coltsville in the State of Connecticut for potential inclusion in the National Panel 2: The Honorable Mark and by treating the entity as holding di- Ginsberg, Former Ambassador to Mo- rectly its ratable share of the assets of the Park System; and other entity. This subparagraph shall be ap- S. 2576, to establish the Northern Rio rocco, CEO and Managing Director, plied successively to any 10-percent interest Grande National Heritage Area in the Northstar Equity Group, Washington, of such other entity in any other entity. State of New Mexico, and for other pur- DC; the Honorable Newt Gingrich, ‘‘(B) 10-PERCENT INTEREST.—The term ‘10- poses. Former Speaker, U.S. House of Rep- percent interest’ means— Because of the limited time available resentatives, Senior Fellow, American ‘‘(i) in the case of an interest in a corpora- for the hearing, witnesses must testify Enterprise Institute, Washington, DC; tion, ownership of at least 10 percent (by Mr. David Hoffman, President, vote or value) of the stock in such corpora- by invitation only. However, those tion, wishing to submit written testimony Internews, Arcada, CA; and Mr. Veton ‘‘(ii) in the case of an interest in a partner- for the hearing record should send two Surroi, Chairman, Koha Media Group, ship, ownership of at least 10 percent of the copies of their testimony to the Com- Pristina, Kosovo. capital or profits interest in the partnership, mittee on Energy and Natural Re- The PRESIDING OFFICER. Without and sources, United States Senate, 312 objection, it is so ordered. ‘‘(iii) in any other case, ownership of at COMMITTEE ON FOREIGN RELATIONS least 10 percent of the beneficial interests in Dirksen Senate Office Building, Wash- the entity. ington, DC 20510. Mr. REID. Mr. President, I ask unan- ‘‘(5) COORDINATION WITH SUBSECTION (b).— For further information, please con- imous consent that the Committee on Subsection (b) shall apply after the applica- tact David Brooks of the committee Foreign Relations be authorized to tion of this subsection. staff at (202–224–9863). meet during the session of the Senate

VerDate Mar 15 2010 20:29 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S11JN2.REC S11JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5388 CONGRESSIONAL RECORD — SENATE June 11, 2002 on Tuesday, June 11, 2002, at 2:30 p.m., The PRESIDING OFFICER. Without MEASURE RETURNED TO THE to hold a hearing on Liberia. objection, it is so ordered. CALENDAR Agenda SUBCOMMITTEE ON AGING Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unanimous consent that S. 625 be returned Witnesses imous consent that the Committee on to the calendar. Panel 1: The Honorable Walter Health, Education, Labor, and Pen- The PRESIDING OFFICER. Without Kansteiner, Assistant Secretary for Af- sions, Subcommittee on Aging be au- objection, it is so ordered. rican Affairs, Department of State, thorized to meet for a hearing on ‘‘Pre- f Washington, DC. venting Elder Falls’’ during the session PROGRAM Panel 2: Ms. Binaifer Nowrojee, Sen- of the Senate on Tuesday, June 11, 2002, ior Researcher, Human Rights Watch at 2:30 p.m. in SD–430. Mr. REID. Mr. President, as I indi- Africa Division, New York, New York; The PRESIDING OFFICER. Without cated, tomorrow we believe Senator and Ms. Rory Anderson, Africa Policy objection, it is so ordered. DORGAN will lay down an amendment Specialist, World Vision, Washington, SUBCOMMITTEE ON COMMUNICATIONS at 12:30. That would mean that debate DC. Mr. REID. Mr. President, I ask unan- would culminate at about 2:30 tomor- The PRESIDING OFFICER. Without imous consent that the Subcommittee row afternoon, at which time we would objection, it is so ordered. on Communications of the Committee have a vote on his amendment, the sec- COMMITTEE ON INDIAN AFFAIRS on Commerce, Science, and Transpor- ond-degree amendment, and the Conrad Mr. REID. Mr. President, I ask unan- tation be authorized to meet on Tues- amendment. Following that, unless imous consent that the Committee on day, June 11, 2002, at 9:30 a.m. on there is some other amendment, the Indian Affairs be authorized to meet on ‘‘Spectrum Management: Improving Senator from Texas would lay down his Tuesday, June 11, 2002 at 1:30 p.m. in the Management of Government and amendment, and that would mean at room 485 of the Russell Senate Office Commercial Spectrum Domestically approximately 5:15 or 5:30 we would Building to conduct an oversight hear- and Internationally.’’ vote on his amendment. We hope to ing on the work of the U.S. Depart- The PRESIDING OFFICER. Without complete this legislation tomorrow ment of Interior’s Branch of Acknowl- objection, it is so ordered. evening sometime. The majority leader will make a de- edgment and Research within the Bu- SUBCOMMITTEE ON INTERNATIONAL SECURITY, termination as to what we will move reau of Indian Affairs. PROLIFERATION, AND FEDERAL SERVICES to. That would be good because it is The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- Thursday. I know he has been working objection, it is so ordered. imous consent that the Committee on with the Senator from Kansas to come Governmental Affairs’ Subcommittee COMMITTEE ON THE JUDICIARY up with an agreement to move forward on International Security, Prolifera- Mr. REID. Mr. President, I ask unan- on the cloning, stem cell legislation. tion and Federal Services be authorized imous consent that the Committee on That would allow us to hopefully com- to meet on Tuesday, June 11, 2002, at 10 the Judiciary be authorized to meet to plete that matter the following day. conduct a hearing on ‘‘The Criminal a.m. for a hearing regarding ‘‘Cruise We have a lot of work to do. Justice System and Mentally Ill Of- Missile and UAV Threats to the United Hopefully, on Friday we can even do fenders’’ on Tuesday, June 11, 2002 in States.’’ something that is constructive in na- Dirksen room 226 at 10:00 a.m. The PRESIDING OFFICER. Without ture and complete more legislation. objection, it is so ordered. Agenda The majority leader indicated on the f floor today that prior to the July 4 re- Witnesses PRIVILEGE OF THE FLOOR cess, he will move to the defense authorization bill. That is a very difficult Panel I: The Honorable Ted Strick- Mr. WELLSTONE. I ask unanimous land, U.S. Representative (D–OH–6th), bill, as we know. There are a lot of consent that Nicolette Boehland be amendments always. So that will take Washington, DC. granted the privilege of the floor for Panel II: Chief Gary Margolis, Uni- a good part of the legislative week. So the duration of the debate on S. 625. there is a lot of work to do and little versity of Vermont, Director of Police The PRESIDING OFFICER. Without time to do it. Services, Burlington, VT; Ms. Marylou objection, it is so ordered. Sudders, Commissioner of Mental f f Health, Commonwealth of Massachu- APPOINTMENT OF COMMITTEE TO ORDERS FOR WEDNESDAY, JUNE setts, Boston, MA; the Honorable Ken- ESCORT THE HONORABLE JOHN 12, 2002 neth Mayfield, President-Elect, Na- HOWARD, PRIME MINISTER OF tional Association of Counties, Com- Mr. REID. Mr. President, I ask unan- AUSTRALIA missioner, Dallas County, Dallas, TX; imous consent that when the Senate Mr. REID. Mr. President, I ask unan- and Captain John Caceci, Monroe completes its business today, it ad- County Jail, Rochester, NY. imous consent that the President of journ until 9:30 a.m., Wednesday, June the Senate be authorized to appoint a The PRESIDING OFFICER. Without 12; that following the prayer and the objection, it is so ordered. committee on the part of the Senate to pledge, the Journal of proceedings be join a like committee on the part of SELECT COMMITTEE ON INTELLIGENCE approved to date, the morning hour be the House of Representatives to escort Mr. REID. Mr. President, I ask unan- deemed expired, the time for the two the Honorable John Howard, Prime imous consent that the Select Com- leaders be reserved for their use later Minister of Australia, into the House mittee on Intelligence be authorized to in the day, and there then be a period Chamber for a joint meeting on meet during the session of the Senate of morning business until 10:40 a.m., Wednesday, June 12, 2002. on Tuesday, June 11, 2002, at 10 a.m. to with Senators permitted to speak for The PRESIDING OFFICER. Without hold a closed hearing on the joint in- up to 10 minutes each, with the first objection, it is so ordered. quiry into the events of September 11, half of the time under the control of f 2001. the majority leader or his designee, The PRESIDING OFFICER. Without and the second half of the time under ADJOURNMENT UNTIL 9:30 A.M. objection, it is so ordered. the control of the Republican leader or TOMORROW SELECT COMMITTEE ON INTELLIGENCE his designee; that at 10:40 a.m., the Mr. REID. Mr. President, I believe Mr. REID. Mr. President, I ask unan- Senate proceed to the House Chamber there is no further business to come be- imous consent that the Select Com- for the Joint Meeting with the Prime fore the Senate. That being the case, I mittee on Intelligence be authorized to Minister of Australia; and then the ask unanimous consent the Senate meet during the session of the Senate Senate stand in recess until 12:30 p.m.; stand in adjournment under the pre- on Tuesday, June 11, 2002, at 2:30 p.m. further, that at 12:30 p.m., the Senate vious order. to hold a closed hearing on the joint in- resume consideration of H.R. 8. There being no objection, the Senate, quiry into the events of September 11, The PRESIDING OFFICER. Without at 6:14 p.m., adjourned until Wednes- 2001. objection, it is so ordered. day, June 12, 2002, at 9:30 a.m.

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HIGHLIGHTS Senate passed S. 2578, Debt Limit Extension. Senate By 54 yeas to 43 nays (Vote No. 147), three-fifths Chamber Action of those Senators duly chosen and sworn, not having Routine Proceedings, pages S5319–S5389 voted in the affirmative, Senate rejected the motion Measures Introduced: Six bills were introduced, as to close further debate on the bill. Page S5335 follows: S. 2607–2612. Page S5366 By unanimous-consent, S. 625 was returned to the Senate calendar. Page S5388 Measures Reported: H.R. 577, to amend title 44, United States Code, Death Tax Elimination Act: Senate began consid- to require any organization that is established for the eration of H.R. 8, to amend the Internal Revenue purpose of raising funds for creating, maintaining, Code of 1986 to phase out the estate and gift taxes expanding, or conducting activities at a Presidential over a 10-year period, taking action on the following archival depository or any facilities relating to a amendment proposed thereto: Pages S5343–58 Presidential archival depository to disclose the Pending: sources and amounts of any funds raised. (S. Rept. Conrad Amendment No. 3831, in the nature of a No. 107–160) substitute. Pages S5346–58 S. 2039, to expand aviation capacity in the Chi- A unanimous-consent agreement was reached pro- cago area, with an amendment in the nature of a viding for further consideration of the bill at 12:30 Page S5388 substitute. (S. Rept. No. 107–161) Pages S5365–66 p.m., on Wednesday, June 12, 2002. Measures Passed: Escort Committee Agreement: A unanimous-consent agreement was reached providing that the Presi- Debt Limit Extension: By 68 yeas to 29 nays dent of the Senate be authorized to appoint a com- (Vote No. 148), Senate passed S. 2578, to amend mittee on the part of the Senate to join with a like title 31 of the United States Code to increase the committee on the part of the House of Representa- public debt limit. Pages S5337–38 tives to escort the Honorable John Howard, Prime Subsequently, the pending cloture vote on the Minister of Australia, into the House Chamber for motion to proceed to consideration of the bill was the joint meeting on Wednesday, June 12, 2002. rendered moot, when the measure was laid down by Page S5388 unanimous consent. Messages From the President: Senate received the Hate Crimes Bill: Senate continued consideration of following message from the President of the United S. 625, to provide Federal assistance to States and States: local jurisdictions to prosecute hate crimes, taking Transmitting, pursuant to law, a report on the action on the following amendment and motion pro- participation of the United States in the United Na- posed thereto: Pages S5325–37 tions and its affiliated agencies during calendar year Pending: 2000; to the Committee on Foreign Relations. Hatch Amendment No. 3824, to amend the pen- (PM–91) Page S5363 alty section to include the possibility of the death Nominations Received: Senate received the fol- penalty. Pages S5325–37 lowing nominations: Daschle Motion to reconsider the vote by the Fern Flanagan Saddler, of the District of Colum- which cloture was not invoked. Page S5335 bia, to be an Associate Judge of the Superior Court During consideration of this measure, Senate also of the District of Columbia for the term of fifteen took the following action: years. D591

VerDate 11-MAY-2000 05:47 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN2.REC pfrm12 PsN: D11JN2 D592 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 2002 45 Army nominations in the rank of general. Senators Jeffords and Dodd; Peter F. Guerrero, Di- Page S5389 rector, Physical Infrastructure Issues, General Ac- Messages From the House: Page S5363 counting Office; Steven Price, Deputy Assistant Sec- retary of Defense for Spectrum, Space, and Sensors Enrolled Bills Presented: Page S5363 and C3; Nancy J. Victory, Assistant Secretary of Executive Communications: Pages S5363–65 Commerce for Communications and Information, Additional Cosponsors: Pages S5366–67 National Telecommunications and Information Ad- Statements on Introduced Bills/Resolutions: ministration; and Thomas J. Sugrue, Chief, Wireless Pages S5367–85 Telecommunications Bureau, Federal Communica- tions Commission. Additional Statements: Pages S5360–63 Amendments Submitted: Pages S5385–87 PUBLIC DIPLOMACY Notices of Hearings/Meetings: Page S5387 Committee on Foreign Relations: Committee concluded Authority for Committees to Meet: Pages S5387–88 hearings to examine the status of U.S. public diplomacy and its role in the war on terrorism, particu- Privilege of the Floor: Page S5388 larly as it relates to our challenges in the Middle Record Votes: Two record votes were taken today. East, after receiving testimony from former Rep- (Total—148) Pages S5335, S5337 resentative Newt Gingrich; Charlotte Beers, Under Adjournment: Senate met at 9:30 a.m., and ad- Secretary of State for Public Diplomacy and Public journed at 6:14 p.m., until 9:30 a.m., on Wednes- Affairs; Norman J. Pattiz, Governor, Broadcasting day, June 12, 2002. (For Senate’s program, see the Board of Governors; Marc Charles Ginsberg, remarks of the Acting Majority Leader in today’s Northstar Equity Group, former Ambassador to Mo- Record on page S5388). rocco, Washington, D.C.; David Hoffman, Internews, Arcada, California; and Veton Surroi, Committee Meetings KOHA Media Group, Prishtina, Kosova. (Committees not listed did not meet) U.S./LIBERIA POLICY APPROPRIATIONS—DISTRICT OF Committee on Foreign Relations: Subcommittee on Afri- COLUMBIA can Affairs concluded hearings to examine how the decline in Liberia’s fortunes have affected the sub re- Committee on Appropriations: Subcommittee on District gion and created an opening for international crimi- of Columbia concluded hearings on proposed budget nal and terrorist activities, and how U.S. policy in estimates for fiscal year 2003 for the government of Liberia can help to bring Liberia back into the fold the District of Columbia, focusing on the Anacostia Waterfront Initiative, after receiving testimony from of democratically well-governed nations, after receiv- Mayor Anthony A. Williams, Margret Kellums, ing testimony from Walter Kansteiner, Assistant Deputy Mayor for Public Safety and Justice, Linda Secretary of State for Africa; Binaifer Nowrojee, W. Cropp, Chairman, Council of the District of Co- Human Rights Watch, New York, New York; and lumbia, Julia Friedman, Deputy Chief Financial Of- Rory Anderson, World Vision, and Benedict F. ficer for Research and Analysis, Andrew Altman, Di- Sannoh, National Endowment for Democracy, both rector, Office of Planning, and Jerry N. Johnson, of Washington, D.C. General Manager, Water and Sewer Authority, all of the government of the District of Columbia. CRUISE MISSILE AND UAV THREATS SPECTRUM MANAGEMENT Committee on Governmental Affairs: Subcommittee on International Security, Proliferation and Federal Serv- Committee on Commerce, Science, and Transportation: ices concluded hearings to examine proliferation Committee held hearings to examine the history and issues of cruise missiles and unmanned aerial vehicle current issues related to radio spectrum manage- (UAV) threats to the United States, after receiving ment, focusing on improving the process for assign- testimony from Vann H. Van Diepen, Acting Dep- ing and allocating spectrum, reimbursing govern- uty Assistant Secretary of State for Nonproliferation; ment users for their relocation costs if they are required to relinquish their spectrum for commercial Christopher Bolkcom, Analyst in National Defense, uses, increasing U.S. participation in the World Congressional Research Service, Library of Congress; Radio Conference process, and the status of third and Dennis M. Gormley, Blue Ridge Consulting, generation wireless service, receiving testimony from Arlington, Virginia.

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ELDERLY FALL PREVENTION Smith, Director, Office of Tribal Services, Bureau of Committee on Health, Education, Labor, and Pensions: Indian Affairs, Department of the Interior, who was Subcommittee on Aging concluded hearings to ex- accompanied by several of his associates. amine the prevention of elderly falls, identifying op- Hearings recessed subject to call. portunities to improve the health and safety of older MENTALLY ILL AND THE CRIMINAL Americans, reducing the negative economic impact JUSTICE SYSTEM that falls produce, and certain related provisions of S. 1922, to direct the Secretary of Health and Committee on the Judiciary: Committee concluded Human Services to expand and intensify programs hearings to examine the impact of mentally ill of- with respect to research and related activities con- fenders on our justice system, focusing on the Coun- cerning elder falls, after receiving testimony from cil of State Governments’ ‘‘Criminal Justice/Mental Peter Merles, South East Senior Housing Initiative, Health Consensus Project’’ report, which provides a Baltimore, Maryland; Mary E. Watson, Central Ar- guidebook and recommendations for the criminal kansas Veterans Healthcare System, Little Rock; justice system to improve their response to people Bobby Jackson, National Safety Council, and Lillie with mental illness, after receiving testimony from Maria Struchen, both of Washington, D.C. Representative Strickland; Marylou Sudders, Com- monwealth of Massachusetts Department of Mental INDIAN AFFAIRS BRANCH OF Health, Boston, on behalf of the National Associa- ACKNOWLEDGMENT AND RESEARCH tion of State Mental Health Program Directors; Ken- Committee on Indian Affairs: Committee held over- neth Mayfield, Dallas County Commissioners Court, sight hearings to examine the activities of the De- Dallas, Texas, on behalf of the National Association partment of the Interior’s Bureau of Indian Affairs’ of Counties; Gary J. Margolis, University of Branch of Acknowledgment and Research for review Vermont Police Department, Burlington, on behalf of petitions of tribal groups that are seeking Federal of the Police Executive Research Forum; and John recognition, receiving testimony from Michael R. Caceci, Monroe County Jail, Rochester, New York. h House of Representatives H. Con. Res. 352, expressing the sense of Con- Chamber Action gress that Federal land management agencies should Measures Introduced: 12 public bills, H.R. fully implement the Western Governors Association 4901–4913; and 4 resolutions, H.J. Res. 97; H. ‘‘Collaborative 10-year Strategy for Reducing Con. Res. 415–416, and H. Res. 441, were intro- Wildland Fire Risks to Communities and the Envi- duced. Pages H3452–53 ronment’’ to reduce the overabundance of forest fuels Reports Filed: Reports were filed as follows: that place national resources at high risk of cata- H.R. 3482, to provide greater cybersecurity, strophic wildfire, and prepare a National Prescribed amended (H. Rept. 107–497); Fire Strategy that minimizes risks of escape, amend- H.R. 2388, to establish the criteria and mecha- ed (H. Rept. 107–502, Pt. 1); nism for the designation and support of national her- H. Res. 439, providing for consideration of H.J. itage areas, amended (H. Rept. 107–498); Res 96, proposing a tax limitation amendment to H.R. 2880, to amend laws relating to the lands the Constitution of the United States (H. Rept. of the citizens of the Muscogee (Creek), Seminole, 107–503); and Cherokee, Chickasaw, and Choctaw Nations, histori- H. Res. 440, providing for consideration of H.R. cally referred to as the Five Civilized Tribes, amend- 4019, to provide that the marriage penalty relief ed (H. Rept. 107–499); provisions of the Economic Growth and Tax Relief H.R. 4103, to direct the Secretary of the Interior Reconciliation Act of 2001 shall be permanent (H. to transfer certain public lands in Natrona County, Rept. 107–504). Page H3452 Wyoming, to the Corporation of the Presiding Bishop, amended (H. Rept. 107–500); Speaker Pro Tempore: Read a letter from the H. Con. Res. 395, celebrating the 50th anniver- Speaker wherein he designated Representative sary of the constitution of the Commonwealth of Boozman to act as Speaker pro tempore for today. Puerto Rico, amended (H. Rept. 107–501); Page H3299

VerDate 11-MAY-2000 05:47 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN2.REC pfrm12 PsN: D11JN2 D594 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 2002 Recess: The House recessed at 1 p.m. and recon- Streets Act of 1968 to ensure that chaplains killed vened at 2 p.m. Page H3303 in the line of duty receive public safety officer death Recess: The House recessed at 5:43 p.m. and recon- benefits; Pages H3393–95, H3399–H3400 vened at 6:30 p.m. Page H3418 Compact Between Utah and Nevada Regarding Improving Men’s Health Through Fitness and Boundary Change: H.R. 2054, amended, to give Reduction of Obesity: H. Res. 438, expressing the the consent of Congress to an agreement or compact sense of the House of Representatives that improving between Utah and Nevada regarding a change in the men’s health through fitness and the reduction of boundaries of those States; Pages H3395–99 obesity should be a priority (agreed to by 2/3 yea- Consumer Product Protection Act: H.R. 2621, and-nay vote of 400 yeas to 2 nays, Roll No. 220); amended, to amend title 18, United States Code, Pages H3304–08, H3418–19 with respect to consumer product protection; Achievements of Italian-American Inventor An- Pages H3400–01 tonio Meucci: H. Res. 269, expressing the sense of Five Nations Citizens Land Reform Act: H.R. the House of Representatives to honor the life and 2880, amended, to amend laws relating to the lands achievements of 19th Century Italian-American in- of the citizens of the Muscogee (Creek), Seminole, ventor Antonio Meucci, and his work in the inven- Cherokee, Chickasaw, and Choctaw Nations, histori- tion of the telephone. Pages H3308–11 cally referred to as the Five Civilized Tribes. Agreed Sacrifices of Law Enforcement Officers: H. Res. to amend the title so as to read: ‘‘a bill to amend 406, amended, commemorating and acknowledging laws relating to the lands of the enrollees and lineal the dedication and sacrifice made by the men and descendants of enrollees whose names appear on the women killed or disabled while serving as peace offi- final Indian rolls of the Muscogee (Creek), Seminole, cers; Pages H3311–13 Cherokee, Chickasaw, and Choctaw Nations (historically referred to as the Five Civilized Tribes), and for Herbert Arlene Post Office, Philadelphia, Penn- other purposes.’’; Pages H3401–10 sylvania: H.R. 3738, to designate the facility of the United States Postal Service located at 1299 North 2002 Federation International Football Associa- 7th Street in Philadelphia, Pennsylvania, as the tion (FIFA) World Cup Korea/Japan: H. Con. Res. ‘‘Herbert Arlene Post Office Building;’’ Page H3314 394, expressing the sense of the Congress concerning the 2002 World Cup and co-hosts Republic of Rev. Leon Sullivan Post Office, Philadelphia, Korea and Japan (agreed to by 2/3 yea-and-nay vote Pennsylvania: H.R. 3739, to designate the facility of 402 yeas to 1 nay, Roll No. 221); and of the United States Postal Service located at 6150 Pages H3410–12, H3419–20 North Broad Street in Philadelphia, Pennsylvania, as the ‘‘Rev. Leon Sullivan Post Office Building;’’ North Korean Refugees Detained in China: H. Pages H3314–15 Con. Res. 213, amended, expressing the sense of Congress regarding North Korean refugees who are William V. Cibotti Post Office, Philadelphia, detained in China and returned to North Korea Pennsylvania: H.R. 3740, amended, to designate where they face torture, imprisonment, and execu- the facility of the United States Postal Service lo- tion (agreed to by 2/3 yea-and-nay vote of 406 yeas cated at 925 Dickinson Street in Philadelphia, Penn- with none voting ‘‘nay,’’ Roll No. 222). sylvania, as the ‘‘William V. Cibotti Post Office Pages H3412–18, H3420–21 Building.’’ Agreed to amend the title so as to read: ‘‘A bill to designate the facility of the United States Presidential Message—Participation in the Postal Service located at 925 Dickinson Street in United Nations: Message wherein he transmitted Philadelphia, Pennsylvania, as the ‘William A. the final version of a report on the participation of Cibotti Post Office Building’.’’; Pages H3315–16 the United States in the United Nations and its affiliated agencies during the calendar year 2000—re- Public Buildings, Property, and Works Amend- ferred to the Committee on International Relations. ments: H.R. 2068, amended, to revise, codify, and Page H3418 enact without substantive change certain general and permanent laws, related to public buildings, prop- Senate Message: Messages received from the Senate erty, and works, as title 40, United States Code, appear on pages H3299 and H3412. ‘‘Public Buildings, Property, and Works;’’ Referral: S. 2578 was held at the desk. Pages H3316–93 Quorum Calls—Votes: Three yea-and-nay votes de- Mychal Judge Police and Fire Chaplains Public veloped during the proceedings of the House today Safety Officers’ Benefit Act: H.R. 3297, amended, and appear on pages H3419, H3419–20, and to amend the Omnibus Crime Control and Safe H3420–21. There were no quorum calls.

VerDate 11-MAY-2000 05:47 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN2.REC pfrm12 PsN: D11JN2 June 11, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D595 Adjournment: The House met at 12:30 p.m. and Prior to the markup, the Subcommittee held a adjourned at 11:35 p.m. hearing on this legislation. Testimony was heard from the following officials of the Department of the Treasury: Kenneth Lawson, Assistant Under Sec- Committee Meetings retary of Enforcement; and Bradley A. Buckles, Di- PIPELINE INFRASTRUCTURE PROTECTION rector, Bureau of Alcohol, Tobacco and Firearms; and TO ENHANCE SECURITY AND SAFETY ACT a public witness. Committee on Energy and Commerce: Subcommittee on TAX LIMITATION CONSTITUTIONAL Energy and Air Quality approved for full Committee AMENDMENT action, as amended, H.R. 3609, Pipeline Infrastruc- ture Protection To Enhance Security and Safety Act. Committee on Rules: Granted, by voice vote, a modified closed rule on H.J. Res. 96, proposing a tax WOMEN’S HEALTH OFFICE ACT; limitation amendment to the Constitution of the MAMMOGRAPHY QUALITY STANDARDS United States, providing two hours of debate in the REAUTHORIZATION ACT House equally divided and controlled by the chair- Committee on Energy and Commerce: Subcommittee on man and ranking minority member of the Com- Health approved for full Committee action the fol- mittee on the Judiciary. The rule provides for an lowing bills: H.R. 1784, amended, Women’s Health amendment in the nature of a substitute printed in Office Act of 2001; and H.R. 4888, Mammography the Congressional Record if offered by the Minority Quality Standards Reauthorization Act of 2002. Leader or his designee, which shall be considered as read and shall be separately debatable for one hour INSURANCE REGULATION AND equally divided and controlled by the proponent and COMPETITION FOR THE 21ST CENTURY an opponent. Finally, the rule provides one motion Committee on Financial Services: Subcommittee on Cap- to recommit with or without instructions. Testimony ital Markets, Insurance, and Government Sponsored was heard from Chairman Sensenbrenner and Rep- Enterprises continued hearings entitled ‘‘Insurance resentatives Nadler, Tanner, and Stenholm. Regulation and Competition for the 21st Century,’’ PERMANENT MARRIAGE PENALTY RELIEF Part II. Testimony was heard from public witnesses. PROVISIONS Hearings continue June 18. Committee on Rules: Granted, by voice vote, a modi- COMBATING TERRORISM fied closed rule on H.R. 4019, to provide that the Committee on Government Reform: Subcommittee on marriage penalty relief provisions of the Economic National Security, Veterans’ Affairs, and Inter- Growth and Tax Relief Reconciliation Act of 2001 national Relations held a hearing on ‘‘Combating shall be permanent, providing one hour of debate in Terrorism: Improving the Federal Response.’’ Testi- the House equally divided and controlled by the mony was heard from Senators Lieberman and Spec- chairman and ranking minority member of the Com- ter; Representatives Thornberry, Harman, Gibbons mittee on Ways and Means. The rule provides for and Tauscher; Adm. Thomas Collins, USCG, Com- consideration of the amendment in the nature of a mandant, U.S. Coast Guard, Department of Trans- substitute printed in the Rules Committee report ac- portation; Bruce Baughman, Director, Office of Na- companying the resolution, if offered by Representa- tional Preparedness, FEMA; Douglas Browning, tive Rangel or his designee, which shall be consid- Deputy Commissioner, U.S. Customs Service, De- ered as read and shall be separately debatable for one partment of the Treasury; Robert Acord, Adminis- hour equally divided and controlled by the pro- trator, Animal and Plant Health Inspection Service, ponent and an opponent. The rule waives all points USDA; John Tritak, Director, Critical Infrastructure of order against the amendment printed in the re- Assurance Office, Bureau of Industry Security, De- port. Finally, the rule provides one motion to recom- partment of Commerce; Larry A. Mefford, Assistant mit with or without instructions. Testimony was Director, Cyber Division, FBI, Department of Jus- heard from Representatives Weller and Matsui. tice; and former Senator Warren Rudman, State of New Hampshire and Co-Chairman, U.S. Commis- VETERANS MEASURES sion on National Security/21st Century. Committee on Veterans’ Affairs: Subcommittee on Bene- fits held a hearing on the following: H.R. 3173, ANTI-TERRORISM EXPLOSIVES ACT Servicemembers and Military Families Financial Pro- Committee on the Judiciary: Subcommittee on Crime, tection Act of 2001; H.R. 3735, Department of Vet- Terrorism and Homeland Security began markup of erans Affairs Overpayment Administration Improve- H.R. 4864, Anti-Terrorism Explosives Act of 2002. ment Act of 2002; H.R. 3771, to amend title 38,

VerDate 11-MAY-2000 05:47 Jun 12, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN2.REC pfrm12 PsN: D11JN2 D596 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 2002 United States Code, to provide that monetary bene- NEW PUBLIC LAWS fits paid to veterans by States and municipalities (For last listing of Public Laws, see DAILY DIGEST of June 3, shall be excluded from consideration as income for 2002, p. D549) purposes of pension benefits paid by the Secretary of H.R. 3167, to endorse the vision of further en- Veterans Affairs; H.R. 4042, Veterans Home Loan largement of the NATO Alliance articulated by Prepayment Protection Act of 2002; the Arlington President George W. Bush on June 15, 2001, and National Cemetery Burial Eligibility Act; and a by former President William J. Clinton on October measure providing dependency and indemnity com- 22, 1996. Signed on June 10, 2002. (Public Law pensation to the surviving spouse of a veteran with 107–187) a totally disabling service-connected cold-weather injury. Testimony was heard from Representative f Gutierrez; the following officials of the Department of Veterans Affairs: Daniel L. Cooper, Under Sec- COMMITTEE MEETINGS FOR WEDNESDAY, retary, Benefits, Veterans Benefits Administration; JUNE 12, 2002 and Thurman Higginbotham, Deputy Super- (Committee meetings are open unless otherwise indicated) intendent, Arlington National Cemetery; Craig Duehring, Acting Assistant Secretary, Reserve Af- Senate fairs, Department of Defense; representatives of vet- Committee on Appropriations: Subcommittee on Defense, erans organizations; and a public witness. to hold hearings on proposed budget estimates for fiscal year 2003 for the Department of Defense and related pro- UNEMPLOYMENT FRAUD AND ABUSE grams, 9:30 a.m., SD–192. Committee on Ways and Means: Subcommittee on Subcommittee on Labor, Health and Human Services, Human Resources held a hearing on Unemployment and Education, to hold hearings to examine Medicare Fraud and Abuse. Testimony was heard from the fol- payments for medical supplies, 9:30 a.m., SD–124. lowing officials of the Department of Labor: D. Committee on Commerce, Science, and Transportation: Sub- Cameron Findlay, Deputy Secretary; and Gordon S. committee on Science, Technology, and Space, to hold hearings to examine Internet corporations for assigned Heddell, Inspector General; Sigurd R. Nilsen. Direc- names and numbers, 2:30 p.m., SR–253. tor, Health, Education, and Human Services Divi- Committee on Energy and Natural Resources: Subcommittee sion, GAO; Miles Paris, Deputy Director, Program on National Parks, to hold hearings on S. 1257/H.R. Support, Department of Employment Security, State 107, to require the Secretary of the Interior to conduct of Illinois; and public witnesses. a theme study to identify sites and resources to commemorate and interpret the Cold War; S. 1312/H.R. SOCIAL SECURITY DISABILITY PROGRAMS’ 2109, to authorize the Secretary of the Interior to con- CHALLENGES AND OPPORTUNITIES duct a special resource study of Virginia Key Beach, Flor- Committee on Ways and Means: Subcommittee on So- ida, for possible inclusion in the National Park System; cial Security held a hearing on Social Security Dis- S. 1944, to revise the boundary of the Black Canyon of the Gunnison National Park and Gunnison Gorge Na- ability Programs’ Challenges and Opportunities. Tes- tional Conservation Area in the State of Colorado; H.R. timony was heard from Martin Gerry, Deputy Com- 38, to provide for additional lands to be included within missioner, Disability and Income Security Programs, the boundaries of the Homestead National Monument of SSA; Robert Robertson, Director, Education, Work- America in the State of Nebraska; H.R. 980, to establish force, and Income Security Issues, GAO; former Rep- the Moccasin Bend National Historic Site in the State of resentative Hall Daub of Nebraska, Chairman, Social Tennessee as a unit of the National Park System; and Security Advisory Board; and public witnesses. H.R. 1712, to authorize the Secretary of the Interior to Hearings continue June 18. make adjustments to the boundary of the National Park of American Samoa to include certain portions of the islands of Ofu and Olosega within the park, 2:30 p.m., Joint Meetings SD–366. Committee on Environment and Public Works: to hold hear- 9/11 INTELLIGENCE INVESTIGATION ings to examine the costs and benefits of multi-pollutant Joint Hearing: Senate Select Committee on Intel- legislation, 9:30 a.m., SD–406. Committee on Governmental Affairs: to hold hearings to ligence held joint closed hearings with the House examine the status of childhood vaccines, 9:30 a.m., Permanent Select Committee on Intelligence to ex- SD–342. amine events surrounding September 11, 2001, re- Select Committee on Intelligence: to hold joint closed hear- ceiving testimony from officials of the intelligence ings with the House Permanent Select Committee on In- community. telligence to examine events surrounding September 11, Hearings continue tomorrow. 2001, 2:30 p.m., S–407, Capitol.

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Committee on the Judiciary: Subcommittee on Constitu- Care Litigation Reform: ‘‘Does Limitless Litigation Re- tion, to hold hearings to examine issues with respect to strict Access to Health Care?’’ 10 a.m., 2237 Rayburn. reducing the risk of executing the innocent, focusing on Committee on Resources, Subcommittee on Fisheries Con- the Report of the Illinois Governor’s Commission on Cap- servation, Wildlife and Oceans, hearing on the following ital Punishment, 9 a.m., SD–226. measures: H. Con. Res. 408, honoring the American Zoo and Aquarium Association for their continued service to House Animal Welfare, Conservation Education, Conservation Committee on Appropriations, Subcommittee on Military Research and Wildlife Conservation Programs; and H.R. Construction, to mark up appropriations for fiscal year 4807, the Susquehanna National Wildlife Refuge Expan- 2003, 2 p.m., B–300 Rayburn. sion Act, 2 p.m., 1334 Longworth. Committee on Armed Services, Subcommittee on Military Subcommittee on Forests, and Forest Health, oversight Procurement, hearing on the Safety, Security, Reliability, hearing on Process Gridlock on the National Forests, 10 and Performance of the U.S. Nuclear Stockpile, 1 p.m., a.m., 1334 Longworth. 2118 Rayburn. Committee on Small Business, hearing on the Effect of the Committee on Education and the Workforce, to mark up the Overvalued Dollar on Small Exporters, 10 a.m., 2360 following bills: H.R. 4854, Citizen Service Act of 2002; Rayburn. and H.R. 4866, Fed Up Higher Education Technical Committee on Transportation and Infrastructure, Sub- Amendments of 2002, 10:30 a.m., 2175 Rayburn. committee on Coast Guard and Maritime Transportation, Committee on Financial Services, to mark up H.R. 1701, hearing on H.R. 2228, Maritime Disaster Family Assist- Consumer Rental Purchase Agreement Act, 10 a.m., ance Act of 2001, 10 a.m., 2167 Rayburn. 2128 Rayburn. Committee on Government Reform, hearing on ‘‘Should the Joint Meetings United States Do More to Help U.S. Citizens Held Joint Meetings: Senate Select Committee on Intelligence, Against Their Will in Saudi Arabia?’’ 10 a.m., 2154 to hold joint closed hearings with the House Permanent Rayburn. Select Committee on Intelligence to examine events sur- Committee on the Judiciary, Subcommittee on Commer- rounding September 11, 2001, 2:30 p.m., S–407, Cap- cial and Administrative Law, oversight hearing on Health itol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 12 10 a.m., Wednesday, June 12

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Joint Meeting to Receive the morning business (not to extend beyond 10:40 a.m.), Sen- Honorable John Howard, Prime Minister of Australia; ate will proceed to the House Chamber for a Joint Meet- Consideration of motion to go to conference on H.R. ing with the House of Representatives to receive Prime 4, Securing America’s Future Energy Act; Minister of Australia John Howard; following which, the Consideration of motion to go to conference on H.R. Senate will stand in recess until 12:30 p.m. 4775, Supplemental Appropriations; At 12:30 p.m., Senate will continue consideration of Consideration of H.J. Res. 96, proposing a tax limita- H.R. 8, Death Tax Elimination Act. tion amendment to the Constitution of the United States (modified closed rule, two hours of general debate).

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